Bryant v. Prime Properties et al

Filing 12

STIPULATION and ORDER to continue the Scheduling Conference from 5/27/2016 to 8/30/2016 at 09:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Signed by Magistrate Judge Stanley A. Boone on 5/19/2016. (Hernandez, M)

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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]
Attorney for Plaintiff
Rachel Bryant

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RACHEL BRYANT,

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Plaintiff,
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vs.
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PRIME PROPERTIES, a General Partnership; )
F & H PIZZA INC. dba LITTLE CAESAR’S )
PIZZA; HURLEY ENTERPRISES, LLC dba )
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D’s WASH & DRY,
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Defendants.
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No. 1:16-cv-00323-DAD-SAB
STIPULATION FOR CONTINUANCE OF
MANDATORY SCHEDULING
CONFERENCE AND FOR EXTENSION
OF TIME TO FILE RESPONSIVE
PLEADINGS; ORDER

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WHEREAS, a Mandatory Scheduling Conference in this action is currently set for May

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27, 2016, pursuant to the Court’s Order Setting Mandatory Scheduling Conference dated March

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9, 2016 (Dkt. 3);

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WHEREAS, on May 2, 2016, Plaintiff Rachel Bryant (“Plaintiff”) filed a First Amended

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Complaint (Dkt. 8) and served the First Amended Complaint on Defendants Prime Properties, a

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General Partnership (“Prime Properties”) and F & H Pizza Inc. dba Little Caesar’s Pizza

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(“Little Caesar,” and together with Plaintiff and Prime Properties, “the Parties”) by mail that

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same date, as set forth on the Certificate of Service filed with the Court (Dkt. 9);

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WHEREAS, Prime Properties’ and Little Caesar’s responsive pleadings are accordingly
due on May 19, 2016;

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WHEREAS, Plaintiff has been unable to effect service of the summons and First

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Amended Complaint to date on the remaining defendant, Hurley Enterprises, LLC dba D’s

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Wash & Dry (“Hurley Enterprises”), but is continuing to make a diligent effort at effecting

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service;

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WHEREAS, the Parties have been engaging in settlement discussions and are

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optimistically hopeful that an informal settlement can be reached, but believe that Hurley

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Enterprises’ participation is necessary to achieve a full settlement or resolution of Plaintiff’s

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claims;

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

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continuance of the Mandatory Scheduling Conference currently set for May 27, 2016 to a date

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at the Court’s convenience after August 19, 2016, to allow time for Hurley Enterprises to be

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served with the summons and First Amended Complaint and to make an appearance, and for the

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Parties to meet and confer with Hurley Enterprises and file a joint scheduling report. The

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Parties additionally stipulate to an extension of time for Prime Properties’ and Little Caesar’s

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responsive pleadings, such that the responsive pleadings shall be filed on or before July 22,

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2016.

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Date: May 19, 2016

MOORE LAW FIRM, P.C.

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/s/ Tanya E. Moore
Tanya E. Moore
Attorney for Plaintiff, Rachel Bryant

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Date: May 19, 2016

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/s/ Ryan M. McNamara
Ryan M. McNamara
Attorney for Defendant, Prime Properties

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CALL & JENSEN
A Professional Corporation

Date: May 19, 2016

MURCHISON & CUMMING, LLP

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/s/ Melissa Wood
Melissa Wood
Attorney for Defendant
F & H Pizza, Inc. dba Little Caesar’s Pizza

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ORDER

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The parties having so stipulated and good cause appearing,

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

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May 27, 2016 is continued to August 30, 2016 at 9:30 a.m. in Courtroom 9, before Magistrate

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Judge Stanley A. Boone. The parties are to file their Joint Scheduling Report no later than seven

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days prior to the Conference. Additionally, the time within which Defendants Prime Properties,

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a General Partnership, and F & H Pizza Inc. dba Little Caesar’s Pizza must file responsive

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pleadings is extended to and including July 22, 2016.

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IT IS SO ORDERED.
Dated:

May 19, 2016
UNITED STATES MAGISTRATE JUDGE