Pete's Seats, Inc. v. Pete's Sports and Entertainment, LLC, et al.

Filing 12

ORDER GRANTING 11 Stipulation to Continue the Status Conference re Consent/Scheduling Conference, signed by Magistrate Judge Jennifer L. Thurston on 8/20/2014. Status Conference re Consent/Initial Scheduling Conference CONTINUED to 10/8/2014 at 09:00 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PETE’S SEATS, INC.,
Plaintiff,

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v.

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PETE’S SPORTS AND ENTERTAINMENT,
LLC. and HENRY PETER WESELOH.

Case No. 1:14-cv-00777- JLT
ORDER GRANTING STIPULATION TO
CONTINUE THE STATUS CONFERENCE
RE: CONSENT/SCHEDULING
CONFERENCE
(Doc. 11)

Defendants.

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Before the Court is the stipulation of counsel to continue the scheduling conference.1 (Doc.

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11) Twice counsel have agreed that Defendants be allowed to delay filing their responsive pleading.

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(Docs. 9, 10) The basis for these previous agreements was that settlement efforts were underway.

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(Docs. 9, 10) Now counsel reports that, indeed, the parties have come to terms as to portions of the

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settlement but also report that Defendants intend to file a counterclaim. (Doc. 11 at 1) Thus, clearly,

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the parties do not intend to settle this matter.

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Thus, the Court ORDERS:

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1.

The stipulation of counsel is GRANTED. Defendants SHALL file their responsive

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The initial conference will focus on issues surrounding whether the parties will consent to magistrate judge jurisdiction.
If they will and agree to this before or at the hearing, the case will be scheduled at the hearing. If they won’t, the matter
will be reassigned to a district judge sitting in Sacramento. Depending upon the preference of the district judge, the
matter either will be set for further scheduling conference and the parties will be required to personally appear in
Bakersfield or the judge will issue the scheduling order based upon the information contained in the joint statement
without further conference with counsel.

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pleading no later than August 21, 2014. In the event Defendants file a counterclaim, Plaintiff
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SHALL file their responsive pleading no later than September 10, 2014;
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2.

The scheduling conference is CONTINUED to October 8, 2014 at 9:00 a.m.

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Telephonic appearances via the CourtCall service are authorized. Counsel SHALL comply with all
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other requirements of the order setting mandatory scheduling conference (Doc.5) including the
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requirement and timing of filing a joint scheduling conference statement.
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Absolutely no further extensions of time to respond to the pleadings will be considered
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by the Court.
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IT IS SO ORDERED.
Dated:

August 20, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE