Owens v. Brixmor Arbor Faire Owner, LP et al

Filing 24

Joint stipulation to continue scheduling conference and extend time for Defendant Ernest Apple DBA L&L Hawaiian BBQ to respond to Plaintiff's complaint; Order, signed by Magistrate Judge Erica P. Grosjean on 4/20/2016. (Response due by 6/7/2016; Initial Scheduling Conference currently set for 4/29/2016 has been CONTINUED to 6/29/2016 at 09:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean)(Rosales, O)

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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]
Email: [e-mail]
Attorneys for Plaintiff
Arthur Owens
MORGAN, LEWIS & BOCKIUS LLP
Kathy H. Gao, Bar No. 259019
[e-mail]
300 South Grand Avenue
Twenty-Second Floor
Los Angeles, CA 90071-3132
Tel: [phone]
Fax: [phone]
Attorneys for Defendant
BRIXMOR ARBOR FAIRE OWNER, LP
[Additional Counsel Listed on Next Page]

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARTHUR OWENS,

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Plaintiff,

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Case No. 1:16-cv-00109-EPG
[Currently Assigned to U.S. Magistrate Judge
Hon. Erica P. Grosjean]

vs.
BRIXMOR ARBOR FAIRE OWNER, LP;
ERNEST APPLE dba L & L HAWAIIAN
BBQ; HOME DEPOT U.S.A., INC., dba
HOME DEPOT #663;

JOINT STIPULATION TO CONTINUE
SCHEDULING CONFERENCE AND
EXTEND TIME FOR DEFENDANT
ERNEST APPLE DBA L & L HAWAIIAN
BBQ TO RESPOND TO PLAINTIFF’S
COMPLAINT; ORDER

Defendants.

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Date:
Time:
CtRm:

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April 26, 2016
9:00 a.m.
10 (6th Floor)

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

JOINT STIPULATION TO CONTINUE SCHEDULING CONFERENCE AND EXTEND TIME FOR
DEFENDANT ERNEST APPLE DBA L & L HAWAIIAN BBQ TO RESPOND TO PLAINTIFF’S COMPLAINT
1:16-CV-00109-EPG
DB1/ 87340120.1

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SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
A Limited Liability Partnership
Including Professional Corporations
GREGORY F. HURLEY, Cal. Bar No. 126791
MICHAEL J. CHILLEEN, Cal. Bar No. 210704
650 Town Center Drive, 4th Floor
Costa Mesa, California 92626-1993
Telephone: [phone]
Facsimile: 714.513.5130
Attorneys for Defendant HOME DEPOT
U.S.A., INC.
BRADY K. McGUINNESS (SBN: 1472548)
COLEMAN & HOROWITT, LLP
Attorneys at Law
499 West Shaw, Suite 116
Fresno, California 93704
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant ERNEST APPLE,
dba L & L HAWAIIAN BBQ

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

JOINT STIPULATION TO CONTINUE SCHEDULING CONFERENCE AND EXTEND TIME FOR
DEFENDANT ERNEST APPLE DBA L & L HAWAIIAN BBQ TO RESPOND TO PLAINTIFF’S COMPLAINT
1:16-CV-00109-EPG
DB1/ 87340120.1

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WHEREAS, Plaintiff Arthur Owens (“Plaintiff”) filed his Complaint on January 22, 2016;
WHEREAS, on January 25, 2016, this Court set a Scheduling Conference for April 26,
2016, at 9:00 a.m.;
WHEREAS, on February 18, 2016, Defendant HOME DEPOT U.S.A., INC. filed its
Answer to Plaintiff’s Complaint [Dkt. No. 13];
WHEREAS, on February 24, 2016, Defendant Brixmor Arbor Faire Owner, LP filed a
Declination to Proceed Before U.S. Magistrate Judge [Dkt. No. 16];
WHEREAS, this action has not been assigned to a United States District Judge;
WHEREAS, on March 31, 2016, Defendant Brixmor Arbor Faire Owner, LP filed its
Answer to Plaintiff’s Complaint [Dkt. No. 20];
WHEREAS, the deadline for Defendant Ernest Apple dba L & L Hawaiian BBQ to
respond to Plaintiff’s Complaint is April 18, 2016;
WHEREAS, the parties have agreed to a settlement in principle of this action and are in
the process of revising the settlement agreement;
WHEREAS, the parties’ respective counsel have met and conferred and agreed that in the
interest of economy, the April 26, 2016 Scheduling Conference should be continued by
approximately 60 days – to a date on or after June 28, 2016 at the Court’s convenience – to allow
the parties sufficient time to finalize the settlement in this action, which would eliminate the need
for a Scheduling Conference.
THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and through the
parties’ respective counsel as follows:
1.

The April 26, 2016 Scheduling Conference be continued by approximately 60 days
– to a date on or after June 28, 2016 at the Court’s convenience – to allow the
parties sufficient time to finalize the settlement in this action, which would
eliminate the need for a Scheduling Conference; and

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

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JOINT STIPULATION TO CONTINUE SCHEDULING CONFERENCE AND EXTEND TIME FOR
DEFENDANT ERNEST APPLE DBA L & L HAWAIIAN BBQ TO RESPOND TO PLAINTIFF’S COMPLAINT
1:16-CV-00109-EPG
DB1/ 87340120.1

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2.

Defendant Ernest Apple dba L & L Hawaiian BBQ’s time to respond to Plaintiff’s
Complaint be extended to June 7, 2016.

Dated: April 18, 2016

MOORE LAW FIRM, P.C.

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By

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Dated: April 18, 2016

/s/ Tamya E. Moore
TANYA E. MOORE
Attorney for Plaintiff
ARTHUR OWENS

MORGAN, LEWIS & BOCKIUS LLP

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By

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Dated: April 18, 2016

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SHEPPARD, MULLIN, RICHTER & HAMPTON
LLP
By

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Dated: April 18, 2016

/s/ Kathy H. Gao
KATHY H. GAO
Attorney for Defendant
BRIXMOR ARBOR FAIRE OWNER, LP

/s/ Gregory F. Hurley
GREGORY F. HURLEY
Attorney for Defendant
HOME DEPOT U.S.A., INC.

COLEMAN & HOROWITT, LLP
By

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/s/ Brady K. McGuinness
BRADY K. McGUINNESS
Attorney for Defendant ERNEST APPLE,
dba L & L HAWAIIAN BBQ

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

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JOINT STIPULATION TO CONTINUE SCHEDULING CONFERENCE AND EXTEND TIME FOR
DEFENDANT ERNEST APPLE DBA L & L HAWAIIAN BBQ TO RESPOND TO PLAINTIFF’S COMPLAINT
1:16-CV-00109-EPG
DB1/ 87340120.1

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ORDER
After considering the Parties’ stipulation and good cause appearing, IT IS HEREBY
ORDERED that:
1.

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The Scheduling Conference currently set for April 26, 2016, at 9:00 a.m. is
continued to June 29, 2016 at 9:00 a.m; and

2.

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Defendant Ernest Apple dba L & L Hawaiian BBQ’s time to respond to Plaintiff’s
Complaint is extended to June 7, 2016.

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IT IS SO ORDERED.

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Dated:

April 20, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

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ORDER GRANTING JOINT STIPULATION TO CONTINUE SCHEDULING CONFERENCE AND EXTEND
TIME FOR DEFENDANT ERNEST APPLE DBA L & L HAWAIIAN BBQ TO RESPOND TO PLAINTIFF’S
COMPLAINT
1:16-CV-00109-EPG
DB1/ 87340120.1