Trujillo v. Styles For Less, Inc. et al

Filing 19

STIPULATION and ORDER GRANTING the parties' request for an extension of time to amend the pleadings, with the deadline to seek leave to amend now set for 3/30/2018. Order signed by Magistrate Judge Erica P. Grosjean on 1/16/2018. (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,
Jose Trujillo

6
7
8

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

9
10
11
12
13
14
15
16
17

)
)
)
Plaintiff,
)
)
vs.
)
STYLES FOR LESS, INC. dba STYLES FOR )
)
LESS, et al.,
)
)
)
Defendants.
)
)
)
JOSE TRUJILLO,

No. 1:17-cv-00786-LJO-EPG
STIPULATION TO AMEND
SCHEDULING ORDER; ORDER

18
19

Plaintiff, Jose Trujillo (“Plaintiff”), and Defendant, Garrison Tulare LLC (“Garrison,”

20

and together with Plaintiff, “the Parties”)1, together request that the Court amend the current

21

deadlines set by this Court’s Scheduling Order, dated September 19, 2017 (Dkt. 14)

22

(“Scheduling Order”) as follows:

23

WHEREAS, the Scheduling Order sets a deadline to request leave to amend the

24

pleadings of January 12, 2018, and prior to amending his complaint, Plaintiff must inspect the

25

subject property to identify whether any additional barriers to his access exist;

26
27
28

1

Defendant Styles for Less, Inc. has filed for bankruptcy and the matter is automatically stayed solely as to that
defendant (Dkt. 15). Styles for Less, Inc. and Garrison are referred to collectively herein as “Defendants.”

1

1

WHEREAS, Plaintiff properly noticed a site inspection which was to take place on

2

October 23, 2017, but Defendants had a scheduling conflict, and Styles for Less, Inc.

3

subsequently filed for bankruptcy, so the date was continued to January 15, 2018;

4
5
6
7

WHEREAS, the Parties have been engaging in settlement discussions and are
optimistic that a settlement will be reached in the near future;
WHEREAS, the Parties have agreed to a continuance of the site inspection to allow the
Parties to exhaust settlement efforts;

8

WHEREAS, the Parties have agreed to continue the deadline to amend the complaint

9

in order for Plaintiff’s consultant to conduct the inspection and prepare his findings, for

10

Plaintiff to review those findings and prepare his amended complaint, for Plaintiff to provide

11

the proposed amendment to Garrison so that it can consider stipulating to the amendment, and

12

for Plaintiff to prepare a motion for leave to amend if Garrison does not stipulate;

13

NOW, THEREFORE, THE PARTIES, THROUGH THEIR RESPECTIVE

14

COUNSEL, HEREBY STIPULATE AND AGREE to amend the Scheduling Order to

15

extend the deadline to request leave to amend the pleadings to March 30, 2018.

16
17

All other requirements set forth in the Scheduling Order relating to the above shall
remain unchanged, including the pre-trial and trial dates.

18
19

Dated: January 9, 2018

20

/s/ Zachary M. Best
Zachary M. Best
Attorneys for Plaintiff,
Jose Trujillo

21
22
23
24
25
26
27

MISSION LAW FIRM, A.P.C.

Dated: January 9, 2018

WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
/s/ Aaron Langberg
Aaron Langberg
Attorneys for Defendant
Garrison Tulare, LLC

28

2

1
ORDER

2
3

The Parties having so stipulated and good cause appearing,

4

IT IS HEREBY ORDERED that the Scheduling Order, dated September 19, 2017

5

(Dkt. 15), is amended to extend the deadline for the Parties to seek leave to amend the

6

pleadings to March 30, 2018.

7
8

All other requirements set forth in the Scheduling Order relating to the above shall
remain unchanged, including the pre-trial and trial dates.

9
10
11

IT IS SO ORDERED.
Dated:

January 16, 2018

/s/

12

UNITED STATES MAGISTRATE JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3