U.S. Equal Employment Opportunity Commission v. Zoria Farms, Inc. et al

Filing 11

Exparte Motion to Continue Mandatory Scheduling Conference; ORDER Thereon, signed by Magistrate Judge Sheila K. Oberto on 1/31/2014. (IT IS HEREBY ORDERED that: 1. The scheduling conference set for February 13, 2014, is CONTINUED to March 13, 2014, at 10:00 a.m. in Courtroom 7; and 2. The parties shall conduct their Rule 26(f) conference by or on February 21, 2014 and their joint scheduling report shall be filed on or before March 6, 2014.)(Gaumnitz, R)

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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U.S.
EQUAL
EMPLOYMENT ) Case No.: 1:13-CV-1544 LJO SKO
)
OPPORTUNITY COMMISSION,
)
) EX PARTE MOTION TO CONTINUE
Plaintiff,
) MANDATORY SCHEDULING
) CONFERENCE; ORDER THEREON
)
vs.
)
)
Z FOODS d/b/a ZORIA FARMS, ZORIA )
FARMS, INC.,
)
)
Defendant(s).
)
)

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On September 24, 2013, the EEOC filed the instant action against Defendants Zoria

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Farms Inc ( hereinafter “Zoria Farms”) and Z Foods d/b/a Zoria Farm (“Z Foods”).

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Docket No. 1).

(See

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On September 25, 2013, the Court issued an Order Setting a Mandatory Scheduling

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Conference for February 13, 2014. (Docket No. 3). Pursuant to that Order, the joint scheduling

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report is due on February 6, 2014 and the parties must meet and confer pursuant to Rule 26(f)

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by January 24, 2014.

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On September 30, 2013, funding for the federal government lapsed and Plaintiff Equal

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Employment Opportunity Commission (“EEOC”) moved the court to stay these proceeding as

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counsel for the EEOC was prohibited from working on this matter during the federal

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government shutdown on October 1, 2013. (Docket No. 4). On October 2, 2013, the Court

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granted the motion to stay for the duration of the government shutdown and ordering that

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“Plaintiff shall file a notice with the Court within three (3) court days after funding is restored

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along with a proposed order lifting this stay.” (Docket No. 5). On October 17, 2013, funding

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for the federal government was restored and Plaintiff EEOC resumed operations.

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Thereafter, the EEOC successfully served Defendants Zoria Farms Inc. and Z Foods

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within the one hundred and twenty (120) days allotted under Rule 4(m) of the Rules of Civil

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Procedure. The EEOC successfully served Z Foods on January 8, 2014. (Docket No. 8).

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Starting in early December 2013, the EEOC attempted to serve Zoria Farms.

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numerous attempts over a two month period, the EEOC was able to finally serve Zoria Farms

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on January 21, 2014 through service by certified U.S. mail as permitted by state law. See Rule

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4(e)(1); Cal. Civ. Proc. Code §1013(a). Pursuant to the Federal Rules and California Code of

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Civil Procedure Section 1013, Defendant Zoria Farms has twenty-six days to answer the

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complaint, making responsive pleadings due February 16, 2014.

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Good cause exists to continue the Mandatory Scheduling Conference for thirty (30)

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days. Responsive pleadings by Zoria Farms will illuminate several critical issues, including

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what affirmative defenses Zoria Farms will raise and thus the scope of discovery. Thus, the

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EEOC respectfully requests an ex parte motion to continue the initial scheduling conference as

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the deadline for the Rule 26(f) conference, the joint scheduling report, as well as the joint

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scheduling conference itself will occur before Defendant Zoria Farms Inc make an appearance.

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Furthermore, the requested continuance will not result in any undue delay or prejudice to either

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party as it would permit one of the Defendants to participate in those proceedings.

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Accordingly, the EEOC requests that this Court continue the Mandatory Scheduling
Conference, which is currently set for February 13, 2014 for a period of thirty (30) days.

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Respectfully submitted,

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Dated: January 31, 2014

_/s/ Rumduol Vuong_________
RUMDUOL VUONG,
Trial Attorney
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION

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ORDER

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Pursuant to Plaintiff's ex parte request, IT IS HEREBY ORDERED that:

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1.

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The scheduling conference set for February 13, 2014, is CONTINUED to March
13, 2014, at 10:00 a.m. in Courtroom 7; and

2.

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The parties shall conduct their Rule 26(f) conference by or on February 21, 2014
and their joint scheduling report shall be filed on or before March 6, 2014.

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IT IS SO ORDERED.
Dated:

January 31, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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