Doctors Medical Center of Modesto, Inc. v. Gardner Trucking, Inc.

Filing 7

Stipulation and Order re: continuance of scheduling conference and deadline to file joint scheduling report, signed by Magistrate Judge Stanley A. Boone on 1/4/2017. (Scheduling Conference currently set for 1/12/2017 has been CONTINUED to 3/3/2017 at 09:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone) A Joint Scheduling Report is due one week before the new conference date. (Rosales, O)

HELTON LAW GROUP

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A PROFESSIONAL CORPORATION

CARRIE McLAIN (State Bar No. 181674)
[e-mail]
KIM WOROBEC (State Bar No. 220035)
[e-mail]
SARA A. POPOVICH (State Bar No. 306700)
[e-mail]
ATTORNEYS AT LAW
7711 Center Ave., Suite 350
Huntington Beach, CA 92647
TELEPHONE: [phone]
FACSIMILE: [phone]
ATTORNEYS FOR PLAINTIFF

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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DOCTORS MEDICAL CENTER
OF MODESTO, INC.,

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Plaintiff,

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Case No: 1:16-CV-01674 DAD-SAB
STIPULATION AND ORDER RE:
CONTINUANCE OF SCHEDULING
CONFERENCE AND DEADLINE TO
FILE JOINT SCHEDULING
REPORT

vs.
GARDNER TRUCKING, INC., a
California Corporation; and DOES 1
through 25, inclusive,
Defendants.

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TO THE COURT, ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF

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RECORD:

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IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff,

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DOCTORS MEDICAL CENTER OF MODESTO, INC., and Defendant GARDNER

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TRUCKING, INC. as follows:

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///

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///
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RECITALS

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1.

WHEREAS, on September 20, 2016, Plaintiff filed its Complaint in the

above-referenced matter in Stanislaus County Superior Court;
2.

WHEREAS, on November 3, 2016, Defendant filed a Notice of Removal

with the United States District Court, Eastern District of California;
3.

WHEREAS, on November 4, 2016, the Court issued an Order Setting

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Mandatory Scheduling Conference for January 10, 2017, which requires a Joint

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Scheduling Report to be filed one (1) week prior to the Scheduling Conference;

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4.

WHEREAS, on December 16, 2016, the parties held the F.R.C.P. 26(f)

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conference and, at such meeting, Plaintiff expressed its intent to file a Motion to

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Remand;

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5.

WHEREAS, the parties believe the Scheduling Conference and deadline

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for submission of the Fed. R. Civ. P. 26(f) Joint Report should be continued pending

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the outcome of the Plaintiff’s Motion to Remand;

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6.

WHEREAS, on December 20, 2016, Plaintiff’s lead trial counsel Kim

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Worobec learned of the recent death of an immediate family member and, the

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circumstances have impacted the parties’ ability to prepare the Fed. R. Civ. P. 26(f)

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Joint Report;

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7.

WHEREAS, by Minute Order entered December 21, 2016, the Magistrate

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Judge Stanley A. Boone continued the Scheduling Conference from January 10, 2017

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to January 12, 2017 at 9:30 a.m., and required a Joint Scheduling Report to be filed one

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(1) week prior to the Scheduling Conference;

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8.

WHEREAS, Plaintiff plans to file its Motion to Remand for hearing on

February 7, 2017.
STIPULATION
NOW THEREFORE, in light of said Recitals, it is hereby stipulated by and
between Doctors Medical Center of Modesto, Inc. and Gardner Trucking, Inc. that:

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1.

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The Scheduling Conference is continued from January 12, 2017 to March

3, 2017 at 9:30 a.m. in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone;
2.

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A Joint Scheduling Report is due one week before the new

conference date.

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DATED: January 3, 2017

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By:

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DATED: January 3, 2017

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hereby orders:
1.

The Scheduling Conference is continued from January 12, 2017 to March

3, 2017 at 9:30 a.m. in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone;

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LEWIS BRISBOIS BISGAARD & SMITH LLP
/s/ Timothy J. Nally
By:
as authorized on 1/3/17
GREG L. JOHNSON
TIMOTHY J. NALLY
Attorneys for Defendant
GARDNER TRUCKING, INC.

Pursuant to the Stipulation of the Parties and for good cause appearing, the Court

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/s/ Kim Worobec
CARRIE McLAIN
KIM WOROBEC
SARA A. POPOVICH
Attorneys for Plaintiff
DOCTORS HOSPITAL OF MANTECA,
INC.

ORDER

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HELTON LAW GROUP, APC

2.

A Joint Scheduling Report is due one week before the new conference

date.

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IT IS SO ORDERED.
Dated:

January 4, 2017
UNITED STATES MAGISTRATE JUDGE

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