Cuadra v. George Brown Sports Club-Palm, Inc. et al

Filing 21

STIPULATION and ORDER GRANTING the parties' request for a continuance of the Initial Scheduling Conference currently set for 11/16/2017 and CONTINUING it to 3/7/2018 at 10:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. Order signed by Magistrate Judge Erica P. Grosjean on 11/13/2017. (Rooney, M)

4

STEVEN S. DIAS #251138
ROBIN M. HALL #256520
WILD, CARTER & TIPTON
246 West Shaw Avenue
Fresno, California 93704
Telephone: [phone]
Facsimile: [phone]
[e-mail]

5

Attorneys for Plaintiff, Mario Cuadra

1
2
3

6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

10
A Professional Corporation

246 WEST SHAW AVENUE
FRESNO, CA 93704

WILD, CARTER & TIPTON

9
MARIO CUADRA,

11
12
13
14
15
16
17
18

Plaintiff,
v.
GEORGE BROWN SPORTS CLUBPALM, INC., et al.,
Defendants.

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

Case No. 1:17-CV-01063 DAD EPG
STIPULATION AND ORDER
REGARDING CONTINUANCE OF
INITIAL SCHEDULING
CONFERENCE
Date: November 16, 2017
Time: 9:00 a.m.
Judge: Erica P. Grosjean

19
20
21
22

Plaintiff, MARIO CUADRA, and Defendants, JOHNSTON CONTRACTING, INC.
and GEORGE BROWN SPORTS CLUB PALM LLC and GEORGE BROWN SPORTS
CLUB, INC., by and through their attorneys of record, hereby stipulate as follows:

23
The parties have met and conferred as required by Federal Rules 16(b) and 26(f) and
24
have been working diligently toward preparing the Joint Mandatory Scheduling Report. The
25
parties that have already been identified hereby jointly request a ninety (90) day continuance of
26

the November 16, 2017, at 9:00 a.m. Initial Scheduling Conference based upon the following:

27
28
-1__________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER REGARDING CONTINUANCE OF INITIAL SCHEDULING CONFERENCE

1

1.

Defendant, JOHNSTON CONTRACTING, INC., by and through their

2

attorneys, filed a Third Party Complaint against WILLIAM McKEAND dba TEC SPEC;

3

WCM, INC. dba TEC SPEC, a California corporation and ROES 1 to 50, inclusive on October

4

20, 2017 (“Third Party Defendant”).

5
6
7
8

10
A Professional Corporation

246 WEST SHAW AVENUE
FRESNO, CA 93704

WILD, CARTER & TIPTON

9

11
12
13
14
15
16
17
18
19
20

2.

None of the Third Party Defendants have filed a responsive pleading to the Third

Party Complaint of JOHNSTON CONTRACTING, INC.
3.

On October 31, 2017, Third Party Defendant WILLIAM McKEAND dba TEC

SPEC was served with the Third Party Summons and Third Party Complaint.
4.

On October 25, 2017, Third Party Defendant, WCM, INC. dba TEC SPEC, a

California corporation was served with the Third Party Summon and Third Party Complaint.
5.

The Third Party Defendants recently served with the Third Party Summons and

Third Party Complaint will have 21 days from the date they were served to file their Answers.
The statute for the Third Party Defendant WILLIAM McKEAND dba TEC SPEC Answer will
not expire until after the Initial Scheduling Conference currently set for November 16, 2017, at
9:00 a.m., and Third Party Defendant, WCM, INC. dba TEC SPEC’s Answer is not due until
the day before the currently set Initial Scheduling Conference.
6.

Plaintiff has been in contact with defense counsel for GEORGE BROWN

SPORTS CLUB requesting information regarding the manufacturer of the L-shaped, hold-up
shower seat at issue. Plaintiff intends on amending the Complaint to include the manufacturer
of the seat.
7.

Plaintiff intends dismiss GEORGE BROWN SPORTS CLUB-PALM, INC. as

21
the proper name for this Defendant will need to be amended in the First Amended Complaint to
22
be GEORGE BROWN SPORTS CLUB PALM LLC.
23
24
25
26
27

THEREFORE, it is respectfully requested that the Initial Scheduling Conference
currently scheduled for November 16, 2017, at 9:00 a.m. be continued at least 90 days to allow
all Defendants to be properly named, served with the Amended Summons and Amended
Complaint and allowed time to file their respective Answers. This will allow all parties a

28
-2__________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER REGARDING CONTINUANCE OF INITIAL SCHEDULING CONFERENCE

1

chance to participate in the Initial Scheduling Conference once they are identified and joined in

2

this lawsuit.

3
4

This Stipulation may be executed in one or more counterparts, each of which shall be

5

deemed an original Stipulation, but all of which together shall constitute one and the same

6

instrument. This Stipulation may be executed via facsimile and the signatures thereon shall be

7

deemed original signatures.

8
Dated: November 9, 2017.

By: /S/ Steven S. Dias
STEVEN S. DIAS
Attorney for Plaintiff

10
A Professional Corporation

246 WEST SHAW AVENUE
FRESNO, CA 93704

WILD, CARTER & TIPTON

9

11
12

Dated: November 9, 2017.

By: /S/ Anthony N. DeMaria
ANTHONY N. DeMARIA
Attorney for Defendants, GEORGE
BROWN SPORTS CLUB PALM LLC,
et al.

Dated: November 9, 2017.

By: ___________________________________
T. PATRICK LONG or
WARREN B. CAMPBELL
Attorney for Defendant, JOHNSTON

13
14
15
16
17
18

CONTRACTING, INC.

19
20
21
22
23
24

Pursuant to the request of the parties, the Initial Scheduling Conference currently set
for November 16, 2017, is CONTINUED and will now be held on March 7, 2018, at 10:00
a.m. A joint scheduling report is due one full week prior to the conference.
IT IS SO ORDERED.

25
26
27

Dated:

November 13, 2017

/s/
UNITED STATES MAGISTRATE

JUDGE

28
-3__________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER REGARDING CONTINUANCE OF INITIAL SCHEDULING CONFERENCE

1
2
3
4
5
6
7
8

10
A Professional Corporation

246 WEST SHAW AVENUE
FRESNO, CA 93704

WILD, CARTER & TIPTON

9

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-4__________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER REGARDING CONTINUANCE OF INITIAL SCHEDULING CONFERENCE