Xie v. Turner Designs Hydro Carbon Instruments, Inc. et al

Filing 38

STIPULATION and ORDER to CONTINUE Mandatory Scheduling Conference. The Scheduling Conference currently set for 8/22/2017, is VACATED and RESET for 10/31/2017, at 10:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The parties are to file their Joint Scheduling Report no later than seven days prior to the Conference. Order signed by Magistrate Judge Sheila K. Oberto on 8/3/2017. (Timken, A)

1 McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
2 Christopher S. Hall, #203901
Devon R. McTeer, #230539
3 7647 North Fresno Street
Fresno, California 93720
4 Telephone:
[phone]
Facsimile:
[phone]
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Attorneys for Defendants TURNER DESIGNS
6 HYDRO CARBON INSTRUMENTS, INC.,
BENCHMARK INSTRUMENTATION &
7 ANALYTICAL SERVICES, INC., GRANT
SHANNON, STEVEN MCDOUGALL AND
8 TODD MARTENS
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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12 AGNES XIE,
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Case No. 1:17-CV-00284-LJO-SKO
Plaintiff,

v.

15 TURNER DESIGNS HYDRO CARBON
INSTRUMENTS, INC.; GARY BARTMAN;
16 MARK FLETCHER; BENCHMARK
INSTRUMENTATION & ANALYTICAL
17 SERVICES, INC.; GRANT SHANNON;
TODD MARTENS; and STEVEN
18 MCDOUGALL,
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STIPULATION TO CONTINUE
MANDATORY SCHEDULING
CONFERENCE AND ORDER THEREON
(Doc. 29)

Defendants.

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Plaintiff AGNES XIE (“Plaintiff), Defendants TURNER DESIGNS HYDRO CARBON

22 INSTRUMENTS, INC., BENCHMARK INSTRUMENTATION & ANALYTICAL SERVICES,
23 INC., GRANT SHANNON, STEVEN MCDOUGALL and TODD MARTENS (collectively referred
24 to herein as “Turner”) by and through their counsel, Christopher S. Hall and Devon R. McTeer of
25 McCormick, Barstow, Sheppard, Wayte & Carruth LLP and Defendants GARY BARTMAN and
26 MARK FLETCHER (collectively referred to herein as “Bartman”) by and through their counsel,
27 Donald R. Fischbach of Dowling Aaron Incorporated hereby stipulate as follow:
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1.

There is a Mandatory Scheduling Conference scheduled for August 22, 2017 at 10:15

MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

STIPULATION TO CONTINUE MANDATORY SCHEDULING CONFERENCE AND ORDER THEREON

1 a.m. in Courtroom 7.
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2.

The Court granted Plaintiff’s Motion for a Continuance of Time to respond to Turner’s

3 Motion to Dismiss and Bartman’s Motion to Dismiss. Plaintiff has until August 2, 2017 to file
4 oppositions to the Motions to Dismiss and Defendants have until August 16, 2017 to file replies. The
5 hearing on the Motions to Dismiss have been vacated as the Motions will be taken under submission.
6 The Joint Scheduling Report is due on August 15, 2017.
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2.

The parties stipulate that good cause exists for this Stipulation to Continue the

8 Mandatory Scheduling Conference as the parties Joint Scheduling Report is due before Defendants’
9 replies are due to the Motions to Dismiss. It is the parties’ desire to conserve attorney’s fees which
10 would be incurred in filing the Joint Scheduling Report and to conserve Court resources. The parties
11 hereby stipulate to continue the Mandatory Scheduling Conference for 60 days to allow for briefing
12 and the ruling on the Motions to Dismiss. As such, the continuance is amenable to all involved.
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IT IS SO STIPULATED AND AGREED:

14 Dated: July 25, 2017

McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

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/s/ Devon R. McTeer
Christopher S. Hall
Devon R. McTeer
Attorneys for Defendants TURNER DESIGNS
HYDRO CARBON INSTRUMENTS, INC.,
BENCHMARK INSTRUMENTATION &
ANALYTICAL SERVICES, INC., GRANT
SHANNON, STEVEN MCDOUGALL AND
TODD MARTENS

By:

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Dated: July 29, 2017
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By:

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

/s/ Agnes Xie
AGNES XIE, Plaintiff
(original signature retained by attorney
Devon McTeer)

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STIPULATION TO CONTINUE MANDATORY SCHEDULING CONFERENCE AND ORDER THEREON

1 Dated: July 28, 2017

DOWLING AARON INCORPORATED

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(as authorized on 7/28/17)
/s/ Sydney A. Smith
By:
Donald R. Fischbach
Sydney A. Smith
Attorneys for Defendants GARY BARTMAN and
MARK FLETCHER

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ORDER

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Based on the parties above-stipulation (Doc. 29) and good cause appearing,

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IT IS HEREBY ORDERED that the Scheduling Conference scheduled for August 22, 2017, is

11 VACATED and RESET for October 31, 2017, at 10:30 A.M. in Courtroom 7 (SKO) before
12 Magistrate Judge Sheila K. Oberto. The parties are to file their Joint Scheduling Report no later than
13 seven days prior to the Conference.
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IT IS SO ORDERED.

16 Dated:
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August 3, 2017

/s/

Sheila K. Oberto

.

UNITED STATES MAGISTRATE JUDGE

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

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STIPULATION TO CONTINUE MANDATORY SCHEDULING CONFERENCE AND ORDER THEREON