Miller v. Target Corporation

Filing 15

STIPULATION and ORDER to Modify the Scheduling Conference Order to STAY Proceedings Pursuant to the Service Members Civil Relief Act: all pending dates and deadlines are VACATED. STATUS CONFERENCE is set for March 25, 2014 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. Case stayed. signed by Magistrate Judge Barbara A. McAuliffe on 7/18/2013. (Herman, H)

Download PDF
1 2 3 4 5 6 7 8 9 SEYFARTH SHAW LLP Laura Maechtlen (SBN 224923) E-mail: lmaechtlen@seyfarth.com 560 Mission Street, 31st Floor San Francisco, California 94105 Telephone: (415) 397-2823 Facsimile: (415) 397-8549 SEYFARTH SHAW LLP Anthony J. Musante (SBN 252097) amusante@seyfarth.com 400 Capitol Mall Suite 2350 Sacramento, California 95814-4428 Telephone: (916) 448-0159 Facsimile: (916) 558-4839 Attorneys for Defendant TARGET CORPORATION 10 11 12 13 14 Jay S. Rothman, Esq. Jay S. Rothman & Associates 21900 Burbank Boulevard, Suite 210 Woodland Hills, CA 91367 Telephone: (818) 986-7870 Facsimile: (818) 990-3019 Attorney for Plaintiff VINCENT MILLER 15 UNITED STATES DISTRICT COURT 16 EASTERN DISTRICT OF CALIFORNIA 17 18 VINCENT MILLER, Case No. 1:12-CV-01708-LJO-BAM 19 Plaintiff, 20 v. 21 22 TARGET CORPORATION, and DOES 1 through 50, inclusive, STIPULATION AND ORDER TO MODIFY THE SCHEDULING CONFERENCE ORDER TO STAY PROCEEDINGS PURSUANT TO THE SERVICE MEMBERS CIVIL RELIEF ACT Defendant. 23 24 25 Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, Local Rule 240, the 26 Court’s Pretrial Scheduling Order, and 50 USCS Appx § 522 Plaintiff Vincent Miller and 27 Defendant Target Corporation (“Defendant”) hereby submit this Stipulation and [Proposed] Order 28 to Modify the Pretrial Scheduling Order to stay proceedings. STIPULATION TO MODIFY THE SCHEDULING CONFERENCE ORDER TO STAY PROCEEDINGS 15817072v.1 1 Plaintiff alleges that his employment was terminated in violation of USERRA. On 2 February 5, 2013, this Court issued a Scheduling Conference Order in this matter. Pursuant to the 3 Order, discovery cut-off was set for August 8, 2013 and a pretrial motion deadline was set for 4 October 4, 2013. Since the Scheduling Order was issued, Plaintiff Vincent Miller has been 5 deployed to Afghanistan and is unavailable to respond to discovery requests. Accordingly, the 6 parties seek a modification of the Pretrial Scheduling Order to stay proceedings until Plaintiff 7 returns and can fully engage in discovery. Further, the parties propose that a further Scheduling 8 Conference be scheduled following Plaintiff’s return from Afghanistan at the time of the lifting of 9 the stay. 10 This Court has the authority to stay the proceedings pursuant to 50 USCS Appx 11 §522(b)(1). The conditions for the stay are met because since instituting this proceeding Plaintiff 12 has been deployed to Afghanistan. His deployment materially affects his ability to appear and 13 respond to Defendant’s discovery requests. Plaintiff will be available to appear and respond on or 14 around March 2014, when he returns from deployment. Plaintiff agrees to submit a 15 correspondence from his commanding officer stating that his current military duty prevents his 16 appearance at this time because he has been deployed to Afghanistan, and noting his expected 17 date of return, pursuant to 50 USCS Appx §522(b)(1). 18 IT IS STIPULATED AS FOLLOWS: 19 The Pretrial Scheduling Order shall be modified to stay all proceedings until such time as 20 Plaintiff has returned from Afghanistan. 21 IT IS SO STIPULATED 22 23 24 25 26 27 28 2 STIPULATION TO MODIFY THE SCHEDULING CONFERENCE ORDER TO STAY PROCEEDINGS 15817072v.1 1 Dated: July 17, 2013 SEYFARTH SHAW LLP 2 3 By: 4 5 Attorneys for Defendant TARGET CORPORATION 6 7 /s/ Laura Maechtlen Anthony J. Musante Dated: July 17, 2013 JAY S. ROTHMAN & ASSOCIATES 8 By: 9 10 /s/ Jay S. Rothman Attorneys for Plaintiff VINCENT MILLER 11 12 13 ORDER 14 15 16 17 18 Having considered the Stipulation of the parties (Doc. 14), and for good cause shown, the Court HEREBY STAYS this action. All pending dates and deadlines are VACATED. The Court sets a Status Conference for March 25, 2014, at 9:00 AM, in Courtroom 8, before United States Magistrate Judge Barbara A. McAuliffe. 19 20 21 IT IS SO ORDERED. Dated: /s/ Barbara July 18, 2013 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 3 STIPULATION TO MODIFY THE SCHEDULING CONFERENCE ORDER TO STAY PROCEEDINGS 15817072v.1

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?