Boggs v. Victoria's Secret et al

Filing 13

STIPULATION AND ORDER signed by District Judge Kimberly J. Mueller on 4/8/2016 CONTINUING the Settlement Conference to 8/2/2016 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Michel, G.)

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Rachel M. Dollar, SBN 199977
Richard R. Sutherland, SBN 240858
SMITH DOLLAR PC
Attorneys at Law
404 Mendocino Avenue, Second Floor
Santa Rosa, California 95401
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants VICTORIA'S SECRET, VICTORIA'S SECRET STORES
BRAND MANAGEMENT, INC., L. BRANDS STORE DESIGN AND
CONSTRUCTION, INC., L. BRANDS DIRECT FULFILLMENT, INC., L.
BRANDS, INC.

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U.S. DISTRICT COURT, EASTERN DISTRICT OF CALIFORNIA
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(SACRAMENTO DIVISON)
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BARBARA BOGGS,
Plaintiff,

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STIPULATION AND ORDER TO
CONTINUE SETTLEMENT
CONFERENCE

v.
VICTORIA'S SECRET, VICTORIA'S
SECRET STORES BRAND
MANAGEMENT, INC., L. BRANDS
STORE DESIGN AND
CONSTRUCTION, INC., L. BRANDS
DIRECT FULFILLMENT, INC., L.
BRANDS, INC., and DOES 1 to 50,
inclusive

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CASE NO.: 2:15-CV-01920- KJM-KJN

Defendants.

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Date: May 6, 2016
Time: 9:00 a.m.
Courtroom: 25, 8th Floor
Judge: Hon. Kimberly J. Mueller
Settlement Judge: Hon. Kendall J.
Newman
Complaint Filed: July 24, 2015
Trial Date:
April 17, 2017

STIPULATION

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Plaintiff Barbara Boggs (“Plaintiff”) and Defendants (with Plaintiff, the

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“Parties”) jointly submit their request to continue the Settlement Conference,

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currently set for May 6, 2016, for good cause as set forth below:

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1. This action is a personal injury action arising out a trip and fall wherein
Plaintiff is alleging significant injury and monetary damages;
2. The parties previously submitted a Stipulation and Order to continue a
Settlement Conference from February 5, 2016 to May 6, 2016;
3. At the time, the Parties were discussing the dismissal of certain
-1STIP AND [PROPOSED] ORDER TO CONTINUE SETTLEMENT CONFERENCE

BOGGS (15cv1920) stip cont stmt conf

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defendants who were improperly named, and for Plaintiff to file an

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Amended Complaint to name the proper defendant to this action;

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4. On March 4, 2016, this Court entered an Order granting Plaintiff leave

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to file an Amended Complaint which would have dismissed the

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improper defendants and added the proper defendant per a stipulation of

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the parties;

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5. The Court’s March 4, 2016 Order, however, inadvertently dismissed the

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improper defendants with prejudice, as opposed to without prejudice as

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agreed-upon by the parties, and Plaintiff has only just submitted a
proposed order remedying this issue and, if entered, ;

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6. Due to the erroneous March 4, 2016 Order, and Plaintiff’s delay in filing

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an Amended Complaint in order to name the proper defendant, the

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parties have not yet completed the discovery necessary for the May 6,

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2016 Settlement Conference to constitute a meaningful opportunity to

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try and resolve this matter;

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7. Plaintiff is also now unavailable for the May 6, 2016 Settlement

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Conference due to the fact she will be traveling out-of-state for a family

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event that cannot be rescheduled;

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8. The parties believe that with additional time to complete the necessary

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discovery, a later settlement conference will only have a greater

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likelihood of resolving this dispute;

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9. Defendant’s counsel contacted Judge Newman’s courtroom and

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obtained an alternative date of August 2, 2016 to hold the Settlement

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Conference that is convenient to Judge Newman, the parties’ and their

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counsel.

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///

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///

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-2STIP AND [PROPOSED] ORDER TO CONTINUE SETTLEMENT CONFERENCE

BOGGS (15cv1920) stip cont stmt conf

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In light of the foregoing, IT IS HEREBY STIPULATED by and between the

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Parties, by and through their respective counsel that the Settlement Conference

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currently set for May 6, 2016 should be continued to August 2, 2016.

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Dated: April 8, 2016
SMITH DOLLAR PC

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By

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/s/ Richard R. Sutherland
Richard R. Sutherland
Attorney for Defendants

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Dated: April 8, 2016

QUINN & KRONLUND, LLP

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By

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/s/ Michael C. Kronlund
Michael C. Kronlund
Attorney for Plaintiff Barbara Boggs

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-3STIP AND [PROPOSED] ORDER TO CONTINUE SETTLEMENT CONFERENCE

BOGGS (15cv1920) stip cont stmt conf

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ORDER

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Having reviewed the Stipulation submitted by the Parties, and good cause

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appearing, the Court hereby GRANTS the request to continue the Settlement

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Conference.

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The Settlement Conference currently set for May 6, 2016, is hereby vacated

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and continued to August 2, 2016, at 9:00 a.m., in Courtroom 25, 8th Floor, before

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Magistrate Judge Kendall J. Newman.

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SO ORDERED.

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Dated: April 8, 2016

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-4STIP AND [PROPOSED] ORDER TO CONTINUE SETTLEMENT CONFERENCE

BOGGS (15cv1920) stip cont stmt conf

PROOF OF SERVICE

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STATE OF CALIFORNIA, COUNTY OF SONOMA

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I am employed in the County of Sonoma, State of California. I am over the age
of 18 and not a party to the within action. My business address is 404 Mendocino
Avenue, Second Floor, Santa Rosa, CA 95401.

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On April 8, 2016, I served the foregoing document described as STIPULATION
AND [PROPOSED] ORDER TO CONTINUE SETTLEMENT
CONFERENCE all interested parties in this action by placing a true copy thereof
enclosed in sealed envelopes addressed as stated on the attached service list:

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[X] BY MAIL - I deposited such envelope in the mail at Santa Rosa, California. The
envelope was mailed with postage thereon fully prepaid. I am “readily familiar” with
the firm's practice of collection and processing correspondence for mailing. Under
that practice it would be deposited with the U.S. Postal Service on that same day with
postage thereon fully prepaid at Santa Rosa, California in the ordinary course of
business. I am aware that on motion of the party served, service is presumed invalid
if postal cancellation date or postage meter date is more than one (1) day after date of
deposit for mailing in affidavit.
[X] (Federal) I declare that I am employed in the office of a member of the bar of this
Court at whose direction the service was made.

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Executed on April 8, 2016, at the address above.
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/s/ Stephanie Abbott
_________________________________________
Stephanie D. Abbott

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SERVICE LIST

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BARBARA BOGGS v. VICTORIA'S SECRET, VICTORIA'S SECRET STORES
BRAND MANAGEMENT, INC., L. BRANDS STORE DESIGN AND
CONSTRUCTION, INC., L. BRANDS DIRECT FULFILLMENT, INC., L.
BRANDS, INC., and DOES 1 to 50, inclusive
U.S. District Court, Eastern District of California, Case No.2:15-CV-01920- KJMKJN
Michael C. Kronlund
Kevin J. Hermanson
Quinn & Kronlund, LLP
509 W. Weber Avenue, Suite 400
Stockton, CA 95203

Plaintiff Barbara Boggs
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]

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BOGGS (15cv1920) stip cont stmt conf

-1PROOF OF SERVICE