Ray Gibson v. Hagerty Insurance Agency et al

Filing 27

STIPULATION and ORDER to Continue Initial Scheduling Conference: Initial SCHEDULING CONFERENCE is continued from October 11, 2016 to Wednesday, November 16, 2016 at 09:30 AM before Magistrate Judge Barbara A. McAuliffe. A joint scheduling report is due one week before the conference. signed by Magistrate Judge Barbara A. McAuliffe on 10/4/2016. (Herman, H)

1
2
3
4
5
6
7
8

Irene K. Yesowitch (SBN 111575)
[e-mail]
Alicia M. Gurries (SBN 210225)
[e-mail]
COZEN O’CONNOR
101 Montgomery Street, Suite 1400
San Francisco, California 94104
Tel: [phone]
Fax: [phone]
Attorneys for Defendants/Cross-Complainants,
HAGERTY INSURANCE AGENCY and
ESSENTIA INSURANCE COMPANY

9

UNITED STATES DISTRICT COURT

10
EASTERN DISTRICT OF CALIFORNIA

11
12

Plaintiff,

13
14
15
16
17
18

21

HAGERTY INSURANCE AGENCY, a
Limited Liability Corporate entity doing
business in California, ESSENTIA
INSURANCE COMPANY, a Corporate
Entity doing business in California, And
DOES 1-50,
Defendants.

24
25
26
27
28

Date:
Time:
Courtroom:
Judge:

October 11, 2016
9:30 a.m.
23
Magistrate Judge Barbara
A. McAuliffe

Complaint filed: April 7, 2016
Removed from State Court: May 11, 2016

HAGERTY INSURANCE AGENCY, LLC,
and ESSENTIA INSURANCE COMPANY,

22
23

STIPULATION AND [PROPOSED]
ORDER TO CONTINUE INITIAL
SCHEDULING CONFERENCE

v.

19
20

Case No. 1:16-CV-00677-DAD-BAM

RAY GIBSON,

Defendants/Cross-Complainants,
v.
RAY GIBSON, JUDY SLACK and ROES 1
through 10.
Cross-Defendants.
Pursuant to Local Rule 143, the parties hereby stipulate to continue the Initial
Scheduling Conference from October 11, 2016 to November 15, 2016.

1

RECITALS

2

WHEREAS, on September 1, 2016, Magistrate Judge Barbara McAuliffe held a

3

telephone conference with newly retained counsel, Anthony Salazar, attorney for

4

Plaintiff/Cross-Defendants, Ray Gibson and Judy Slack, and counsel for Defendants/Cross-

5

Complainants, Hagerty Insurance Agency, LLC and Essentia Insurance Company.

6

WHEREAS, on September 6, 2016, Magistrate Judge McAuliffe ordered the

7

continuation of the Initial Scheduling Conference to October 11, 2016 to allow newly

8

retained counsel, Anthony Salazar, to file a substitution of attorney for Mr. Gibson and Mrs.

9

Slack. (Doc. No. 23.) The Court’s Order noted that the parties discussed “whether the

10

Court should proceed with appointing a guardian ad-litem due to Mr. Gibson’s advanced

11

Alzheimer’s disease”.

12
13

WHEREAS, Mr. Salazar filed a substitution of attorney on September 16, 2016.
(Doc. No. 24.)

14

WHEREAS, the Mr. Salazar has advised that he will be filing for appointment of a

15

guardian ad-litem for Mr. Gibson but that he needs additional time. Mr. Salazar has

16

requested an additional three weeks to find a guardian ad-litem and file the appropriate

17

motion with the Court.

18
19

WHEREAS, the parties agree and stipulate that the Initial Scheduling Conference be
continued from October 11, 2016 to November 15, 2016, or later.

20
21

WHEREAS, the parties agree and stipulate that neither party will be prejudiced by
the granting of such a continuance.

22

Accordingly, the parties respectfully request the Court adopt this proposed

23

stipulation.

24

///

25

///

26
27
28

1
2

IT IS SO STIPULATED.
Dated: October 3, 2016

3

COZEN O’CONNOR
By:

4
5
6

/s/ Alicia Gurries
Irene K. Yesowitch
Alicia M. Gurries
Attorneys for Defendants/Cross-Complainants,
HAGERTY INSURANCE AGENCY and
ESSENTIA INSURANCE COMPANY

7
8

Dated: October 3, 2016

9

LAW OFFICE OF ANTHONY SALAZAR
By: /s/ Anthony Salazar
Anthony T. Salazar
Attorney for Plaintiff/Cross-Defendants, RAY
GIBSON and JUDY SLACK

10
11
12
13

[PROPROSED] ORDER

14
The Court, having received, read, and considered the stipulation of the parties, and
15
good cause appearing therefrom, adopts the stipulation of the parties and agree to continue the
16
Initial Scheduling Conference. The Court further CONTINUES the Initial SCHEDULING
17
CONFERENCE from October 11, 2016 to Wednesday, November 16, 2016 at 09:30 AM
18
before Magistrate Judge Barbara A. McAuliffe. A joint scheduling report is due one week
19
before the conference.
20
21

IT IS SO ORDERED.

22
23
24
25
26
27
28

Dated: October 4, 2016

/s/ Barbara

A. McAuliffe

UNITED STATES MAGISTRATE JUDGE