Lenard v. The Sherwin-Williams Company

Filing 49

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 05/02/16 ORDERING that the ruling on the 39 Motion for Summary Judgment will be DELAYED until after 06/01/16 to provide the parties adequate time to conclude a mediation of thi s matter. In the event the parties require additional time to resolve their settlement negotiations, they shall file a further stipulation with the court no later than 7 calendar days after the conclusion of their scheduled mediation explaining why good cause exists to further delay the court's ruling on defendant's motion for summary judgment. (Benson, A)

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Lawrance A. Bohm, State Bar No. 208716
BOHN LAW GROUP
4600 Northgate Blvd., Suite 210
Sacramento, CA 95834
Telephone:
916.927.5574
Facsimile:
916.927.2046

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Erik Roper, State Bar No. 259756
THE LAW OFFICE OF ERIK ROPER
2121 Natomas Crossing Drive, Suite 200-117
Sacramento, CA 95834
Telephone:
916.281.8249
Facsimile:
916.527.0118
Attorneys for Plaintiff
NATHAN LENARD

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KEVIN D. REESE, State Bar No. 172992
[e-mail]
ZACHARY W. SHINE, State Bar No. 271522
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Steuart Tower, Suite 1300
One Market Plaza
San Francisco, CA 94105
Telephone:
415.442.4810
Facsimile:
415.442.4870

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Attorneys for Defendant
THE SHERWIN-WILLIAMS COMPANY

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NATHAN LENARD,
Plaintiff,

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vs.
THE SHERWIN-WILLIAMS COMPANY, and
DOES 1-100,

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Defendant.
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Case No. 2:13-CV-02548-KJM-AC
STIPULATION TO DELAY RULING ON
DEFENDANT’S MOTION FOR
SUMMARY JUDGMENT PENDING
CONCLUSION OF MEDIATION; ORDER
Action Filed: May 15, 2013
Trial Date:
November 28, 2016

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Case No. 2:13-CV-02548-KJM-AC
Stipulation to Delay Ruling on Defendant’s Motion for Summary Judgment; Order

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Plaintiff Nathan Lenard (“Plaintiff”) and Defendant The Sherwin-Williams Company
(“Defendant”) submit the following stipulation to delay the Court’s ruling on Defendant’s Motion

3 for Summary Judgment.
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On February 12, 2016, Defendant filed its Motion for Summary Judgment (“MSJ”) (Dkt.

5 No. 39.) On February 26, 2016, Plaintiff filed his Opposition to the MSJ. (Dkt. No. 40.) On March
6 4, 2016, Defendant filed its Reply in support of its MSJ. (Dkt. No. 41.)
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On March 11, 2016, the Court heard oral argument on Defendant’s MSJ. Subsequently, the

8 parties began discussing a potential pretrial resolution of this matter. The parties have scheduled a
9 mediation for May 18, 2016. The parties will promptly notify the court following the mediation on
10 May 18, 2016 as to whether the parties have reached a tentative or formal agreement to resolve the
11 matter.
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In light of the parties’ scheduled mediation date, the parties respectfully request that the

13 Court stay any decision on Sherwin Williams’ pending motion for summary judgment until after
14 June 1, 2016.
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16 DATED: April 28, 2016

LAW OFFICE OF ERIK M. ROPER

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By: /s/ Erik M. Roper_________________________
Erik M. Roper

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Attorney for Plaintiff
NATHAN LENARD

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DATED: April 28, 2016

OGLETREE, DEAKINS, NASH, SMOAK & STEWART,
P.C.

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By: /s/ Kevin D. Reese (as authorized on 4/28/2016)
Kevin D. Reese
Zachary W. Shine
Attorneys for Defendant
THE SHERWIN-WILLIAMS COMPANY

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Case No. 2:13-CV-02548-KJM-AC
NOTICE OF SETTLEMENT EFFORTS AND STIPULATION TO MODIFY PRETRIAL SCHEDULING ORDER;
ORDER

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ORDER

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Good cause appearing, the court GRANTS the parties’ stipulation to delay ruling on

3 defendant’s motion for summary judgment until after June 1, 2016 to provide the parties adequate
4 time to conclude a mediation of this matter (ECF No. 47). In the event the parties require
5 additional time to resolve their settlement negotiations, they shall file a further stipulation with the
6 court no later than seven (7) calendar days after the conclusion of their scheduled mediation
7 explaining why good cause exists to further delay the court’s ruling on defendant’s motion for
8 summary judgment.
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IT IS SO ORDERED.
DATED: May 2, 2016

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UNITED STATES DISTRICT JUDGE

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Case No. 2:13-CV-02548-KJM-AC
STIPULATION TO MODIFY PRETRIAL SCHEDULING ORDER AND ORDER