Gutierrez v. Sierra 7-Eleven Franchise Owners Association et al

Filing 12

ORDER GRANTING the continuance of the Initial Scheduling Conference currently set for 1/15/2014 and CONTINUING it to 2/26/2014 at 11:00 AM in Courtroom 1 (SMS) before Magistrate Judge Sandra M. Snyder. Order signed by Magistrate Judge Sandra M. Snyder on 12/16/2013. (Rooney, M)

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Tanya E. Moore, SBN 206683
MOORE LAW FIRM, P.C.
332 North Second Street
San Jose, California 95112
Telephone [phone]
Facsimile [phone]
E-mail: [e-mail]
Attorney for Plaintiff
Natividad Gutierrez

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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)
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Plaintiff,
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vs.
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SIERRA 7-ELEVEN FRANCHISE OWNERS )
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ASSOCIATION dba 7-ELEVEN; SZH
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PROPERTIES, LLC, a California Limited
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Liability Company; 7-ELEVEN, INC.,
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Defendants.
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NATIVIDAD GUTIERREZ,

No. 1:13-CV-01637-AWI-SMS
PLAINTIFF’S REQUEST TO CONTINUE
MANDATORY SCHEDULING
CONFERENCE TO AFFORD ALL
DEFENDANTS TIME TO APPEAR;
ORDER THEREON

WHEREAS, a scheduling conference is currently set in this matter for January 15,
2014, and a joint scheduling report is to be filed no later than January 8, 2014 (Dkt. 5);

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WHEREAS, Defendant, 7-Eleven, Inc. (“7-Eleven”), was added as a party in the First

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Amended Complaint filed by Plaintiff, Natividad Gutierrez (“Plaintiff”), on November 8, 2013

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(Dkt. 8);

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WHEREAS, 7-Eleven was served by Waiver of Service of Summons on November 13,
2013 (Dkt. 10), and its responsive pleading is therefore due January 13, 2014;

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WHEREAS, the last date to complete service on all defendants pursuant to this Court’s

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Order Setting Mandatory Scheduling Conference and Rule 4(a) of the Federal Rules of Civil

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Procedure is February 7, 2014, and all defendants have been so served;
PLAINTIFF’S REQUEST TO CONTINUE MANDATORY SCHEDULING CONFERENCE TO AFFORD
ALL DEFENDANTS TIME TO APPEAR; [PROPOSED] ORDER
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WHEREAS, 7-Eleven’s required appearance date of January 13, 2014 falls after the

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January 8, 2014 date on which the joint scheduling report must be filed as well as the last date

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by which the Parties are to meet and confer;

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WHEREAS, Defendants, Sierra 7-Eleven Franchise Owners Association dba 7-Eleven

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and SZH Properties, LLC (together with 7-Eleven, collectively, “Defendants”) have not yet

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appeared in this action as Plaintiff is advised that questions regarding indemnification are being

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addressed as between Defendants prior to any responsive pleadings being filed, and Plaintiff

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has therefore forestalled requesting any defaults;

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WHEREAS, Plaintiff desires to allow Defendants time to resolve the indemnification

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issues and appear in this action so that the Parties may meet and confer pursuant to Rule 26(f)

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of the Federal Rules of Civil Procedure, and Defendants may participate in the drafting of the

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required joint scheduling report;

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NOW, THEREFORE, Plaintiff respectfully requests that the scheduling conference

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currently set for January 15, 2014 be continued to a date, at the Court’s convenience, after

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January 31, 2014.

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Dated: December 16, 2013

MOORE LAW FIRM, P.C.

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/s/ Tanya E. Moore
Tanya E. Moore
Attorneys for Plaintiff,
Natividad Gutierrez

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ORDER

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Upon request of Plaintiff and good cause appearing,

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IT IS HEREBY ORDERED that the Mandatory Scheduling Conference currently set

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for January 15, 2014 be continued to February 26, 2014 at 11:00 am before Magistrate Judge

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Sandra M. Snyder in Courtroom 1 of the above-entitled Court, and that the parties file a Joint

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Scheduling Report no later than seven (7) days prior to the conference.

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PLAINTIFF’S REQUEST TO CONTINUE MANDATORY SCHEDULING CONFERENCE TO AFFORD
ALL DEFENDANTS TIME TO APPEAR; [PROPOSED] ORDER
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IT IS FURTHER ORDERED that Plaintiff shall immediately serve a copy of this
Order on all defendants named in the action.

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IT IS SO ORDERED.

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/s/ SANDRA M. SNYDER
SANDRA M. SNYDER
United States Magistrate Judge

Dated: 12/16/2013

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PLAINTIFF’S REQUEST TO CONTINUE MANDATORY SCHEDULING CONFERENCE TO AFFORD
ALL DEFENDANTS TIME TO APPEAR; [PROPOSED] ORDER
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