Chapman v. Pier 1 Imports US, et al

Filing 224

ORDER signed by Judge Lawrence K. Karlton on 8/28/12 ORDERING that the Parties' Stipulation to Amend the Scheduling Order to Continue the Trial, Pre-Trial Conference, Pre-Trial Statements Deadline, and all accompanying Pre-Trial deadlines is DENIED. Defendant has appealed the court's permanent injunction. Accordingly, all pending dates are VACATED pending resolution of the appeal. (Becknal, R)

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SEYFARTH SHAW LLP
Kristina M. Launey (SBN 221335)
[e-mail]
400 Capitol Mall, Suite 2350
Sacramento, CA 95814-4428
Telephone:
[phone]
Facsimile:
[phone]
Eden Anderson (SBN 233464)
[e-mail]
560 Mission Street, 31st Floor
San Francisco, California 94105
Telephone:
[phone]
Facsimile:
[phone]

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

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Minh N. Vu (Pro Hac Vice pending)
[e-mail]
975 F Street, N.W.
Washington D.C. 20004
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
PIER 1 IMPORTS (U.S.), INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BYRON CHAPMAN,
Plaintiff,

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v.
PIER 1 IMPORTS (U.S.), INC.,
Defendant.

Case No. 2:04-cv-01339-LKK-DAD
STIPULATION TO AMEND THE
SCHEDULING ORDER TO
CONTINUE THE TRIAL, PRE-TRIAL
CONFERENCE, PRE-TRIAL
STATEMENTS DEADLINE, AND ALL
ACCOMPANYING PRE-TRIAL
DEADLINES; ORDER THEREON

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STIPULATION TO AMEND THE SCHEDULING ORDER; [PROPOSED] ORDER THEREON
CASE NO. 2:04-CV-01339-LKK-DAD

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Plaintiff Byron Chapman and Defendant Pier 1 Imports (U.S.) Inc., dba Pier 1 Imports
#1132 (the “Parties”) enter into the following stipulation:

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WHEREAS, trial is currently set for December 4, 2012 at 10:30 a.m.;

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WHEREAS, a Pre-Trial Conference is set for September 4, 2012 at 1:30 p.m.;

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WHEREAS, Joint Statements of Undisputed and Disputed Facts are due to be filed by

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August 21, 2012;

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WHEREAS, the Parties previously filed Pre-Trial Statements on or about June 4, 2012,

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but have the option of filing new Pre-Trial Statements no later than, respectively, August 21,

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2012 (Plaintiff) and August 28, 2012 (Defendant);

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WHEREAS, on August 20, 2012, Defendant Pier 1 Imports (U.S.), Inc. substituted its

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counsel in this matter and is now represented by a new law firm, Seyfarth Shaw, LLP

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(“Seyfarth”);

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WHEREAS, Seyfarth was retained on August 17, 2012 and is awaiting receipt of the case
files from Defendant’s prior counsel;

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WHEREAS, this case, filed in 2004, has an extensive history with more than 200 docket
entries;

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WHEREAS, the attorneys at Seyfarth need time to familiarize themselves with the case so

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as to prepare for trial, to meet and confer with Plaintiff in an effort to narrow issues and facilitate

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efficiency at trial, and/or explore the possibility of resolving this matter without a trial;

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14769303v.2

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STIPULATION TO AMEND THE SCHEDULING ORDER; [PROPOSED] ORDER THEREON
CASE NO. 2:04-0CV-01339-LKK-DAD

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NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and among the

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Parties that the trial, Pre-Trial Conference, Pre-Trial Statements Deadline and all pre-trial dates in

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this matter be continued for at least sixty (60) days, or until a date more convenient to the Court.

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Dated: August 21, 2012

DISABLED ADVOCACY GROUP, APLC

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By:

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Dated: August 21, 2012

/s/
Scottlynn J. Hubbard IV
Attorneys for Plaintiff
(original signature retained by attorney
Eden Anderson)

SEYFARTH SHAW LLP

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By:

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/s/
Eden Anderson

ORDER
IT IS HEREBY ORDERED that the Parties’ Stipulation to Amend the Scheduling Order

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to Continue the Trial, Pre-Trial Conference, Pre-Trial Statements Deadline, and all accompanying

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Pre-Trial deadlines is DENIED. Defendant has appealed the court’s permanent injunction.

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Accordingly, all pending dates are VACATED pending resolution of the appeal.

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Dated: August 28, 2012.

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14769303v.2

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STIPULATION TO AMEND THE SCHEDULING ORDER; [PROPOSED] ORDER THEREON
CASE NO. 2:04-0CV-01339-LKK-DAD