Jose Trujillo v. Petersen et al

Filing 15

STIPULATION and ORDER GRANTING the parties' request to continue the Initial Scheduling Conference currently set for 8/30/2016 and CONTINUING it to 11/30/2016 at 09:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. Order signed by Magistrate Judge Erica P. Grosjean on 8/22/2016. (Rooney, 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
Jose Trujillo

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSE TRUJILLO,

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Plaintiff,
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vs.
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MARGARET E. PETERSEN, Trustee of the )
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BYPASS TRUST UNDER THE DON R.
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PETERSEN AND MARGARET E.
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PETERSEN TRUST dated April 29, 1998, et )
al.,
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Defendants.
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AND RELATED CROSS-CLAIMS.
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No. 1:16-cv-00728-DAD-EPG
STIPULATION FOR CONTINUANCE OF
MANDATORY SCHEDULING
CONFERENCE; ORDER THEREON

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

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August 30, 2016, pursuant to the Court’s Order Setting Mandatory Scheduling Conference

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dated May 26, 2016 (Dkt. 4-1);

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STIPULATION FOR CONTINUANCE OF MANDATORY SCHEDULING CONFERENCE;
[PROPOSED] ORDER
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WHEREAS, on July 20, 2016, Defendant/Cross-Claimant Esteban Lopez dba Super Hi-

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Tek Hydro (“Lopez”) filed an Answer and Cross-Claim against Defendant/Cross-Defendant

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Margaret E. Petersen, Trustee of the Bypass Trust Under the Don R. Petersen Trust dated April

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29, 1998 (“Petersen”); and Cross-Defendant Randal S. George, individually and as Trustee of

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George Family Trust (“Randal George”) (Dkt. 8);

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WHEREAS, on July 20, 2016, Defendant/Cross-Claimant Marcos Guillermo Marin dba

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Tint Master 1 (“Marin,” and together with Lopez, “Cross-Claimants”) filed an Answer and

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Cross-Claim against Defendant/Cross-Defendant Margaret E. Petersen, Trustee of the Bypass

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Trust Under the Don R. Petersen Trust dated April 29, 1998 (“Petersen”); and Cross-Defendant

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John F. George dba John F. George Rental Properties (“John George,” and together with Randal

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George and Petersen, “Cross-Defendants”) (Dkt. 9);
WHEREAS, on August 1, 2016, Plaintiff Jose Trujillo (“Plaintiff”) filed a First

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Amended Complaint (Dkt. 10) also naming Randal George and John George as defendants;

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WHEREAS, Plaintiff served Petersen with the First Amended Complaint on August 15,

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2016, as set forth in the proof of service on file with the Court (Dkt. 12), and thus Petersen’s

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response to the First Amended Complaint is due September 6, 2016;

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WHEREAS, Plaintiff is diligently attempting to effect service of the First Amended

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Complaint on Randal George and John George, and expects to do so within 90 days of the filing

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of the First Amended Complaint as required by Federal Rule of Civil Procedure 4(m), which is

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October 31, 2016;

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WHEREAS, Cross-Claimants have not yet effected service of their Cross-Claims on any
of the Cross-Defendants;

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NOW, THEREFORE, Plaintiff and the Cross-Claimants, by and through their respective

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counsel, stipulate to a continuance of the Mandatory Scheduling Conference currently set for

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August 30, 2016 to a date at the Court’s convenience after November 28, 2016, to allow time

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for Plaintiff and the Cross-Claimants to effect service of their respective pleadings, for the

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Marin was dismissed from Plaintiff’s claims on August 19, 2016 (Dkt. 13).

STIPULATION FOR CONTINUANCE OF MANDATORY SCHEDULING CONFERENCE;
[PROPOSED] ORDER
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Cross-Defendants to make an appearance, and for the Parties to meet and confer and file a joint

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scheduling report.

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Date: August 22, 2016

MOORE LAW FIRM, P.C.

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/s/ Tanya E. Moore
Tanya E. Moore
Attorney for Plaintiff,
Jose Trujillo

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Date: August 22, 2016

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YARRA, KHARAZI & CLASON

/s/ H. Ty Kharazi
H. Ty Kharazi
Attorneys for Defendants/Cross-Claimants
Marcos Guillermo Marin dba Tint Master and
Esteban Lopez dba Super Hi-Tek Hydro

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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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August 30, 2016, is continued to November 30, 2016, at 9:30 am in Courtroom 10, before
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Magistrate Judge Erica P. Grosjean. The parties are to file their Joint Scheduling Report no later
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than seven days prior to the conference.
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IT IS SO ORDERED.

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Dated:

August 22, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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