Nautilus Insurance Company v. Gonzalez et al

Filing 14

STIPULATION and ORDER 13 Continuing Scheduling Conference, signed by Magistrate Judge Jennifer L. Thurston on 3/30/2021. Scheduling Conference CONTINUED to 6/25/2021 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Hall, S)

1 MUSICK, PEELER & GARRETT LLP
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624 South Grand Avenue, Suite 2000
Los Angeles, California 90017-3383
Telephone [phone]
Facsimile [phone]

4 Lynn A. O’Leary (State Bar No. 110365)

l.oleary@musickpeeler,com

5 Wayne B. Littlefield (State Bar No. 069132)

[e-mail]

6 Scott J. Street (State Bar No. 258962)

[e-mail]

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8 Attorneys for Plaintiff

NAUTILUS INSURANCE COMPANY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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13 NAUTILUS INSURANCE

CASE No. 1:20-cv-01675-NONE-JLT

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JOINT STIPULATION TO
CONTINUE MANDATORY
SCHEDULING CONFERENCE;
ORDER; [PROPOSED] ORDER

COMPANY, a corporation,

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Plaintiff,
vs.
ELVIA GONZALEZ; GERARDO L.,

(Doc. 13)

Defendants.

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MUSICK, PEELER
& GARRETT LLP

06659.002 1308784.1

Case No. 1:20-cv-01675-NONE-JLT
JOINT STIPULATION TO CONTINUE MANDATORY SCHEDULING CONFERENCE; ORDER

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Plaintiff Nautilus Insurance Company (“Plaintiff”) and Defendant Elvia

2 Gonzalez, by and through their counsel of record, respectfully submit this Joint
3 Stipulation to Continue the Mandatory Scheduling Conference currently set for
4 April 27, 2021.
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RECITALS
WHEREAS, Plaintiff filed the operative First Amended Complaint (“FAC”)

7 in this case on January 11, 2021 (Dkt. 5);
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WHEREAS, Defendants Elvia Gonzalez and Gerardo L. were both personally

9 served with the FAC on February 18;
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WHEREAS, on March 22, Plaintiff filed a Request to Clerk for Entry of

11 Default with respect to Gerardo L. (Dkt. 11) and a Clerk’s Certificate of Entry of
12 Default was entered on March 22, 2021 (Dkt. 12);
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WHEREAS, Defendant Gonzalez’s counsel requested an 28-day extension of

14 time to respond to the FAC, which Plaintiff agreed to, making Ms. Gonzalez’s
15 response due on April 7, 2021;
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WHEREAS, at the parties’ request, the Court continued the Mandatory

17 Scheduling Conference that was scheduled for February 23, 2021, to April 27, 2021;
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WHEREAS, counsel for Plaintiff and Ms. Gonzalez continue to negotiate to

19 reach a resolution of this case;
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WHEREAS, given Gerardo L.’s default and the ongoing negotiations between

21 Plaintiff and Ms. Gonzalez, there is good cause to continue the Mandatory
22 Scheduling Conference by another 60 days to potentially narrow the issues that need
23 to be discussed at the scheduling conference or resolve this case altogether; and
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WHEREAS, McLeod Law Group has been coverage counsel for Defendant

25 Gonzalez in a related action and to negotiate with Plaintiff but has not been
26 specifically retained to appear for Ms. Gonzalez in this action and thus it executes
27 the stipulation below purely in those capacities and not as counsel of record for Ms.
28 Gonzalez in this action.
MUSICK, PEELER
& GARRETT LLP

06659.002 1308784.1

Case No. 1:20-cv-01675-NONE-JLT
JOINT STIPULATION TO CONTINUE MANDATORY SCHEDULING CONFERENCE; ORDER

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STIPULATION

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Based on the recitals above, the parties stipulate and agree that the Mandatory

3 Scheduling Conference currently set for April 27, 2021, should be continued by at
4 least 60 days and they jointly ask the Court to issue an order rescheduling the
5 scheduling conference for a date and time that is convenient for the Court.
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IT IS SO STIPULATED AND AGREED.

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8 DATED: March 30, 2021

MUSICK, PEELER & GARRETT LLP

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By:

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DATED: March 30, 2021

/s/ Scott J. Street
Scott J. Street
Attorneys for Plaintiff
NAUTILUS INSURANCE COMPANY

MCLEOD LAW GROUP

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By:

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/s/ John J. McLeod
John J. McLeod
Attorneys for Defendant
ELVIA GONZALEZ

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MUSICK, PEELER
& GARRETT LLP

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Case No. 1:20-cv-01675-NONE-JLT
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JOINT STIPULATION TO CONTINUE MANDATORY SCHEDULING CONFERENCE; ORDER

ORDER

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Having reviewed the foregoing Stipulation, and good cause appearing, the

3 Court hereby orders that the Mandatory Scheduling Conference shall be continued
4 from April 27, 2021, to June 25, 2021, at 8:30 a.m. before U.S. Magistrate Judge
5 Jennifer L. Thurston.
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The Court does not anticipate that it will again continue the scheduling

7 conference.
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9 IT IS SO ORDERED.
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Dated:

March 30, 2021

_ /s/ Jennifer L. Thurston
CHIEF UNITED STATES MAGISTRATE JUDGE

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MUSICK, PEELER
& GARRETT LLP

06659.002 1308784.1

Case No. 1:20-cv-01675-NONE-JLT
JOINT STIPULATION TO CONTINUE MANDATORY SCHEDULING CONFERENCE; ORDER