Flores et al v. Mill Creek Management and Real Estate Sales, Inc. et al

Filing 29

ORDER RE 28 Stipulation to Elect Referral of Action to Voluntary Dispute Resolution Program Pursuant to Local Rule 271 signed by Magistrate Judge Sheila K. Oberto on 11/22/2024. (Flores, E)

1 LEWIS BRISBOIS BISGAARD & SMITH LLP
ALEXANDER J. HARWIN, SB# 225254
2
E-Mail: [e-mail]
633 West 5th Street, Suite 4000
3 Los Angeles, California 90071
Telephone: [phone]
4 Facsimile: 213.250.7900
5 LEWIS BRISBOIS BISGAARD & SMITH LLP
SHANE SINGH, SB# 202733
6
E-Mail: [e-mail]
GENNA PROMNICK-PAVLOV, SB# 320894
7
E-Mail: [e-mail]
2020 West El Camino Avenue, Suite 700
8 Sacramento, California 95833
Telephone: [phone]
9 Facsimile: 916.564.5444
10 Attorneys for Defendants,
MILL CREEK MANAGEMENT AND REAL
11 ESTATE SALES, INC. and NASH ROCK
SOLID, LLC
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13

UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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16 ELIAS FLORES, ALICE FLORES, and
CYNTHIA FLORES,
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Plaintiffs,
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vs.
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MILL CREEK MANAGEMENT AND
20 REAL ESTATE SALES, INC., and NASH
ROCK SOLID, LLC,
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Defendants.
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Case No. 1:24-cv-00073-KES-SKO
ORDER RE STIPULATION TO ELECT
REFERRAL OF ACTION TO
VOLUNTARY DISPUTE RESOLUTION
PROGRAM PURSUANT TO LOCAL
RULE 271
(Doc 28)

In light of the “Stipulation of the Parties to Elect Referral of Action to Voluntary Dispute

24 Resolution Program (VDRP) Pursuant to Local Rule 271” (Doc. 28), the parties are hereby referred
25 to the VDRP.
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Pursuant to Local Rule 271(i)(2), the parties also stipulated to a modification of the

27 Scheduling Order (Doc. 14) to stay depositions and continue the discovery and motion deadlines.

LEWIS
BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

28 (Id.) The stipulation indicates that “[t]he parties do not wish for [the dates for the Pre-Trial
149162774.1

1

ORDER RE STIPULATION TO ELECT REFERRAL OF ACTION TO VOLUNTARY DISPUTE RESOLUTION
PROGRAM PURSUANT TO LOCAL RULE 271

1 Conference and Trial] to be rescheduled.” (Id. at 2.) The parties are advised, however, that the Court
2 requires at least 16 weeks between the hearing on dispositive motions and the pretrial conference;
3 the stipulation, if granted, would only allow for 3 weeks (and 5 days).
Accordingly, the stipulation is GRANTED as to the parties’ request to referral to VDRP and

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5 DENIED without prejudice as to their proposed modification of the Scheduling Order (Doc. 28.)
6 The parties are ordered as follows:
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1.

This action is hereby referred to the VRDP;

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2.

The Parties must complete the VDRP session by January 31, 2025;

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3.

The Neutral must file the confirmation of the completion of the VDRP process by

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February 7, 2025; and

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4.

Any renewed stipulation seeking modification of the Scheduling Order (Doc. 14)

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shall allow for at least 16 weeks between the hearing on dispositive motions and the

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pretrial conference; at least 8 weeks between the pretrial conference and trial; and no

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more than 90 days before trial to schedule a settlement conference with the

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undersigned.

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IT IS SO ORDERED.
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18 Dated:

/s/ Sheila K. Oberto

November 22, 2024

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UNITED STATES MAGISTRATE JUDGE
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LEWIS
BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

28
149162774.1

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ORDER RE STIPULATION TO ELECT REFERRAL OF ACTION TO VOLUNTARY DISPUTE RESOLUTION
PROGRAM PURSUANT TO LOCAL RULE 271