Jones v. Rosie's Country Kitchen, LLP et al.

Filing 14

STIPULATION and ORDER signed by Judge William B. Shubb on 10/1/09: Designation of Expert Witnesses due by 12/18/2009. Discovery due by 2/5/2010. Dispositive Motions due by 3/8/2010. Final Pretrial Conference set for 5/17/2010 at 02:00 PM in Courtr oom 5 (WBS) before Judge William B. Shubb. Jury Trial set for 7/13/2010 at 09:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. Settlement Conference set for 11/5/2009 at 10:30 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller.(Kaminski, H)

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LAW OFFICES OF

PAUL L. REIN, Esq., (SBN 43053) CELIA McGUINNESS, Esq. (SBN 594120) LAW OFFICES OF PAUL L. REIN 200 Lakeside Drive, Suite A Oakland, CA 94612 Telephone: [phone] Facsimile: 510/832-4787 Attorneys for Plaintiff GUY JONES CRIS C. VAUGHAN, Esq. (SBN 99568) Vaughan & Associates 6207 South Walnut Street, Suite 800 Loomis, CA 95650 Telephone: [phone] Facsimile: 916/660-9378 Attorney for Defendants ROSIE'S COUNTRY KITCHEN, LLC, (incorrectly sued herein as ROSIE'S COUNTRY KITCHEN, LLP); HOSHIAR GREWAL, SANDEEP SINGH and GURDIP KANDOLA dba ROSIE'S COUNTRY KITCHEN, BABIR OJLA and MOHAN GIL UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA GUY JONES, Plaintiff, v. CASE NO. 2:09-CV-00913 WBS/KJM Civil Rights

JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND ROSIE'S COUNTRY KITCHEN, LLP; EXPERT DISCLOSURE AND HOSHIAR GREWAL, SANDEEP DISCOVERY DEADLINES AND SINGH, and GURDIP KANDOLA dba REQUESTING EARLY ROSIE'S COUNTRY KITCHEN; SETTLEMENT CONFERENCE BABIR OJLA; MOHAN GILL; and DOES 1-10, Inclusive, Defendants. /

Plaintiff GUY JONES and Defendants ROSIE'S COUNTRY KITCHEN, LLC (incorrectly sued as ROSIE'S COUNTRY KITCHEN, LLP);
STIPULATION TO EXTEND PRETRIAL DATES CASE NO. 2:09-CV-00913 WBS/KJM

PAUL L. REIN
200 LAKESIDE DR., SUITE A OAKLAND, CA 94612-3503 [phone]

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LAW OFFICES OF

HOSHIAR GREWAL, SANDEEP SINGH, and GURDIP KANDOLA dba ROSIE'S COUNTRY KITCHEN; BABIR OJLA; and MOHAN GILL, by and through their respective counsel, hereby request that the Court extend the current expert disclosure deadline, October 19, 2009, and discovery deadline, December 7, 2009, for 60 days. This request, if granted, would move the expert disclosure deadline to December 18, 2009, and move the date to complete discovery to February 5, 2010; it would also effectuate a continuance of all other pretrial dates. The parties further request an early settlement conference be set so that the parties can attempt to reach an early settlement of the case in full, minimizing attorneys fees and costs. Good cause exists for the extension and request for settlement conference: 1. On August 5, 2009, Judge Shubb issued a Pretrial Scheduling Order stating the parties had agreed to conduct a joint site inspection of the premises by September 30, 2009, and requiring the parties to disclose their experts by October 19, 2009, and to complete discovery by December 7, 2009. The Order further stated all modifications to the scheduling order, except for changes to the trial date, shall be assigned by the Magistrate Judge. 2. Although the parties are working cooperatively to move the case toward early settlement, due to conflicting schedules of the parties, counsel, and experts, the parties were not able to schedule a joint inspection until October 20, 2009. 3. As the Order currently stands, the joint site inspection would take place the day after the expert disclosure deadline. The discovery cutoff would fall a little more than a month later. 4. The parties therefore request a 60 day continuance of the expert disclosure and discovery deadlines, so that the parties can prepare their expert reports after the joint inspection and work toward
STIPULATION TO EXTEND PRETRIAL DATES CASE NO. 2:09-CV-00913 WBS/KJM

PAUL L. REIN
200 LAKESIDE DR., SUITE A OAKLAND, CA 94612-3503 [phone]

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LAW OFFICES OF

cooperative settlement of the case. 5. The parties also request the Court set a Settlement Conference date thirty days after the October 20th joint inspection, or at the Court's earliest convenience.

Respectfully submitted, Dated: September 25 2009 LAW OFFICES OF PAUL L. REIN /s/ By CELIA McGUINNESS Attorneys for Plaintiff GUY JONES Dated: September 25, 2009 VAUGHAN & ASSOCIATES /s/ By CRIS C. VAUGHAN Attorneys for Defendants ROSIE'S COUNTRY KITCHEN, LLP; HOSHIAR GREWAL, SANDEEP SINGH, and GURDIP KANDOLA dba ROSIE'S COUNTRY KITCHEN; BABIR OJLA; MOHAN GILL

PAUL L. REIN
200 LAKESIDE DR., SUITE A OAKLAND, CA 94612-3503 [phone]

STIPULATION TO EXTEND PRETRIAL DATES CASE NO. 2:09-CV-00913 WBS/KJM

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LAW OFFICES OF

ORDER Good cause having been shown, the parties' stipulation and request that the Court extend the set expert disclosure deadline from October 19, 2009, to December 18, 2009, and discovery deadline from December 7, 2009, to February 5, 2010, is hereby GRANTED. Dispositive Motions are due to be filed by March 8, 2010; the Pretrial Conference is continued to May 17, 2010 at 2:00 p.m.; and the Jury Trial is continued to July 13, 2010 at 9:00 a.m. A Settlement Conference is hereby set before Magistrate Judge Kimberly J. Mueller on November 5, 2009 at 10:30 AM in Courtroom 26 (KJM), 8th Floor. Each party is directed to have a principal capable of disposition at the Settlement Conference or to be fully authorized to settle the matter on any terms at the Settlement Conference. Each party is directed to submit to the chambers of Judge Mueller a confidential settlement conference statement no later than 10/29/2009. Such statements are not to be filed with the clerk, although the parties may agree, or not, to serve each other with the settlement statements. However, each party shall e-file a one page document entitled "Notice of Submission of Confidential Settlement Conference Statement." If the settlement judge is not the trial judge, the Confidential Settlement Conference Statement shall not be disclosed to the trial judge. In addition, the parties shall submit a written waiver for any claim of 16disqualification as to Magistrate Judge Mueller, pursuant to Local Rule 270(b), no later than October 5, 2009. IT IS SO ORDERED. Dated: October 1, 2009

PAUL L. REIN
200 LAKESIDE DR., SUITE A OAKLAND, CA 94612-3503 [phone]

STIPULATION TO EXTEND PRETRIAL DATES CASE NO. 2:09-CV-00913 WBS/KJM

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