Chapman v. Pier 1 Imports US, et al

Filing 209

JOINT STIPULATION and ORDER 206 to amend Scheduling Order signed by Judge Lawrence K. Karlton on 6/6/2012. Final Pretrial Conference is CONTINUED 9/4/2012 at 1:30 PM in Courtroom 4 (LKK). Any pary may rely on its Pretrial Statement, if any, file in reliance on the PTO or it mushc file an entirely new Statement in accordance with the Local Rules. Jury Trial is RE-SCHEDULED for 12/4/2012 at 10:30 AM in Courtroom 4 (LKK). (Marciel, M)

1
2
3
4
5

Lynn Hubbard III SBN 69773
Scottlynn J Hubbard IV, SBN 212970
Khushpreet R. Mehton, SBN 276827
DISABLED ADVOCACY GROUP, APLC
12 Williamsburg Lane
Chico, CA 95926
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff Byron Chapman

6
7
8
9
10
11
12

Roland Juarez, SBN 160793
Christiane A. Roussell, SBN 249847
Hunton & Williams LLP
550 South Hope Street, Suite 2000
Los Angeles, CA 90071-2627
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant Pier 1 Imports (U.S.)
Inc. dba Pier 1 Imports #1132

13

United States District Court

14

For The Eastern District of California

15
16
17
18
19
20
21
22
23

Byron Chapman
Plaintiff,
vs.
Pier 1 Imports (U.S.), Inc.;
et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)
)

No. 2:04-cv-01339-LKK-DAD
Joint Stipulation to Amend the
Scheduling Order to Continue the
Final Pretrial Conference, Pretrial
Statement, and All Accompanying
Upcoming Pretrial Deadlines; and
Order

24
25

Plaintiff Byron Chapman (“Chapman”) and Defendant Pier 1 Imports

26

(U.S.) Inc., dba Pier 1 Imports #1132 (“Pier 1”) (collectively “the Parties”)

27

enter into the following stipulation:

28
Chapman v. Pier 1 Imports US; et al.,
Case No. 2:04-cv-01339-LKK-DAD
Joint Stipulation to Amend the Scheduling Order to Continue the Final Pretrial Conference, Pretrial
Statement, and All Accompanying Deadlines; [Proposed] Order

-1-

1
2
3
4

WHEREAS, on July 18, 2011, the Status (Pretrial Scheduling) Order set
the jury trial for September 11, 2012, at 10:30 a.m.. (See Docket No. 166).
WHEREAS, the Status (Pretrial Scheduling) Order set the Final Pretrial
Conference for June 11, 2012, at 2:00 p.m. (See Docket No. 166).

5

WHEREAS, the Status (Pretrial Scheduling) Order required that the

6

parties confer and file, Separate Pretrial Statement with a Joint Statement in

7

regards to the undisputed facts and disputed factual issues which remain in this

8

case, no later than May 28, 2012. (See Docket No. 166).

9
10
11
12

WHEREAS, Defendant Pier 1 filed its motion for summary judgment
on January 30, 2012. (See Docket No. 181).
WHEREAS, Plaintiff filed his own motion for summary judgment
February 10, 2012. (See Docket No. 186).

13

WHEREAS, oral argument for Plaintiff’s and Defendant’s respective

14

motions for summary judgment was heard by the Court on March 12, 2012.

15

(See Docket No. 204)

16

WHEREAS, following oral argument for Plaintiff’s and Defendant’s

17

respective motions for summary judgment, the Court’s Minute Order from

18

March 12, 2012 reflects that the matters have been taken under submission

19

to the Court, with an Order to follow. (See Docket No. 204).

20

WHEREAS, Plaintiff and Defendant currently have pending motions

21

for summary judgment and the Parties believe that it would be a waste of the

22

Parties’ and Court’s time and resources to engage in pretrial preparation

23

when the case may be resolved by the pending dispositive motions. (See

24

Docket Nos. 181, 186, & 204).

25
26
27
28
Chapman v. Pier 1 Imports US; et al.,
Case No. 2:04-cv-01339-LKK-DAD
Joint Stipulation to Amend the Scheduling Order to Continue the Final Pretrial Conference, Pretrial
Statement, and All Accompanying Deadlines; [Proposed] Order

-2-

1

THEREFORE, IT IS HEREBY STIPULATED AND AGREED by

2

and among the Parties hereto that the final pretrial conference, pretrial

3

statement, and all other upcoming pretrial deadlines, including, but not

4

limited to the deadline to file Pretrial Statements, Joint Statement of

5

Undisputed Facts, and Disputed Factual Issues, be continued for at least

6

sixty (60) days, or until a date more convenient to the Court.

7
8

Dated: May 21, 2012

DISABLED ADVOCACY GROUP, APLC
/s/ Lynn Hubbard III
/
Lynn Hubbard III, Esq.
Attorney for Plaintiff, Byron Chapman

9
10
11
12
13
14
15
16

Dated: May 21, 2012

HUNTON & WILLIAMS LLP
/s/ Roland Juarez
/
Roland Juarez, Esq.
Attorney for Defendant Pier 1 Imports
(U.S.) Inc. dba Pier 1 Imports # 1132

17
18
19
20
21
22
23
24
25
26
27
28
Chapman v. Pier 1 Imports US; et al.,
Case No. 2:04-cv-01339-LKK-DAD
Joint Stipulation to Amend the Scheduling Order to Continue the Final Pretrial Conference, Pretrial
Statement, and All Accompanying Deadlines; [Proposed] Order

-3-

Order

1
2

IT IS HEREBY ORDERED that Plaintiff Byron Chapman’s

3

(“Chapman”), and Defendant Pier 1 Imports (U.S.), Inc. dba Pier 1 Imports

4

#1132 (“Pier 1”) (collectively “the Parties”) Joint Stipulation to Amend the

5

Scheduling Order to Continue the Final Pretrial Conference, Pretrial

6

Statement, and all Accompanying Upcoming Pretrial Deadlines be

7

GRANTED.

8
9
10
11

Accordingly, the Status (Pretrial Scheduling) Conference Order, Dkt.
No. 166 (“PTO”), is hereby AMENDED as follows:
1. The final Pretrial Conference is SET for September 4, 2012 at
1:30 p.m. The previously set date of June 11, 2012 is VACATED.

12

2. Any party may rely on its Pretrial Statement (if any), filed in

13

reliance on the PTO (e.g., Defendant’s Pretrial Statement, Dkt. No. 208), or

14

it must file an entirely new Pretrial Statement in accordance with the local

15

rules and the PTO.

16

3. Trial is SET for December 4, 2012 at 10:30 a.m. The previously

17

set date of September 12, 2012 is VACATED.

18

IT IS SO ORDERED.

19

Dated: June 6, 2012

20
21
22
23
24
25
26
27
28
Chapman v. Pier 1 Imports US; et al.,
Case No. 2:04-cv-01339-LKK-DAD
Joint Stipulation to Amend the Scheduling Order to Continue the Final Pretrial Conference, Pretrial
Statement, and All Accompanying Deadlines; [Proposed] Order

-4-