Escobedo v. Gottschalk et al

Filing 11

STIPULATION and ORDER GRANTING the parties' request for a continuance of the Initial Scheduling Conference currently set for 7/1/2015 and CONTINUING it to 9/2/2015 at 01:30 PM before Magistrate Judge Sandra M. Snyder. Order signed by Magistrate Judge Sandra M. Snyder on 6/22/2015. (Rooney, M)

1
2
3
4
5

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

6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

JOSE ESCOBEDO,

12
13
14
15

Plaintiff,
vs.
JOHN GOTTSCHALK dba
GOTTSCHALK’S MUSIC CENTER, et al.,
Defendants.

16
17
18
19

)
)
)
)
)
)
)
)
)
)
)
)

No. 1:15-CV-00534-AWI-SMS
STIPULATION FOR CONTINUANCE OF
MANDATORY SCHEDULING
CONFERENCE;
ORDER THEREON

WHEREAS, a Mandatory Scheduling Conference in this action is currently set for July
1, 2015;

20

WHEREAS, a joint scheduling report must be filed by all parties by June 24, 2015,

21

pursuant to the Court’s Order Setting Mandatory Scheduling Conference Requiring the Parties

22

to Confer Pursuant to F.R.Civ.P. 26(f) (Dkt. 3);

23
24
25
26

WHEREAS, Defendant, John Gottschalk dba Gottschalk’s Music Center (“Gottschalk”),
is the only defendant who has appeared in the action to date;
WHEREAS, Defendants Donal J. Garner and Mary Lou Garner were dismissed from the
action without prejudice on April 16, 2015 (Dkt. 5);

27

WHEREAS, Plaintiff, Jose Escobedo (“Plaintiff,” and together with Gottschalk, “the

28

Parties”) has been unable to effect service of the summons and complaint to date on the sole

STIPULATION FOR CONTINUANCE OF MANDATORY SCHEDULING CONFERENCE;
[PROPOSED] ORDER
Page 1

1

remaining defendant who has not appeared or been dismissed, Ronald D. Deaver, Trustee of the

2

Ronald D. Deaver Revocable Trust, established September 1, 2014 (“Deaver”), but expects that

3

service on Deaver can be effected within the next three weeks;

4
5
6
7

WHEREAS, since Deaver has not yet been served, his responsive pleading will not be
due by the time of the July 1, 2015, scheduling conference;
WHEREAS, the Parties have not been able to meet and confer with Deaver to date as
Deaver has not yet made an appearance in the action nor contacted counsel for the Parties;

8

NOW, THEREFORE, the Parties, by and through their respective counsel, stipulate to a

9

continuance of the Mandatory Scheduling Conference currently set for July 1, 2015, to

10

September 2, 2015, at 1:30 p.m., to allow time for Deaver to be served with the summons and

11

complaint and to make an appearance, and for the Parties to meet and confer with Deaver and

12

file a joint scheduling report.

13
14

Date: June 22, 2015

MOORE LAW FIRM, P.C.

15
/s/ Tanya E. Moore
Tanya E. Moore
Attorney for Plaintiff
Jose Escobedo

16
17
18
19

Date: June 22, 2015

LAW OFFICE OF ZACHARY BEST

20
21
22

/s/ Zachary Best
Zachary Best
Attorney for Defendant
John Gottschalk dba Gottschalk’s Music Center

23
24
25
26
27
28

STIPULATION FOR CONTINUANCE OF MANDATORY SCHEDULING CONFERENCE;
[PROPOSED] ORDER
Page 2

1

ORDER

2

The parties having so stipulated and good cause appearing,

3

IT IS HEREBY ORDERED that the Mandatory Scheduling Conference currently set for

4

July 1, 2015, is continued to September 2, 2015, at 1:30 p.m. in Courtroom 1. The parties shall

5

file a joint scheduling report one week prior to the Scheduling Conference.

6
7

IT IS SO ORDERED.

8
9
10

DATED: 6/22/2015

/s/ SANDRA M. SNYDER
UNITED STATES MAGISTRATE JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

STIPULATION FOR CONTINUANCE OF MANDATORY SCHEDULING CONFERENCE;
[PROPOSED] ORDER
Page 3