Sharon Gonzales v. Macy's West Stores, Inc.

Filing 38

STIPULATION and ORDER 37 to Continue Settlement Conference, Pretrial Conference and Jury Trial, signed by Magistrate Judge Jennifer L. Thurston on 12/11/2018. Settlement Conference continued to 6/3/2019 at 09:00 AM in Bakersfield, 510 19th Stree t before Magistrate Judge Jennifer L. Thurston. Pretrial Conference continued to 6/24/2019 at 03:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Jury Trial continued to 8/27/2019 at 08:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Hall, S)

1 LAW OFFICES OF CURTIS FLOYD
Curtis E. Floyd, State Bar No. 139243
2
curtis@curtisfloyd@.com
3 Mailing Address: P.O. Box 2107
Bakersfield, CA 93306
4
Physical Address: 903 “H” Street, Suite 200
5 Bakersfield, CA 93306
Telephone: [phone]
6
Facsimile: 310.477.1699
7
Attorneys for Plaintiff SHARON GONZALES
8
9 LITTLETON PARK JOYCE UGHETTA & KELLY LLP
Keith A. Sipprelle, Of Counsel, State Bar No. 143358
10
Kenneth A. Peterson, Of Counsel, State Bar No. 208101
11 [e-mail]
12 [e-mail]
2945 Townsgate Road, Suite 200
13 Westlake Village, CA 91361
14 Telephone: [phone]
Facsimile: 213.228.1980
15
Attorneys for Defendants MAC COSMETICS INC. and
16
ESTEE LAUDER INC.
17
18 Manning & Kass, Ellrod, Ramirez, Trester, LLP.
Jeffrey M. Lenkov, Esq., State Bar No. 156478
19 Lawrence D. Esten, Esq., State Bar No. 125541
th
20 801 S. Figueroa Street, 15 Floor
Los Angeles, CA 90017
21 Telephone: [phone]
22 Facsimile: 213.624.6999
23
24
25
26

Attorneys for Defendant, MACY’S WEST STORES, INC. [Doe 16, also
erroneously sued herein as Macy’s Corporate Services, Inc.]
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

27
28
Case No. 1:17-cv-00806-DAD-JLT
AMENDED STIPULATION TO SETTLEMENT CONFERENCE, PRETRIAL
CONFERENCE AND JURY TRIAL; PROPOSED ORDER

1 SHARON GONZALES, an individual,
Plaintiff,

2
3

vs.

4 MACY’S WEST STORES, INC.; MAC
COSMETICS INC.; ESTEE LAUDER
5 INC.; and Does 1 through 100,
inclusive,
6
Defendants.
7

Case No. 1:17-cv-00806-DAD-JLT
AMENDED STIPULATION TO
CONTINUE SETTLEMENT
CONFERENCE, PRETRIAL
CONFERENCE AND JURY TRIAL;
PROPOSED ORDER
(Doc. 37)

8
9
10

TO THE HONORABLE COURT:
This amended Stipulation replaces and supersedes the Stipulation submitted

11 by the parties on December 10, 2018.
12
IT IS HEREBY STIPULATED AND AGREED by and between the parties
13 that the Pretrial Conference, Settlement Conference, and Jury Trial currently
14 scheduled for February 25, 2019, March 1, 2019, and April 23, 2019, respectively,
15 be continued based upon the following Good Cause reasons:
16
Plaintiff SHARON GONZALES underwent a further surgical procedure on
17 October 25, 2018 to remove the helical nail component of the implant hardware,
18 which has protruded out of the lateral aspect of her hip bone. Ms. Gonzales is
19 scheduled for a post-surgical appointment on December 7, 2018, following which
20 she will undergo 4 – 6 weeks of post-surgical physical therapy. Following the
21 completion of Ms. Gonzales’ therapy, the medical records relating to her surgery
22 and therapy will need to be obtained, and the Defendants will need to re-depose Ms.
23 Gonzales regarding issues relating to her surgery and post-surgical physical therapy.
24 Following Ms. Gonzales’ deposition, the parties will participate in private mediation
25
26
27

before Janet Rubin Fields, Esq. no later than approximately April 29, 2019.
If this matter is not resolved at the mediation, the parties believe that they will
be ready to move forward with the Settlement Conference, Pretrial Conference, and

28
Case No. 1:17-cv-00806-DAD-JLT
2
AMENDED STIPULATION TO SETTLEMENT CONFERENCE, PRETRIAL
CONFERENCE AND JURY TRIAL; PROPOSED ORDER

1 Jury Trial by approximately the following dates:
2

Settlement Conference: May 31, 2019

3

Pretrial Conference: June 28, 2019

4

Jury Trial: August 26, 2019

5

ACCORDINGLY, IT IS HEREBY STIPULATED AND AGREED by and

6 between all parties that the Settlement Conference, Pretrial Conference and Jury
7 Trial be rescheduled to no earlier than May 31, 2019, June 28, 2019, and August 26,
8 2019, respectively.
9 DATED: December 11, 2018
LAW OFFICES OF CURTIS FLOYD

10
11
12

By: /s/ Curtis E. Floyd
Curtis E. Floyd
Attorneys for for Plaintiff SHARON
GONZALES

13
14
15
16
17

DATED: December 11, 2018

LITTLETON PARK JOYCE UGHETTA &
KELLY LLP

18
19
20
21
22

By: /s/ Keith A. Sipprelle
Keith A. Sipprelle
Attorneys for Defendants MAC
COSMETICS INC. and
ESTEE LAUDER INC.

23
24
25
26
27
28
Case No. 1:17-cv-00806-DAD-JLT
3
AMENDED STIPULATION TO SETTLEMENT CONFERENCE, PRETRIAL
CONFERENCE AND JURY TRIAL; PROPOSED ORDER

1 DATED: December 11, 2018
2

MANNING & KASS, ELLROD, RAMIREZ,
TRESTER, LLP.

3
4

By: /s/ Lawrence D. Esten, Esq.
Lawrence D. Esten, Esq.
Attorneys for Defendants MACY’S WEST
STORES, INC.

5
6
7
8
9
10

PROPOSED ORDER
Pursuant to the foregoing amended Stipulation of the parties and good cause appearing, the
Court orders that the Settlement Conference, Pretrial Conference and Jury Trial be rescheduled for

11
the following dates:

12
Settlement Conference

Date: June 3, 2019, 9:00 a.m.

14

Pretrial Conference

Date: June 24, 2019, 3:30 p.m.

15

Jury Trial

Date: August 27, 2019, 8:30 a.m.

13

16
17 IT IS SO ORDERED.
18
Dated: December 11, 2018
19

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

20
21
22
23
24
25
26
27
28
Case No. 1:17-cv-00806-DAD-JLT
4
AMENDED STIPULATION TO SETTLEMENT CONFERENCE, PRETRIAL
CONFERENCE AND JURY TRIAL; PROPOSED ORDER