Acosta v. Fast N Esy II, Inc. et al

Filing 20

STIPULATION and ORDER to continue Scheduling Conference to 1/24/2017 at 09:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. The parties shall file a joint scheduling report no later then seven days prior to the conference. Signed by Magistrate Judge Stanley A. Boone on 11/30/2016. (Hernandez, M)

1
2
3
4

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]

5
6

Attorneys for Plaintiff
Jose Acosta

7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
12

JOSE ACOSTA,
Plaintiff,

13
14
15
16
17
18
19
20

vs.
FAST N ESY II, INC., et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)

No. 1:16-cv-01150-LJO-SAB
STIPULATION FOR FURTHER
CONTINUANCE OF MANDATORY
SCHEDULING CONFERENCE; ORDER

WHEREAS, a Mandatory Scheduling Conference in this action is currently set for
December 14, 2016, pursuant to the Court’s Order dated October 18, 2016 (Dkt. 10);

21

WHEREAS, Defendants, Fast N Esy II, Inc. dba Fast N Esy #21, Vinay Vohra, and

22

Vikram Vohra (“Defendants,” and together with Plaintiff Jose Acosta, “the Parties”), have filed

23

a Motion to Dismiss Complaint for Lack of Subject Matter Jurisdiction (Dkt. 16; the “Second

24

Motion”), which is set for hearing on December 29, 2016;

25
26

WHEREAS, the Parties are, concurrently with this stipulation, filing a stipulation to
continue the hearing on the Second Motion to January 5, 2017;

27

WHEREAS, the Court previously continued the Scheduling Conference to the current

28

date pursuant to the Parties stipulation, pending the resolution of Defendants’ First Motion to

1

Dismiss and/or to Strike and/or for a More Definite Statement, which was heard on November

2

7, 2016 and which was denied (Dkt. 15);

3

WHEREAS, the Parties wish to conserve Court resources which might be expended

4

unnecessarily if the Scheduling Conference were to be held prior to Defendants’ Second Motion

5

in the event Plaintiff’s claims are dismissed or amended as a result of the Second Motion;

6

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

7

further continuance of the Mandatory Scheduling Conference currently set for December 14,

8

2016 to a date at the Court’s convenience on or after January 30, 2017, to allow time for

9

Defendants’ motion to be heard and ruled upon by the Court.

10
11

Dated: November 30, 2016

MOORE LAW FIRM, P.C.

12
/s/ Zachary M. Best
Zachary M. Best
Attorneys for Plaintiff,
Jose Acosta

13
14
15
16
17

Dated: November 30, 2016

THORNTON DAVIDSON, P.C.

18
19
20
21
22
23
24
25
26
27
28

/s/ Thornton Davidson
Thornton Davidson
Attorney for Defendants,
Fast N Esy II, Inc. dba Fast N Esy #21,
Vinay Vohra, and Vikram Vohra

ORDER

1
2

The parties having so stipulated and good cause appearing,

3

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

4

December 13, 2016 is continued to January 24, 2017 at 9:30 a.m. before Magistrate Judge

5

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

6

prior to the conference.

7
8

IT IS SO ORDERED.

9
Dated:
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

November 30, 2016
UNITED STATES MAGISTRATE JUDGE