Curtis v. Forest, et al.

Filing 23

STIPULATION re: Continuance of Mandatory Scheduling Conference and ORDER: Initial SCHEDULING CONFERENCE is continued from 1/28/2014 to March 19, 2014 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The Parties are to file a Joint Scheduling Report no later than 7 days prior to the Scheduling Conference. signed by Magistrate Judge Barbara A. McAuliffe on 1/13/2014. (Herman, H)

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Ronald P. Jones #146281
Rissa A. Stuart #166459
Kahn, Soares & Conway LLP
219 N. Douty Street
Hanford, CA 93230
Telephone: [phone]
Fax: [phone]
Attorney for: Defendant, FIVE-REESE, INC.,
A California Corporation dba SIZZLER #3576; and
SIZZLER USA REAL PROPERTY, INC., a Delaware Corporation

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALBERT GEORGE CURTIS,

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Plaintiff,

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vs.

Case No. 1:13-CV-01509-LJO-BAM

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STIPULATION RE: CONTINUANCE OF
MANDATORY SCHEDULING
CONFERENCE AND ORDER

JOYCE FOREST, Trustee of the Joyce Forest
Inter Vivos Trust Agreement dated June 29,
1981; FIVE-REESE, INC., A California
Corporation dba SIZZLER #3576; SIZZLER
USA REAL PROPERTY, INC., a Delaware
Corporation
Defendants

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WHEREAS, Plaintiff, ALBERT GEORGE CURTIS (“Plaintiff”), has served all
defendants herein, namely, JOYCE FOREST, Trustee of the Joyce Forest Inter Vivos Trust

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Agreement dated June 29, 1981; FIVE-REESE, INC., a California Corporation dba SIZZLER
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#3576; and SIZZLER USA REAL PROPERTY, INC., a Delaware Corporation (collectively

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“Defendants,” and together with Plaintiff, “the Parties”), with its First Amended Complaint

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(“Complaint”);

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STIPULATION RE: CONTINUANCE OF MANDATORY SCHEDULING CONFERENCE AND ORDER

WHEREAS, all Defendants have now filed and served answers to the Complaint, with

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the latest answer being filed on behalf of Defendant, Sizzler USA Real Property, Inc., a Delaware

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Corporation, on January 2, 2014;
WHEREAS, a Mandatory Scheduling Conference is set in this matter for January 28,

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2014; and
WHEREAS, counsel for the above-referenced parties are discussing resolution of the

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issues raised in the Complaint and would like to minimize their fees and costs as well as
conserve the resources of the Court, and, therefore wish additional time to fully explore
settlement prior to incurring the fees and costs associated with preparation for, and appearance at,

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the Mandatory Scheduling Conference;
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NOW, THEREFORE, IT IS HEREBY STIPULATED, by and between Plaintiff and
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Defendants, through their respective attorneys of record, that the Mandatory Scheduling
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Conference currently scheduled for January 28, 2014, be continued to a date at the Court’s
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convenience after March 7, 2014 to permit the Parties to fully explore and exhaust efforts
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towards an informal resolution to this matter.
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IT IS SO STIPULATED.
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Dated: January 9, 2014

MOORE LAW FIRM, P.C.

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By:_/s/Tanya E. Moore___________________
Tanya E. Moore, Attorneys for Plaintiff,
ALBERT GEORGE CURTIS

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Dated: January 9, 2014

KAHN, SOARES & CONWAY, LLP

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By:_/s/Rissa A. Stuart____________________
Rissa A. Stuart, Attorneys for Defendant,
FIVE REESE, INC., a California corporation dba
SIZZLER #3576; and SIZZLER USA REAL
PROPERTY, INC., a Delaware Corporation

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_______________________________________________________________
STIPULATION RE: CONTINUANCE OF MANDATORY SCHEDULING CONFERENCE AND ORDER

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Dated: January 9, 2014

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ALLEN MATKINS LECK GAMBLE MALLORY &
NATSIS LLP

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By:_/s/Ivan M. Gold_______________________
Ivan M. Gold, Attorneys for Defendant,
JOYCE FOREST, Trustee of the Joyce Forest
Inter Vivos Trust Agreement dated June 29,
1981

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ORDER

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The Parties having so stipulated and good cause appearing, IT IS HEREBY ORDERED

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that the Mandatory Scheduling Conference, currently scheduled for January 28, 2014, be

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continued to March 19, 2014 at 9:00 AM in Courtroom 8 before Magistrate Judge Barbara A.

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McAuliffe. The Parties are to file a Joint Scheduling Report no later than seven (7) days prior to

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the Scheduling Conference.

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IT IS SO ORDERED.
Dated:

January 13, 2014

/s/ Barbara

A. McAuliffe

UNITED STATES MAGISTRATE JUDGE

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STIPULATION RE: CONTINUANCE OF MANDATORY SCHEDULING CONFERENCE AND ORDER

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