Mission Linen Supply v. City of Visalia

Filing 91

STIPULATION and ORDER TO CONTINUE THE TRIAL DATE FROM OCTOBER 3, 2017 TO OCTOBER 11, 2017 AND WAIVING A JURY, signed by District Judge Anthony W. Ishii on 9/14/2017. (Kusamura, W)

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LORI J. GUALCO (Bar No. 95232)
GUALCO LAW
400 Capitol Mall, Eleventh Floor
Sacramento, CA 95814
Tel: [phone]
Fax: [phone]
Email: [e-mail]
JAN A. GREBEN (Bar No. 103464)
CHRISTINE M. MONROE (Bar No. 304573)
GREBEN & ASSOCIATES
125 E. De La Guerra Street, Suite 203
Santa Barbara, CA 93101
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiff
MISSION LINEN SUPPLY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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MISSION LINEN SUPPLY,
Plaintiff,

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Case No. 1:15-cv-00672-AWI-EPG
JOINT STIPULATION TO CONTINUE
THE TRIAL DATE FROM OCTOBER 3,
2017 TO OCTOBER 11, 2017 AND
WAIVING A JURY; AND (PROPOSED)
ORDER

v.
CITY OF VISALIA,
Defendant.

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Plaintiff Mission Linen Supply (“Mission Linen”), by and through its attorneys of record,

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Gualco Law and Lori J. Gualco, and Greben & Associates and Jan A. Greben, and Defendant

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City of Visalia (“City”), by and through its attorneys of record, Herr, Pedersen & Berglund LLP

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and Leonard C. Herr, (collectively the “Parties”) having met and conferred on the issue of

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GUALCO LAW
400 Capitol Mall
Eleventh Floor
Sacramento, CA
95814

continuing the trial date from October 3, 2017 to October 11, 2017, and waiving the jury, hereby
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JOINT STIPULATION TO CONTINUE THE TRIAL DATE TO OCTOBER 11, 2017 AND WAIVING A JURY; AND (PROPOSED)
ORDER

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stipulate and agree that good cause exists for the continuation of the trial date in this case, and

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for waiving the jury trial.

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Whereas, consistent with the Orders of the Court, [Documents 78 and 80] the Parties

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participated in a settlement conference with Magistrate Judge McAuliffe on September 13, 2017.

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The Parties did not reach a settlement in the case, but were able to meet and confer on trial issues

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during the settlement conference with the assistance of Magistrate Judge McAuliffe.

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Whereas, legal counsel for the parties believe the administration of justice, resources of
the court and the parties are better served by continuing the trial from October 3, 2017 to October
11, 2017 and by the Parties waiving their requests for a jury trial. The Parties also inform the
Court that they will be meeting and conferring early in the week of September 18, 2017, to

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discuss narrowing the issues for trial and potentially withdrawing certain Motions in Limine
currently pending.

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Whereas, the Parties hereby stipulate and agree as follows:

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1.

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The Parties have a hearing scheduled for September 18, 2017 on the Motions in

Limine and the Jury Trial brief issues filed by Plaintiff Mission Linen and Defendant City. The
Parties request that the Court reschedule the Motions in Limine to September 25, 2017 at 1:30

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p.m. and vacate the Jury Trial brief issues motion on September 18, 2017, as that motion is moot
with the waiving of the jury trial by the Parties. As to all other pre-trial deadlines, the Parties
request that the Court move those deadlines to one week later.

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2.

A Jury Trial in this case is waived by Mission Linen and the City.

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3.

The Parties request a status conference be scheduled on September 25, 2017 at

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1:30 p.m. to discuss pending trial issues with the Parties.
4.

Plaintiff Mission and Defendant City agree that the trial scheduled for October 3,

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GUALCO LAW
400 Capitol Mall
Eleventh Floor
Sacramento, CA
95814

2017 be continued to October 11, 2017 at 8:30 a.m. in the courtroom of Judge Anthony W. Ishii.
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JOINT STIPULATION TO CONTINUE THE TRIAL DATE TO OCTOBER 11, 2017 AND WAIVING A JURY; AND (PROPOSED)
ORDER

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5.

Plaintiff Mission and Defendant City jointly move for an order regarding the

above dates.

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September 14, 2017

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By: /s/ Lori J. Gualco as authorized on 9/14/17
LORI J. GUALCO
Attorney for Plaintiff MISSION LINEN
SUPPLY

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GUALCO LAW

GREBEN & ASSOCIATES
Dated: September 14, 2017
By: /s/Jan A. Greben as authorized on 9/14/17
JAN A. GREBEN
Attorneys for Plaintiff MISSION LINEN
SUPPLY

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Dated: September 14, 2017

HERR PEDERSEN & BERGLUND LLP

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By: _/s/ Leonard C. Herr as authorized on 9/14/17
LEONARD C. HERR
Attorneys for Defendant CITY OF VISALIA

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ORDER

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Based on the above Joint Stipulation of Plaintiff Mission Linen Supply and Defendant
City of Visalia, IT IS HEREBY ORDERED that:
1.

The Parties have a hearing scheduled for September 18, 2017 on the Motions in

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Limine and the Jury Trial brief issues filed by Plaintiff Mission Linen and Defendant City. The

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Court reschedules the Motions in Limine to September 25, 2017 at 1:30 p.m. and vacates the

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Jury Trial brief issues motion on September 18, 2017, as that motion is moot with the waiving of
the jury trial by the Parties. As to all other pre-trial deadlines, the Court hereby moves those

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GUALCO LAW
400 Capitol Mall
Eleventh Floor
Sacramento, CA
95814

deadlines to one week later than the dates currently scheduled.
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JOINT STIPULATION TO CONTINUE THE TRIAL DATE TO OCTOBER 11, 2017 AND WAIVING A JURY; AND (PROPOSED)
ORDER

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2.

A Jury Trial in this case is waived by Mission Linen and the City.

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3.

A status conference is scheduled on September 25, 2017 at 1:30 p.m. to discuss

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pending trial issues with the Parties.

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4.

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Trial scheduled for October 3, 2017 shall be continued to October 11, 2017, at

8:30 a.m. in the courtroom of Judge Anthony W. Ishii.
5.

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As soon as possible, but no later than 9:30 a.m. on Wednesday, September 20,

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2017, the parties shall each inform the Court as to which currently pending motions will be

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withdrawn, and each party shall file a corresponding formal notice of withdrawal.

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IT IS SO ORDERED.

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Dated:

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September 14, 2017
SENIOR DISTRICT JUDGE

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GUALCO LAW
400 Capitol Mall
Eleventh Floor
Sacramento, CA
95814

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JOINT STIPULATION TO CONTINUE THE TRIAL DATE TO OCTOBER 11, 2017 AND WAIVING A JURY; AND (PROPOSED)
ORDER