W.H. Breshears, Inc. v. Delaware North Companies Parks and Resorts at Yosemite, Inc. et al

Filing 13

ORDER TO CONTINUE Scheduling Conference from 10/3/2016 to 11/28/2016 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. A joint scheduling report is due one week before the new conference date. Signed by Magistrate Judge Stanley A. Boone on 9/21/2016. (Hernandez, M)

FRANK T. ZUMWALT (SBN. 132746)
1 GRAHAM SCOTT (SBN. 236077)
SAMUAL E. GETRICH (SBN. 248464)
2 T H E Z UMWAL T L AW F IRM , LLP.
1600 G Street, Suite 104
3 Modesto, California 95354
Telephone No: [phone]
4 Facsimile No: [phone]
5 Attorneys for Plaintiff W.H. Breshears, Inc.
6

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

7
8
9 W.H. Breshears, Inc.

CASE NO. 1:16-cv-01129-AWI-SAB

Plaintiff,

10

Stipulation and Order to Continue
Initial Scheduling Conference

11 v.
12 Delaware North Companies Parks and Resorts at
Yosemite, Inc. and Does 1-10
13
Defendants.
14
15 Delaware North Companies Parks And Resorts At
Yosemite, Inc.,
16
Counter-claimant,
17
v.
18
W.H. Breshears, Inc.,
19
20
21
22
23
24

The parties to this action hereby stipulate and request that the Initial Scheduling
Conference set for October 3, 2016, be continued for the reasons set forth herein.

25

The plaintiff has filed a motion to remand the entire action back to the state court. The

26

plaintiff’s motion is scheduled to be heard on October 11, 2016. Delaware North agreed to

27
28
TH E ZUM W ALT
LAW FI RM , LLP
1600 G STREET
SUITE 104
MODESTO, CA 95354
T: [phone]

1

continue the initial scheduling conference at Plaintiff’s request and as a professional courtesy to

2

Plaintiff. Delaware North is confident this action was properly removed to this Court.

3

In order to conserve the Court’s time and resources in holding a scheduling conference

4

where venue is not yet settled, the parties respectfully request the Court continue the Initial

5

Scheduling Conference until after the October 11, 2016 hearing date currently scheduled for

6

plaintiff’s motion to remand.

7

Respectfully submitted:

8
9

Dated: September 20, 2016

ZUMWALT LAW FIRM, LLP

10
By: /s/ Graham Scott
Graham Scott
Attorneys for Plaintiff/Counter-Defendant W.H.
Breshears, Inc.

11
12
13
14 Dated: September 20, 2016

DAVIS WRIGHT TREMAINE LLP

15

By: /s/ Mary McNeill
Mary McNeill
Attorneys for Defendant/Counter-Claimant
Delaware North Companies Parks and
Resorts at Yosemite, Inc.

16
17
18

ORDER
19
20
21

Good cause appearing, IT IS HEREBY ORDERED that the Scheduling Conference is
continued to November 28, 2016 at 10:00 a.m. in Courtroom 9 before Magistrate Judge Stanley
A. Boone. A joint scheduling report is due one week before the new conference date.

22
23 IT IS SO ORDERED.
24
25
26
27
28
TH E ZUM W ALT
LAW FI RM , LLP
1600 G STREET
SUITE 104
MODESTO, CA 95354
T: [phone]

Dated:

September 21, 2016
UNITED STATES MAGISTRATE JUDGE