Bryant v. The Habit Restaurants, LLC et al

Filing 13

STIPULATION and ORDER GRANTING the parties' request for an extension of time to 4/25/2017 for receipt of defendant Fresno 40 Limited Partnership, LP's responsive pleading. The Court further continues the Initial Scheduling Conference curre ntly set for 4/25/2017 to 5/10/2017 at 09:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. The Court grants telephonic appearances, with each party wishing to so appear directed to use the following dial-in number and passcode : 1-888-251-2909; passcode 1024453. The parties are also reminded to file a joint status report one full week prior to the conference and email a copy of same, in Word format, to [e-mail], for the Judge's review. Order signed by Magistrate Judge Erica P. Grosjean on 4/18/2017. (Rooney, M)

1
2
3
4
5

Zachary M. Best, SBN 166035
MISSION LAW FIRM, A.P.C.
332 North Second Street
San Jose, California 95112
Telephone [phone]
Facsimile [phone]
Email: [e-mail]
Attorneys for Plaintiff
Rachel Bryant

6
7
UNITED STATES DISTRICT COURT
8

EASTERN DISTRICT OF CALIFORNIA

9
10

RACHEL BRYANT,

11
Plaintiff,

12
13
14

vs.
THE HABIT RESTAURANTS, LLC dba
THE HABIT BURGER GRILL, et al.,

15

Defendants.

16
17

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

No. 1:17-cv-00099-AWI-EPG
STIPULATION FOR CONTINUANCE OF
MANDATORY SCHEDULING
CONFERENCE AND FOR FURTHER
EXTENSION OF TIME FOR
DEFENDANT FRESNO 40 LIMITED
PARTNERSHIP, LP TO RESPOND TO
COMPLAINT; ORDER

18
19

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

20

25, 2017, pursuant to the Court’s Order Setting Mandatory Scheduling Conference dated

21

January 23, 2017 (Dkt. 3);

22

WHEREAS, Plaintiff, Rachel Bryant (“Plaintiff”), and Defendant, and Fresno 40

23

Limited Partnership, LP (“Fresno 40”), previously stipulated to an extension of time for Fresno

24

40’s responsive pleading such that the responsive pleading was due on April 11, 2017 (Dkt. 10

25

and 11);

26

WHEREAS, counsel for Fresno 40 is presently on vacation and is unable to file the

27

responsive pleading, and is unavailable to participate in the preparation of the joint scheduling

28

report which is due on April 18, 2017;
STIPULATION FOR CONTINUANCE OF MANDATORY SCHEDULING CONFERENCE;
[PROPOSED] ORDER

Page 1

1

NOW, THEREFORE, Plaintiff and Fresno 40, together with Defendant The Habit

2

Restaurants, LLC dba The Habit Burger Grill (collectively “the Parties”), by and through their

3

respective counsel, stipulate to a continuance of the Mandatory Scheduling Conference

4

currently set for April 25, 2017 to a date at the Court’s convenience on or after May 9, 2017.

5

The Parties additionally stipulate to a further extension of time for Fresno 40’s responsive

6

pleading such that it is now due on or before April 25, 2017.

7
8

Dated: April 13, 2017

MISSION LAW FIRM, A.P.C.
/s/ Zachary M. Best
Zachary M. Best
Attorneys for Plaintiff,
Rachel Bryant

9
10
11
12

Date: April 13, 2017

LAW OFFICES OF NICK ZINKIN

13
/s/ Nick Zinkin
Nick Zinkin
Attorneys for Defendant,
Fresno 40 Limited Partnership, LP

14
15
16
17

Date: April 18, 2017

FISHER & PHILLIPS LLP

18

/s/ Alexa Greenbaum
Alexa Greenbaum
Alden J. Parker
Attorneys for Defendant,
The Habit Restaurants, LLC
dba The Habit Burger Grill

19
20
21
22
23
24
25
26
27
28

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

Page 2

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

April 25, 2017 is continued to May 10, 2017 at 9:30 am, before Magistrate Judge Erica P.

5

Grosjean. The parties are to file their Joint Scheduling Report no later than seven days prior to

6

the conference. Defendant Fresno 40 Limited Partnership, LP shall file its responsive pleading

7

by April 25, 2017.

8
9

IT IS SO ORDERED.

10
Dated:
11

April 18, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION FOR CONTINUANCE OF MANDATORY SCHEDULING CONFERENCE;
[PROPOSED] ORDER

Page 3