Johnson v. Golden Empire Transit District et al

Filing 35

STIPULATION and ORDER 34 to Continue Filing Deadlines and Hearing on Plaintiff's Motion for Leave to File Amended Complaint, signed by Magistrate Judge Jennifer L. Thurston on 4/25/2016. Hearing on Motion for Leave to Amend (Doc. 33 ) CONTINUED to 5/12/2016 at 10:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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Thomas P. Fehér SBN 149944
Franklin D. Gordon SBN 121937
LEBEAU • THELEN, LLP
5001 East Commercenter Drive, Suite 300
Post Office Box 12092
Bakersfield, California 93389-2092
[phone]; Fax [phone]
[e-mail]

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Attorneys for Golden Empire Transit District and Toddash Kim

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT

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LATOYA JOHNSON, an individual,

Case No. 1:14-cv-01841-JLT

Plaintiff,

STIPULATION TO CONTINUE
DEADLINE FOR FILING MOTIONS TO
v.
AMEND THE PLEADINGS AND
HEARING ON PLAINTIFF’S MOTION
GOLDEN EMPIRE TRANSIT DISTRICT; FOR LEAVE TO FILE AMENDED
TODDASH KIM; DOES 1 through 100,
COMPLAINT, ETC.

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Defendants.

(Doc. 34)

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RECITALS
This Stipulation is entered into with reference to the following facts:
A.

Per the Scheduling Order, the deadline for the parties to file motions to amend the

pleadings in this case has passed. Plaintiff has filed a Motion to Amend the Scheduling Order to
allow her to file a Motion for Leave to File an Amended Complaint.
B.

Defendants oppose plaintiff’s Motion to Amend her Complaint, but do not object

to the setting of a new deadline to seek leave to amend the pleadings under the Scheduling Order,
so long as the new deadline to file motions to amend the pleadings is continued to May 16, 2016
or such date thereafter as the Court deems appropriate. Since the deadline to file non-dispositive
motions is April 29, 2016, the parties also seek to extend that deadline to May 16, 2016. The

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STIPULATION TO CONTINUE DEADLINE FOR FILING MOTIONS TO AMEND THE PLEADINGS
AND HEARING ON PLAINTIFF’S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT, ETC.

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Stipulation to amend the Scheduling Order deadline for the parties to file a motion to amend the

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pleadings is without prejudice and does not waive any party’s right to object to or oppose any

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such motion or to challenge the amended pleading on any other grounds.

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C.

Counsel for defendants has conflicts on the date noticed by plaintiff for the

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hearing on her Motion for Leave to File an Amended Complaint and, therefore, the parties have

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agreed to continue the hearing on the Motion for a period of one week, as well as the deadlines

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for defendants to file their Opposition to plaintiff’s Motion for Leave to File an Amended

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Complaint and plaintiff to file a Reply.

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D.

In light of the fact that the trial date is not imminent and the parties have agreed

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upon the requested continuances, the parties believe there would be no prejudice if said deadlines

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are continued.

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STIPULATION
NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between
the parties hereto, through their respective counsel, as follows:
1.

The Scheduling Order deadline for the parties to file motions to amend the

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pleadings and the deadline for the parties to file non-dispositive motions shall be extended to

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May 16, 2016, or such other date thereafter as the Court deems appropriate.

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2.

The hearing on plaintiff’s Motion for Leave to File an Amended Complaint is

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continued to May 12, 2016, or such other date thereafter as the Court deems appropriate. The

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deadlines for defendants to file their Opposition to plaintiff’s Motion for Leave to File an

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Amended Complaint and plaintiff to file a Reply shall be based on the continued hearing date.

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Respectfully Submitted:
Dated: April 25, 2016

LEBEAU • THELEN, LLP
By:

/s/ Thomas P. Fehér
Thomas P. Fehér, Esq.
Attorneys for Golden Empire Transit
District and Toddash Kim

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STIPULATION TO CONTINUE DEADLINE FOR FILING MOTIONS TO AMEND THE PLEADINGS
AND HEARING ON PLAINTIFF’S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT, ETC.

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Dated: April 25, 2016

LAW OFFICE OF RANDY RUMPH

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By:

/s/ Randy Rumph
Randy Rumph, Esq.
Attorney for Plaintiff Latoya Johnson

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STIPULATION TO CONTINUE DEADLINE FOR FILING MOTIONS TO AMEND THE PLEADINGS
AND HEARING ON PLAINTIFF’S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT, ETC.

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ORDER
The Stipulation of the parties having been filed and good cause appearing therefore IT IS
HEREBY ORDERED that:
1.

The Scheduling Order deadline for the parties to file motions to amend the

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pleadings and the deadline for the parties to file non-dispositive motions shall be extended to

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May 16, 2016.

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2.

The hearing on plaintiff’s Motion for Leave to File an Amended Complaint is

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continued to May 12, 2016. The deadlines for defendants to file their Opposition to plaintiff’s

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Motion for Leave to File an Amended Complaint and plaintiff to file a Reply shall be based on

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the continued hearing date.

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IT IS SO ORDERED.
Dated:

April 25, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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STIPULATION TO CONTINUE DEADLINE FOR FILING MOTIONS TO AMEND THE PLEADINGS
AND HEARING ON PLAINTIFF’S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT, ETC.