Gardner v. Best Western Med Park Inn & Suites

Filing 25

STIPULATION and ORDER signed by Judge John A. Mendez on 6/25/2015 ORDERING that all remaining dates in the 1/13/2014 scheduling order 10 are VACATED, and the parties shall file an updated joint status report on or before 7/24/2015. (Zignago, K.)

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GARY R. BASHAM (SBN 130119)
NATHAN T. JACKSON (SBN 285620)
BASHAM LAW GROUP
1545 River Park Drive, Suite 205
Sacramento, California 95815
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
BEST WESTERN MED PARK INN & SUITES, LP

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DONNA GARDNER,
Plaintiff,

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Case No. 2:13-CV-02148-JAM-KJN

v.

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BEST WESTERN MED PARK INN & SUITES,
LP dba HOTEL MED PARK

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Defendant.

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_______________________________________

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(AS MODIFIED BY THE COURT)
STIPULATION AND ORDER
VACATING TRIAL DATE AND
DISCOVERY DEADLINES AND
SETTING DATE FOR FILING
UPDATED JOINT STATUS REPORT

BEST WESTERN MED PARK INN & SUITES,
LP dba HOTEL MED PARK

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Third-Party Plaintiff,

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v.
STEPHEN CAMERON, AN INDIVIDUAL,
DBA CAMERON CONSTRUCTION, AND
ZOES 1-25, inclusive,
Third-Party Defendant

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Stipulation And [Proposed] Order Vacating Trial Date
And Discovery Deadlines And Setting Matter For
FRCP 16 Status Conference

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USDC, Eastern District of California
Case No. 2:13-CV-02148-JAM-KJN

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WHEREAS, this matter is presently set for trial on November 9, 2015, with a
discovery cutoff date for Plaintiff and Defendant of July 1, 2015.

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WHEREAS, STEPHEN CAMERON was recently added as a Third-Party

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Defendant in the above-captioned matter, and must respond to Defendant/Third-Party Plaintiff

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BEST WESTERN MED PART INN & SUITES’s Third Party Complaint by July 2, 2015.

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WHEREAS, in light of the recent addition of STEPHEN CAMERON, and the

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fact his deadline for an initial responsive pleading is near the discovery cut-off date and within

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months of trial, the Parties wish to avoid the clear prejudice of the Third Party Defendant if the

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current deadlines and trial date are kept, to avoid the likely duplication of effort due to the new

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party, and to have more time for discovery, including written discovery, party depositions, expert

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depositions, and subpoenas, as well as to provide all parties additional time to explore settlement

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before being forced by deadlines to incur potentially unnecessary costs and attorneys’ fees.

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WHEREAS, the Parties have jointly agreed and stipulated to request, respectfully,

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that this Court vacate the current trial date and all discovery deadlines, and to set this matter for a

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new Status Conference, where new deadlines can be considered and set.

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WHEREAS, this request is not being made of the purposes of improper delay, or
any other improper purpose;
WHEREAS, continuing the above-referenced deadlines will not prejudice any
party or their counsel; and

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NOW, THEREFORE, IT IS HEREBY STIPULATED and agreed by Plaintiff and

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Defendant, through their respective attorneys of record, that the Court vacate the current trial date
Stipulation And [Proposed] Order Vacating Trial Date
And Discovery Deadlines And Setting Matter For
FRCP 16 Status Conference

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USDC, Eastern District of California
Case No. 2:13-CV-02148-JAM-KJN

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and all discovery deadlines, and to set a date for the filing of an updated joint status report.

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Date: June 24, 2015

DISABLED ADVOCACY GROUP, APLC

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By:

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/s/ Scottlynn J. Hubbard
SCOTTLYNN J. HUBBARD, IV
Attorney for Plaintiff
DONNA GARDNER

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Date: June 24, 2015

BASHAM LAW GROUP

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By:

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/s/ Gary R. Basham
GARY R. BASHAM
NATHAN T. JACKSON
Attorneys for Defendant
BEST WESTERN MED PARK INN &
SUITES, LP

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ORDER

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Pursuant to stipulation, and for GOOD CAUSE APPEARING, the Court orders that all remaining
dates in the January 13, 2014 scheduling order [10] are vacated, and the parties shall file an
updated joint status report on or before July 24, 2015.

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Dated: 6/25/2015

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/s/ John A. Mendez_______________________
HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

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4817-3189-7637, v. 1

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Stipulation And [Proposed] Order Vacating Trial Date
And Discovery Deadlines And Setting Matter For
FRCP 16 Status Conference

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USDC, Eastern District of California
Case No. 2:13-CV-02148-JAM-KJN