Louie v. Petsmart, Inc.

Filing 16

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 8/9/16 ORDERING that the Pretrial Scheduling Order be modified to take the Settlement Conference currently scheduled for 8/15/2016 before Magistrate Judge Delaney off calendar in favor of private mediation which is scheduled for 10/6/2016. All other dates shall remain the same. (Kastilahn, A)

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MAURICE J. FITZGERALD, SBN 149712
[e-mail]
THE CARTWRIGHT LAW FIRM, INC.
222 Front Street, Fifth Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile:
415.433.0449
Attorneys for Plaintiff
GREGORY LOUIE

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GREGORY C. CHENG, SBN 226865
[e-mail]
SUSAN T. YE, SBN 2281497
[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
PETSMART, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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17 GREGORY LOUIE,
Plaintiff,

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vs.

20 PETSMART INC. and DOES 1 through 25,
inclusive;
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Defendants.
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Case No. 2:15-cv-02354-KJM-CKD
STIPULATION AND ORDER TO MODIFY
STATUS (PRETRIAL SCHEDULING)
ORDER TO CONTINUE SETTLEMENT
CONFERENCE AND CORRESPONDING
DEADLINE TO SUBMIT CONFIDENTIAL
SETTLEMENT STATEMENTS BY 60
DAYS
Action Filed:
Trial Date:

September 21, 2015
September 11, 2017

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Hon. Kimberly J. Mueller
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Case No. 2:15-cv-023540-KJM-CKD
STIPULATION AND ORDER TO MODIFY PRETRIAL SCHEDULING ORDER
TO TAKE AUGUST 15, 2016 SETTLEMENT CONFERENCE OFF CALENDAR

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STIPULATION
IT IS HEREBY STIPULATED AND AGREED TO by and between Plaintiff Gregory

3 Louie (“Plaintiff”) and his attorneys of record, The Cartwright Law Firm, by Maurice Fitzgerald,
4 attorney at law, and Defendant PetSmart, Inc. (“PetSmart”), by its attorneys of record Ogletree,
5 Deakins, Nash, Smoak & Stewart, P.C., by Gregory C. Cheng, attorney at law (collectively, the
6 “Parties”), that the following Stipulation may be entered as an Order by the Court to give effect to
7 the stipulations set forth below:
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1.

WHEREAS, Plaintiff filed his initial Complaint in Solano County Superior Court

9 on September 21, 2015;
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2.

WHEREAS, on November 10, 2015, PetSmart timely served and filed its Answer

11 to Plaintiff’s Complaint;
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3.

WHEREAS, on November 12, 2015, PetSmart removed the action to the U.S.

13 District Court for the Eastern District of California;
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WHEREAS, on April 14, 2016, this Court issued a Status (Pretrial Scheduling)

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Order, which ordered, inter alia, the following dates: a Settlement Conference on August 15, 2016

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at 9:30 a.m., and the corresponding confidential settlement statements due at least 7 days prior to

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the Settlement Conference, which results in a deadline to file confidential settlement statements by

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August 8, 2016;

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5.

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WHEREAS, due to the nature of this action, the Parties believe that a private

mediation would better facilitate the resolution of this matter;
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WHEREAS, the parties have scheduled a private mediation with Cynthia Remmers

for October 6, 2016;
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WHEREAS, if the parties do not settle this case at mediation, the parties may

mutually request a further settlement conference be scheduled with the court;
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WHEREAS, the request to modify the Pretrial Scheduling Order to remove the

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settlement conference in favor of private mediation scheduled for October 6, 2016 will not

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prejudice the trial date of September 11, 2017.

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NOW, THEREFORE, the Parties, by and through their respective counsel of record,
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Case No. 2:15-cv-023540-KJM-CKD
STIPULATION AND ORDER TO MODIFY PRETRIAL SCHEDULING ORDER
TO TAKE AUGUST 15, 2016 SETTLEMENT CONFERENCE OFF CALENDAR

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AGREE AND HEREBY STIPULATE that good cause exists to take the Settlement Conference,

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currently scheduled for August 15, 2016, off calendar pending private mediation which is currently

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scheduled for October 6, 2016. All other pretrial dates shall remain the same.

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IT IS SO STIPULATED ON THE DATES INDICATED BELOW.

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DATED: August 4, 2016

THE CARTWRIGHT LAW FIRM, INC.

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By: /s/ Maurice J. Fitzgerald
MAURICE J. FITZGERALD
Attorneys for Plaintiff
GREGORY LOUIE

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

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By: /s/ Susan T. Ye
GREGORY C. CHENG
SUSAN T. YE
Attorneys for Defendant
PETSMART, INC.

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Case No. 2:15-cv-023540-KJM-CKD
STIPULATION AND ORDER TO MODIFY PRETRIAL SCHEDULING ORDER
TO TAKE AUGUST 15, 2016 SETTLEMENT CONFERENCE OFF CALENDAR

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ORDER
GOOD CAUSE APPEARING THEREFORE, IT IS HEREBY ORDERED that the

3 Pretrial Scheduling Order be modified to take the Settlement Conference currently scheduled for
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August 15, 2016 before Magistrate Judge Delaney off calendar in favor of private mediation which

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is scheduled for October 6, 2016. All other dates shall remain the same.

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IT IS SO ORDERED.
DATED: August 9, 2016.

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UNITED STATES DISTRICT JUDGE

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Case No. 2:15-cv-023540-KJM-CKD
STIPULATION AND ORDER TO MODIFY PRETRIAL SCHEDULING ORDER
TO TAKE AUGUST 15, 2016 SETTLEMENT CONFERENCE OFF CALENDAR