Barrios v. American Property Management, Inc.

Filing 18

JOINT STIPULATION to vacate dates in existing Scheduling Order 13 and re-issue updated Scheduling Order after completion of resolution efforts; ORDER signed by District Judge Anthony W. Ishii on 10/9/2018. (Lundstrom, T)

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LAW OFFICE OF THOMAS P. HOGAN
Thomas P. Hogan, Esq. (SBN 95055)
[e-mail]
Shawnte Priest, Esq. (SBN 298460)
[e-mail]
1207 13th Street, Suite 1
Modesto, CA 95354
Telephone: [phone]
Facsimile: [phone]
SHIMODA LAW CORP.
Galen T. Shimoda (SBN 226752)
[e-mail]
Erika R. C. Sembrano (SBN 306635)
[e-mail]
9401 East Stockton Blvd., Ste 200
Elk Grove, California 95624
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
JESSICA BARRIOS

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LEWIS BRISBOIS BISGAARD & SMITH LLP
Derek S. Sachs (SBN 253990)
[e-mail]
Ashley N. Arnett (SBN 305162)
[e-mail]
2020 West El Camino Avenue, Suite 700
Sacramento, CA 95833
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
AMERICAN PROPERTY MANAGEMENT, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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Case No. 1:18-cv-00352-AWI-SKO
JESSICA BARRIOS,

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Plaintiff,
vs.
AMERICAN PROPERTYMANAGEMENT,
INC. and DOES 1 through 10 inclusive,

JOINT STIPULATION TO VACATE
DATES IN EXISTING SCHEDULING
ORDER AND RE-ISSUE UPDATED
SCHEDULING ORDER AFTER
COMPLETION OF RESOLUTION
EFFORTS; ORDER
Complaint Filed: February 9, 2018
Removal Filed: March 12, 2018

Defendants.

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JOINT STIP TO VACATE DATES IN SCHEDULING ORDER
& RE-ISSUE AFTER RESOLUTION EFFORTS; [PPSD ORDER]

CASE NO. 1:18-CV-00352-AWI-SKO

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WHEREAS, this Stipulation is made and entered into by Defendant AMERICAN PROPERTY

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MANAGEMENT, INC. (“Defendant”) and Plaintiff JESSICA BARRIOS (“Plaintiff”) (collectively the

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“Parties”);
WHEREAS, the Court filed its Scheduling Order (ECF No. 13) (“Scheduling Order”) on July 5,

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2018;

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WHEREAS, the Parties have met and conferred regarding the merits of this matter and mutually

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desire to explore early resolution of this action and avoid unnecessary expenditure of time and fees on

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formal litigation;

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WHEREAS, while the Parties have agreed to attend a private mediation with agreed-upon

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mediator Lisa Klerman, the Parties are currently engaging in discussions pertaining to said mediation,

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including discussing a demand to be sent to Defendant prior to mediation, and will need another ninety

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(90) days to finalize the demand and confirm a mediation date with Ms. Klerman;

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WHEREAS, the Parties have, in good faith, have informally exchanged information and

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documents in anticipation of mediation and will continue to exchange further information and

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documents as necessary prior to mediation;

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THEREFORE, good cause exists for this stipulation and order to vacate the dates in the

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Scheduling Order and to re-issue an updated Scheduling Order if resolution efforts towards and/or at

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mediation are unsuccessful, so that the Parties may explore potential settlement prior to incurring further

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litigation fees and costs;

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WHEREFORE, the Parties hereby jointly stipulate and request an order as follows:

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The dates and deadlines enumerated in the existing Scheduling Order are vacated, and the Parties

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shall report to the Court after ninety (90) days regarding the status of the Parties’ resolution discussions

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and whether the Parties have set a mediation date. If the Parties have not yet set a mediation date by this

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time, the Court will reissue an updated Scheduling Order.

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JOINT STIP TO VACATE DATES IN SCHEDULING ORDER
& RE-ISSUE AFTER RESOLUTION EFFORTS; [PPSD ORDER]

CASE NO. 1:18-CV-00352-AWI-SKO

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IT IS SO STIPULATED.

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Dated: October 8, 2018

LAW OFFICE OF THOMAS P. HOGAN

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By: __/s/ Shawnté Priest (as authorized on 10.8.18)
Thomas P. Hogan
Shawnte Priest
Attorneys for Plaintiff

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Dated: October 8, 21018

SHIMODA LAW CORP.

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By: _/s/ Erika R. C. Sembrano ________________
Galen T. Shimoda
Erika R. C. Sembrano
Attorneys for Plaintiff

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Dated: October 8, 2018

LEWIS BRISBOIS BISGAARD & SMITH LLP

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By:

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/s/ Derek S. Sachs (as authorized on 10.8.18)
Derek S. Sachs
Ashley N. Arnett
Attorneys for Defendant

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JOINT STIP TO VACATE DATES IN SCHEDULING ORDER
& RE-ISSUE AFTER RESOLUTION EFFORTS; [PPSD ORDER]

CASE NO. 1:18-CV-00352-AWI-SKO

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ORDER
FOR GOOD CAUSE SHOWN AND IN ORDER TO PROMOTE SETTLEMENT EFFORTS,
IT IS HEREBY ORDERED AS FOLLOWS:
The terms of the above Stipulation are hereby approved and adopted. The dates and deadlines

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enumerated in the existing Scheduling Order are vacated pending the Parties’ participation in resolution

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efforts. The Parties are ordered to report to the Court the result of these resolution efforts and the

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confirmation of a mediation date, if any, no later SEVEN (7) DAYS following the setting of a mediation

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date AND no later than SEVEN (7) days following the mediation.

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If, after further negotiations, the parties decide not to pursue mediation, the parties shall file with

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the Magistrate Judge a request for a new scheduling order, within SEVEN (7) DAYS of the decision not

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to mediate.

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IT IS SO ORDERED.
Dated: October 9, 2018
SENIOR DISTRICT JUDGE

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JOINT STIP TO VACATE DATES IN SCHEDULING ORDER
& RE-ISSUE AFTER RESOLUTION EFFORTS; [PPSD ORDER]

CASE NO. 1:18-CV-00352-AWI-SKO

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