Trujillo v. Cisneros et al

Filing 16

STIPULATION and ORDER for Continuance of Mandatory Scheduling Conference signed by Magistrate Judge Barbara A. McAuliffe on 01/18/2023. Scheduling Conference set for 4/6/2023 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe.(Flores, E)

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Tanya E. Moore, SBN 206683
MOORE LAW FIRM, P.C.
300 South First Street, Suite 342
San Jose, California 95113
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorney for Plaintiff,
Jose Trujillo

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JOSE TRUJILLO,

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Plaintiff,
vs.
BALDOMERO V. CISNEROS dba QUE
PASA MEXICAN CAFE, et al.;

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Defendants.

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No. 1:22-cv-00983-BAM
STIPULATION FOR CONTINUANCE
OF MANDATORY SCHEDULING
CONFERENCE; [PROPOSED] ORDER

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WHEREAS, a Mandatory Scheduling Conference in this matter is currently scheduled

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for January 23, 2023, having been continued once previously from November 10, 2022 by the

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Court to allow the parties time to complete the site inspection and engage in settlement

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discussions;

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WHEREAS, as discussed at the November 10, 2022 Mandatory Scheduling Conference,

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Plaintiff Jose Trujillo (“Plaintiff”) and Defendants Baldomero V. Cisneros dba Que Pasa

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Mexican Café and Heiskell Ranches, L.P. (“Defendants,” and together with Plaintiff, “the

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Parties”), the parties to this action, have been engaged in settlement discussions, whereby

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Plaintiff had duly noticed an inspection of the property that is the subject of this Americans with
STIPULATION FOR CONTINUANCE OF MANDATORY SCHEDULING CONFERENCE;
[PROPOSED] ORDER
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Disabilities Act Title III action, which inspection was scheduled to take place on December 9,

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2022;

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WHEREAS, Plaintiff’s inspection of the subject property was subsequently continued

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from December 9, 2022 to February 8, 2023 on the request of Defendant Baldomero V. Cisneros

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dba Que Pasa Mexican Café due to an unforeseen emergency;

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WHEREAS, in furtherance of settlement discussions the Parties have agreed that

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following Plaintiff’s inspection on February 8, 2023 and upon receipt of Plaintiff’s consultant’s

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findings, he will provide a proposed settlement agreement to Defendants which will identify all

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injunctive relief he is seeking;

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WHEREAS, the Parties will thereafter continue to engage in good faith settlement

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discussions for the purpose of resolving Plaintiff’s claims and are optimistic that this matter can

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be resolved amicably; and

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WHEREAS, in the meantime the Parties wish to conserve the Court’s time and
resources, as well as the Parties’ resources in order to promote settlement;

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NOW, THEREFORE, the Parties stipulate and jointly request that the Mandatory

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Scheduling Conference currently scheduled for January 23, 2023 be continued to a date on or

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after March 23, 2023 at the Court’s convenience.

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IT IS SO STIPULATED.

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Dated: January 16, 2023

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MOORE LAW FIRM, P.C.
/s/ Tanya E. Moore
Tanya E. Moore
Attorney for Plaintiff,
Jose Trujillo

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Dated: January 17, 2023

CLIFFORD & BROWN
/s/ William A. Bruce
William A. Bruce
Attorneys for Defendant,
Baldomero V. Cisneros dba Que Pasa Mexican Cafe

STIPULATION FOR CONTINUANCE OF MANDATORY SCHEDULING CONFERENCE;
[PROPOSED] ORDER
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Dated: January 16, 2023

McCORMICK, KABOT & LEW APC.

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/s/ Chad M. Lew
Chad M. Lew
Attorneys for Defendant,
Heiskell Ranches, L.P.

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ORDER

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The parties having so stipulated and good cause appearing,

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IT IS HEREBY ORDERED that the Mandatory Scheduling Conference currently set for

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January 23, 2023 is continued to April 6, 2023 at 9:30 AM in Courtroom 8 (BAM) before

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Magistrate Judge Barbara A. McAuliffe. The parties are to file their updated Joint Scheduling

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Report including an update on settlement efforts no later than seven days prior to the Mandatory

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Scheduling Conference.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

January 18, 2023

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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STIPULATION FOR CONTINUANCE OF MANDATORY SCHEDULING CONFERENCE;
[PROPOSED] ORDER
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