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)

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SEYFARTH SHAW LLP
Laura Maechtlen (SBN 224923)
E-mail: [e-mail]
560 Mission Street, 31st Floor
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
SEYFARTH SHAW LLP
Anthony J. Musante (SBN 252097)
[e-mail]
400 Capitol Mall Suite 2350
Sacramento, California 95814-4428
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
TARGET CORPORATION

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Jay S. Rothman, Esq.
Jay S. Rothman & Associates
21900 Burbank Boulevard, Suite 210
Woodland Hills, CA 91367
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiff
VINCENT MILLER

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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VINCENT MILLER,

Case No. 1:12-CV-01708-LJO-BAM

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Plaintiff,
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v.
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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.

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Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, Local Rule 240, the

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Court’s Pretrial Scheduling Order, and 50 USCS Appx § 522 Plaintiff Vincent Miller and

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Defendant Target Corporation (“Defendant”) hereby submit this Stipulation and [Proposed] Order

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to Modify the Pretrial Scheduling Order to stay proceedings.

STIPULATION TO MODIFY THE SCHEDULING CONFERENCE ORDER TO STAY PROCEEDINGS
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Plaintiff alleges that his employment was terminated in violation of USERRA. On

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February 5, 2013, this Court issued a Scheduling Conference Order in this matter. Pursuant to the

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Order, discovery cut-off was set for August 8, 2013 and a pretrial motion deadline was set for

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October 4, 2013. Since the Scheduling Order was issued, Plaintiff Vincent Miller has been

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deployed to Afghanistan and is unavailable to respond to discovery requests. Accordingly, the

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parties seek a modification of the Pretrial Scheduling Order to stay proceedings until Plaintiff

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returns and can fully engage in discovery. Further, the parties propose that a further Scheduling

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Conference be scheduled following Plaintiff’s return from Afghanistan at the time of the lifting of

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the stay.

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This Court has the authority to stay the proceedings pursuant to 50 USCS Appx

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§522(b)(1). The conditions for the stay are met because since instituting this proceeding Plaintiff

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has been deployed to Afghanistan. His deployment materially affects his ability to appear and

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respond to Defendant’s discovery requests. Plaintiff will be available to appear and respond on or

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around March 2014, when he returns from deployment. Plaintiff agrees to submit a

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correspondence from his commanding officer stating that his current military duty prevents his

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appearance at this time because he has been deployed to Afghanistan, and noting his expected

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date of return, pursuant to 50 USCS Appx §522(b)(1).

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IT IS STIPULATED AS FOLLOWS:

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The Pretrial Scheduling Order shall be modified to stay all proceedings until such time as

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Plaintiff has returned from Afghanistan.

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IT IS SO STIPULATED

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STIPULATION TO MODIFY THE SCHEDULING CONFERENCE ORDER TO STAY PROCEEDINGS
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Dated: July 17, 2013

SEYFARTH SHAW LLP

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By:

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Attorneys for Defendant
TARGET CORPORATION

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/s/
Laura Maechtlen
Anthony J. Musante

Dated: July 17, 2013

JAY S. ROTHMAN & ASSOCIATES

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By:

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/s/
Jay S. Rothman

Attorneys for Plaintiff
VINCENT MILLER

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ORDER

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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.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

July 18, 2013

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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STIPULATION TO MODIFY THE SCHEDULING CONFERENCE ORDER TO STAY PROCEEDINGS
15817072v.1