Owens v. FedEx Office and Print Services, Inc. et al

Filing 20

STIPULATION to Stay Action Due to Death of Plaintif; ORDER: (1.) This action is stayed. (2.) Plaintiffs representative shall either file a Motion for Substitution of Parties in this action on or before January 17, 2017, or the parties shall file a stipulation for dismissal of the action on or before January 24, 2017. signed by Magistrate Judge Barbara A. McAuliffe on 11/4/2016. (Herman, H)

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Tanya E. Moore, SBN 206683
Zachary M. Best, SBN 166035
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

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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)
)
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Plaintiff,
)
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vs.
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FEDEX OFFICE AND PRINT SERVICES, )
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INC., dba FEDEX OFFICE #5181; IRWIN
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HOFFMAN, as Trustee of the IRWIN
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HOFFMAN IRREVOCABLE TRUST
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AGREEMENT dated 3/19/91, and as Trustee )
)
of the HOFFMAN TRUST dated 11/20/98;
TERRY PODERS HOFFMAN, Trustee of the )
)
HOFFMAN TRUST dated 11/20/98;
)
)
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Defendants.
)
)
ARTHUR OWENS,

No. 1:16-cv-01141-AWI-BAM
STIPULATION TO STAY ACTION DUE
TO DEATH OF PLAINTIFF;
[PROPOSED] ORDER

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Counsel for Plaintiff, Arthur Owens (“Plaintiff”), and Defendants Irwin Hoffman, as

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Trustee of the Irwin Hoffman Irrevocable Trust Agreement dated 3/19/91, and as Trustee of

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the Hoffman Trust dated 11/20/98; and Terry Poders Hoffman, Trustee of the Hoffman Trust

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dated 11/20/98 (“Defendants,” and together with Plaintiff, the “Parties”), by and through their

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attorney of record, hereby represent and stipulate as follows:

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STIPULATION TO STAY ACTION DUE TO DEATH OF PLAINTIFF; [PROPOSED] ORDER
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WHEREAS, this action arises out of Plaintiff’s claims, all of which are disputed by

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Defendants, that Defendants discriminated against him in violation of Title III of the

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Americans with Disabilities Act, 42 U.S.C. §§ 12101, et seq. (“ADA”) and related California

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law. Plaintiff’s lawsuit seeks injunctive relief under state and federal law, damages under state

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law, and the recovery of his attorneys’ fees, costs, and litigation expenses as permitted by

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statute;

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WHEREAS, a settlement was reached between Plaintiff and defendant FedEx Office

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and Print Services, Inc. (“FedEx”) and FedEx was dismissed from the action on October 6,

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2016 (Dkt. 15);

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WHEREAS, Plaintiff recently passed away, and counsel for Plaintiff filed a Statement
Noting Party’s Death on October 20, 2016 (Dkt. 18);

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WHEREAS, no personal representative has come forward yet on behalf of Plaintiff’s
estate;

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WHEREAS, once the representative of Plaintiff’s estate has been identified, counsel

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for Plaintiff anticipates filing a motion to substitute parties to name that individual as a plaintiff

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on behalf of Plaintiff’s estate;

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WHEREAS, the Parties wish to conserve their resources as well as those of the Court
pending the substitution into the case of a representative on behalf of Plaintiff’s estate;

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WHEREAS, pursuant to Fed. R. Civ. P. 25(a)(1), a motion for substitution must be

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made within 90 days of service of the statement noting Plaintiff’s death, or by January 17,

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2017;

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WHEREAS, pursuant to Fed. R. Civ. P. 25(a)(1), “[i]f the motion is not made within

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90 days after service of a statement noting the death, the action by or against the decedent must

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be dismissed.”

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NOW, THEREFORE, THE PARTIES HEREBY STIPULATE that this matter be

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stayed. Should a motion for substitution of parties not be filed in this action on or before

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January 17, 2017, the Parties shall file a stipulation for dismissal of the action on or before

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January 24, 2017.

STIPULATION TO STAY ACTION DUE TO DEATH OF PLAINTIFF; [PROPOSED] ORDER
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IT IS SO STIPULATED.
Dated: November 3, 2016

MOORE LAW FIRM, P.C.

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/s/ Zachary M. Best
Zachary M. Best
Attorneys for Plaintiff,
Arthur Owens

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Dated: November 2, 2016

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CALL & JENSEN
A Professional Corporation
/s/ Ryan M. McNamara
Ryan M. McNamara
Attorneys for Defendants,
Irwin Hoffman, as Trustee of the Irwin Hoffman
Irrevocable Trust Agreement dated 3/19/91, and as
Trustee of the Hoffman Trust dated 11/20/98; and
Terry Poders Hoffman, Trustee of the Hoffman
Trust dated 11/20/98

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ORDER

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The Parties having so stipulated and good cause appearing, IT IS HEREBY ORDERED

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as follows:

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1. This action is stayed.

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2. Plaintiff’s representative shall either file a Motion for Substitution of Parties in this

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action on or before January 17, 2017, or the parties shall file a stipulation for

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dismissal of the action on or before January 24, 2017.

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IT IS SO ORDERED.

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Dated:
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/s/ Barbara

November 4, 2016

A. McAuliffe

UNITED STATES MAGISTRATE JUDGE

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STIPULATION TO STAY ACTION DUE TO DEATH OF PLAINTIFF; [PROPOSED] ORDER
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