Peets v. Sagar Inc et al

Filing 12

STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 11/1/11: Initial Scheduling Conference RESET for 12/5/2011 at 03:00 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. The status reports are due fourteen (14) days prior to the status conference. (Kaminski, H)

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LOUIS A. HIGHMAN, State Bar No. 61703
BRUCE J. HIGHMAN, State Bar No. 101760
HIGHMAN, HIGHMAN & BALL
A Professional Law Association
870 Market Street, Suite 467
San Francisco, California 94102
Telephone: [phone]

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Attorneys for Plaintiff Darlene Peets

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In the United States District Court

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In and for the Eastern District of California

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Sacramento Division

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DARLENE PEETS,

CASE NO. 2:11-CV-02267-LKK-CKD

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Plaintiff,
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STIPULATED APPLICATION FOR
CONTINUANCE OF INITIAL
STATUS (PRETRIAL SCHEDULING)
CONFERENCE, AND OF FILING OF
STATUS REPORT RELATED
THERETO;ORDER

-v14
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SAGAR, INC.; PAKSN, INC.,

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Defendants.
__________________________/

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Louis A. Highman declares as follows:

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I am the lead attorney handling the case of

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plaintiff Darlene Peets referenced hereinabove.

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On

August

26,

2011,

I

was

electronically

mailed

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directly at my own e-mail, [e-mail], an

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e-mail from the Court entitled “Notice of Electronic Filing”

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indicating

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“Docket

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Scheduling

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Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Becknal,

Document

Text:

Number

CIVIL

Conference

NEW
set

5

had

CASE
for

been

filed,

DOCUMENTS
11/7/2011

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1
Stipulated Application; Order—Case No.

2:11-CV-02267-LKK-CKD

and

stating

ISSUED;

Initial

at

02:30

PM

in

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R.)”

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to Document Number 5.

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the document selection menu, an Attachment 1 (“Consent Form”—2

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pages) and an Attachment 2 (“VDRP Form”—2 pages) from the text

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of Document No. 5 (6 pages).

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inadvertently was Attachment 1 and Attachment 2 were printed

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out

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Electronic Filing” (one page) by me but the six-page text of

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Document No. 5 on the Document Selection Menu was not printed

Attached to the Notice of Electronic Filing was a link

and

viewed

The Pacer attachment separated out, on

(along

with

It looks like what happened

the

cover

e-mail

“Notice

of

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out or viewed.

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Mendez, sent out to the process server a copy of Attachment 1

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(“Consent Form”) and Attachment 2 (“VDRP Form”) along with the

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summons and complaint to be served on the defendants, and

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after those documents were served, our office filed a proof of

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service as to those documents; but the 6-page Order (the text

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of

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inadvertently only printed out Attachment 1 and 2, and not the

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6-page

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administrator/legal assistant put down on our calendar the

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November

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appears I also printed out and handed him the one page Notice

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of

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Scheduling Conference printed on it), along with Attachment 1

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and 2 (but not the six page text of Document 5, which went

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into detail on the Scheduling Conference, and explained the

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filing

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administrator/legal assistant did not put down anything about

Document

5),

text

7,

2011

a

was

of

Electronic

of

My office administrator/legal assistant, Kevin

not

the

Initial

Filing

Status

served,

actual

had

Report,

the

etc.).

date

of

However,

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2:11-CV-02267-LKK-CKD

apparently

My

Conference

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Stipulated Application; Order—Case No.

I

order.

Scheduling

(which

since

office

because

the

my

it

Initial

office

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the preparation and filing of the status report because that

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was in the six page text of Document 5 which I apparently did

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not print out.

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On or about Friday, October 28, 2011, I was out of

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town at a conference, and my office administrator mentioned to

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me in a telephone call that there was an initial scheduling

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conference scheduled in Darlene Peets’ case on November 7,

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2011.

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I checked into it, and discovered the aforesaid problem—-that

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I had apparently printed out only Attachment 1 and 2 of the

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Notice

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informing me in summary form there was an “Initial Scheduling

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Conference”

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details of the status report, etc.)

