Jones v. Jaime's Bar & Grill, et al

Filing 26

STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 5/2/14 ORDERING this case shall be referred to Magistrate Judge Allison Claire for an early settlement conference; the Settlement Conference is set for 8/14/14 at 09:00 a.m.; The parties are directed to submit confidential settlement conference statements to chambers not later than seven (7) days prior to the settlement conference. (Becknal, R)

1
2
3
4
5
6
7
8
9

PAUL L. REIN, Esq. (SBN 43053)
CELIA MCGUINNESS, Esq. (SBN 159420)
CATHERINE CABALO (SBN 248198)
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
* Defendants and their respective counsel listed after the caption.

10
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

11
12
13

GUY JONES

14
15

Plaintiff,
v.

16
17
18
19
20
21

CASE NO. 2:14-cv-00102-LKK-DAD

JAMIE’S BAR & GRILL; JAMES E.
BUNNELL dba JAMIE’S BAR &
GRILL; AKFM HOLDINGS, LLC; and
DOES 1-10, Inclusive,

STIPULATION AND ORDER TO
REFER CASE TO MAGISTRATE
JUDGE FOR SETTLEMENT
CONFERENCE AND TO EXTEND
TIME UNDER FED.R.CIV.P. RULE
12(F)

Defendants.

26

JOHN QUINCY BROWN III, Esq. (SBN 60681)
STEPHEN W. ROBERTSON, Esq. (SBN 228708)
HARDY ERICH BROWN & WILSON
A Professional Law Corporation
1000 G Street, Suite 200
Sacramento, California 95814
P.O. Box 13530
Sacramento, California 95853-3530
Telephone: [phone]
Facsimile: 916/449-3888

27

Attorney for Defendant JAMES E. BUNNELL
dba JAMIE’S BAR & GRILL

22
23
24
25

28
STIPULATION TO REFER CASE TO MAGISTRATE JUDGE
FOR SETTLEMENT CONFERENCE AND TO EXTEND
TIME UNDER FRCP RULE 12(F)
CASE NO. 2:14-cv-00102-LKK-DAD
G:\DOCS\Orders For Docketing\LKK\2014 04 29 Stip to set settlement conf. & extend time under Rule 12(f)

-1-

.docx

4

TERENCE J. CASSIDY, Esq. (SBN 099180)
PORTER SCOTT
A Professional Law Corporation
350 University Avenue, Suite 200
Sacramento, California 95825
Telephone: [phone]
Facsimile: 916/927-3706

5

Attorney for Defendant AKFM HOLDINGS, LLC

1
2
3

6
7
8

TO THE CLERK OF THE ABOVE-ENTITLED COURT AND TO ALL
PARTIES AND TO THEIR RESPECTIVE ATTORNEYS OF RECORD:

9

STIPULATION

10
11
12
13

WHEREAS, the parties to this stipulation want to make best efforts to settle
this case without unnecessary litigation;
WHEREAS, the parties conducted a Fed.R.Civ.P. 34 site inspection on April 7,

14

2014 and are in the process of exchanging additional information that may facilitate

15

settlement in this case;

16

WHEREAS, plaintiff Guy Jones’ deadline for filing a motion under

17

Fed.R.Civ.P. 12(f) to strike defenses from the Answers of defendants James E.

18

Bunnell dba Jamie’s Bar & Grill and AKFM Holdings, LLC is May 2, 2014 (Docket

19

No. 22);

20

WHEREAS, the parties have tried unsuccessfully to resolve their disputes over

21

the Answers informally. However, they wish to avoid the necessity of plaintiff filing

22

a Fed.R.Civ.P. 12(f) motion until/unless continued settlement efforts do not succeed;

23

THEREFORE:

24

IT IS HEREBY STIPULATED by and among all parties: (1) that this case be

25

referred to a Magistrate Judge for an early settlement conference; and (2) that the

26

deadline for plaintiff to file any motion under Fed.R.Civ.P. 12(f) be extended to 30

