Nieves v. Allied Waste Services, Inc.

Filing 14

ORDER upon 12 Stipulation signed by Judge William B. Shubb on 4/28/2010 continuing the Pretrial Conference to 6/1/2010 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. The Jury Trial date of 6/29/2010 shall remain as scheduled. (Kirksey Smith, K)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Robert C. Bowman Jr. (State Bar No. 232388) Christopher C. Phillips (SBN: 257753) LAW OFFICES OF BOWMAN & ASSOCIATES 2151 River Plaza Drive, Suite 105 Sacramento, CA 95833 Telephone: (916) 923-2800 Facsimile: (916) 923-2828 Attorneys for Plaintiff MIGUEL A. NIEVES UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT MIGUEL NIEVES Plaintiff, v. ALLIED WASTE SERVICES, INC. Defendant. ) ) ) ) ) ) ) ) ) ) Case No. 2:08-CV-01964-WBS-GGH STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL DATE STIPULATION Plaintiff Miguel Nieves and Defendant BFI Waste Systems of North America, LLC (erroneously sued herein as Allied Waste Services, Inc.) have agreed to request the court to continue the currently scheduled trial date of June 29, 2010, and final pretrial conference of May 3, 2010, and reset the case for trial to November 9, 2010, and final pretrial conference to September 20, 2010, if those dates are readily available. The parties have been engaged in settlement discussions for several months and have been collaborative in progressing towards a mutually agreeable resolution. The parties have only minor issues remaining to resolve. At this juncture, neither party anticipates the necessity of trial unless unforeseen circumstances arise. 1 STIPULATION AND [PROPOSED] ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 For the reasons stated above, both parties request that the current final pretrial conference of May 3, 2010, be vacated and continued to September 20, 2010. Both parties also request the trial date of June 29, 2010, be vacated and the new date to commence trial be November 9, 2010. DATED: April 28, 2010 LAW OFFICES OF BOWMAN & ASSOCIATES By /s/ Christopher C. Phillips Attorneys for Plaintiff MIGUEL A. NIEVES DATED: April 28, 2010 SEYFARTH SHAW LLP By /s/__________________________________ Jason T. Cooksey Attorneys for Defendant BFI WASTE SYSTEMS OF NORTH AMERICA, LLC ORDER The court having conferred telephonically with counsel, by agreement of the parties and the court, the trial date shall remain as scheduled for June 29, 2010, and the previously scheduled Final Pretrial Conference for May 3, 2010 is continued to June 1, 2010 at 2:00 p.m. DATED: April 28, 2010 2 STIPULATION AND [PROPOSED] ORDER

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