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When I got back in to the office on Monday, October 31,

of

I

Electronic

on

Filing

November

spoke

7,

today,

(along

2011

October

with

(but

31,

not

the

cover

going

2011,

to

sheet

into

the

opposing

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defendants’ counsel, Michael Lucey, who agreed to stipulate to

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continue the conference to December 5, 2011, and then have the

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status

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conference date.

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report

due

two

weeks

before

the

new

scheduling

I apologize for the inconvenience to the Court.

It

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was my fault for inadvertently not printing out the 6-page

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text of the order, and just printing out only Attachment 1 and

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2 and the one-page Notice of Electronic Filing, which caused

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this problem.

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During this time period, my 96-year old father (for

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whom I have been a primary care giver for many years-—he has

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lived with me) was hospitalized and was in the ICU several

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Stipulated Application; Order—Case No.

2:11-CV-02267-LKK-CKD

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times, and was very sick—-from on or about July 28, 2011 to on

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or about September 7, 2011.

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distracting time for me, and it may have contributed to my

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inadvertence in this regard.

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cases,

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administrator/legal assistant at the main firm e-mail address

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([e-mail]), so he takes care of calendaring

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the matters directly.

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to my direct e-mail address, [e-mail],

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and I believe this may have possibly added to the confusion of

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the situation, as well.

the

notices

are

It was a very stressful and

Also, on most of my federal
sent

directly

to

my

office

The e-mails on this case are being sent

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Having said all of the above, I ultimately take full

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responsibility for this inadvertent error, and apologize to

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the Court for any inconvenience I have caused.

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I would respectfully request that based on all the

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aforesaid,

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conference date in the above-referenced case from November 7,

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2011 to another date on a Monday or Tuesday no sooner than

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November 28, 2011, and that the status report filing date be

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continued to two weeks before the new scheduling conference

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date.

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this matter, earlier today (October 31, 2011), and he agreed

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to

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preferred new date for the conference would be December 5,

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2011, if it is available.

the

Court

continue

the

initial

scheduling

I spoke to Michael Lucey, attorney for defendants, on

stipulate

to

the

aforesaid

continuance,

indicating

his

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I declare under penalty of perjury that the foregoing

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is true and correct, and was executed on October 31, 2011, at

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Stipulated Application; Order—Case No.

2:11-CV-02267-LKK-CKD

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San Francisco, California.

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/s/Louis A. Highman

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Louis A. Highman

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The

parties,

by

and

through

their

respective

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attorneys

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scheduling conference date in the above-referenced case be

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continued from November 7, 2011 to another date (preferably

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December 5, 2011, if it is available), and that the status

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report filing date in the above-referenced case be continued

hereby

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to

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stipulate

and

agree

that

the

initial

conference date).

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two

weeks

DATED:

before

the

proposed

October 31, 2011

new

initial

scheduling

LOUIS A. HIGHMAN
BRUCE J. HIGHMAN
HIGHMAN, HIGHMAN & BALL

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/s/Louis A. Highman______
Attorneys for Plaintiff
DARLENE PEETS

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DATED:

October 31, 2011

MICHAEL T. LUCEY
STEPHANIE B. WERSEL
GORDON & REES LLP

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/s/Michael T. Lucey_____
Attorneys for Defendants
SAGAR, INC. AND PAKSN, INC.

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ORDER
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Good cause appearing therefor, IT IS HEREBY ORDERED
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that the Stipulated Application for Continuance of Initial
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Status (Pretrial Scheduling) Conference be and is hereby
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granted, and that the Initial Status (Pretrial Scheduling)
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Conference be and is HEREBY ORDERED continued to December 5,
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Stipulated Application; Order—Case No.

2:11-CV-02267-LKK-CKD

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2011, at 3:00 p.m., and that the status reports are due

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fourteen (14) days prior to the status conference.

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DATED:

November 1, 2011

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Stipulated Application; Order—Case No.

2:11-CV-02267-LKK-CKD