27

days past the date the parties participate in a settlement conference with an assigned

28

Magistrate Judge. It is also stipulated that a) the parties shall meet and confer within
STIPULATION TO REFER CASE TO MAGISTRATE JUDGE
FOR SETTLEMENT CONFERENCE AND TO EXTEND
TIME UNDER FRCP RULE 12(F)
CASE NO. 2:14-cv-00102-LKK-DAD
G:\DOCS\Orders For Docketing\LKK\2014 04 29 Stip to set settlement conf. & extend time under Rule 12(f)

-2-

.docx

1

7 days after the settlement conference; b) that defendants shall thereafter be allowed

2

an opportunity to voluntarily amend their respective Answers prior to plaintiff filing

3

any Rule 12(f) motion; c) that any amended Answer shall be filed no later than 7 days

4

after the parties meet and confer.

5
6
7

Date: April 29, 2014

LAW OFFICE OF PAUL L. REIN

8
By: /s/ Catherine Cabalo
CATHERINE CABALO, ESQ.
Attorneys for Plaintiff
GUY JONES

9
10
11
12

Date: May 1, 2014

13

By: /s/ John Quincy Brown, III
JOHN QUINCY BROWN, III, ESQ.
Attorneys for Defendant
JAMES E. BUNNELL dba JAMIE’S BAR &
GRILL

14
15
16

HARDY ERICH BROWN & WILSON, PC

Date: April 29, 2014

PORTER SCOTT, PC

17
By: /s/ Terence J. Cassidy
TERENCE J. CASSIDY, ESQ.
Attorneys for Defendant
AKFM HOLDINGS, LLC

18
19
20
21
22
23
24
25
26
27
28
STIPULATION TO REFER CASE TO MAGISTRATE JUDGE
FOR SETTLEMENT CONFERENCE AND TO EXTEND
TIME UNDER FRCP RULE 12(F)
CASE NO. 2:14-cv-00102-LKK-DAD

G:\DOCS\Orders For Docketing\LKK\2014 04 29 Stip to set settlement conf. & extend time under Rule 12(f)

-3-

.docx

1
2

ORDER
Pursuant to the stipulation of the parties and for good cause shown, it is hereby

3

ORDERED that this case shall be referred to Magistrate Judge Allison Claire for an

4

early settlement conference. Also for good cause shown, it is hereby ORDERED that

5

the deadline for plaintiff to file any motion under Fed.R.Civ.P. 12(f) be extended to

6

30 days past the date the parties participate in a settlement conference with

7

Magistrate Judge Claire. The parties shall meet and confer within 7 days after the

8

settlement conference. Defendants shall thereafter be allowed an opportunity to

9

voluntarily amend their respective Answers prior to plaintiff filing any Rule 12(f)

10

motion, and any amended Answer shall be filed no later than 7 days after the parties

11

meet and confer. The settlement conference is set for August 14, 2014 at 9:00

12

a.m. The parties are directed to submit confidential settlement conference statements

13

to chambers not later than seven (7) days prior to the settlement conference. Such

14

statements are neither to be filed with the clerk nor served on opposing counsel.

15

However, each party shall e-file a one page document entitled Notice of Submission

16

of Confidential Settlement Conference statement. The parties may agree, or not, to

17

serve each other with the settlement statements. Each party is reminded of the

18

requirements that it be represented in person at the settlement conference by a person

19

able to dispose of the case or fully authorized to settle the matter at the settlement

20

conference on any terms. See Local Rule 270.

21
22

IT IS SO ORDERED.

23
24
25

Dated: May 2, 2014.

26
27
28
STIPULATION TO REFER CASE TO MAGISTRATE JUDGE
FOR SETTLEMENT CONFERENCE AND TO EXTEND
TIME UNDER FRCP RULE 12(F)
CASE NO. 2:14-cv-00102-LKK-DAD
G:\DOCS\Orders For Docketing\LKK\2014 04 29 Stip to set settlement conf. & extend time under Rule 12(f)

-4-

.docx