Callahan v. Pinnacle Property Management Services, LLC et al

Filing 17

STIPULATION AND ORDER signed by District Judge Morrison C. England, Jr. on 1/5/2017 VACATING the dates and deadlines enumerated in the 5 Pretrial Scheduling Order; ORDERING the parties to provide the Court with a Joint Status Report addressing the outcome of VDRP within 14 days of its conclusion. (Michel, G.)

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Galen T. Shimoda (SBN 226752)
Justin P. Rodriguez (SBN 278275)
Erika R. C. Sembrano (SBN 306635)
Shimoda Law Corp.
9401 East Stockton Blvd., Suite 200
Elk Grove, CA 95624
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff
BRENNA CALLAHAN
JACKSON LEWIS P.C.
JAMES T. JONES (SBN 167967)
HEATH A. HAVEY (SBN 244087)
400 Capitol Mall, Suite 1600
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendants
PINNACLE PROPERTY MANAGEMENT
SERVICES, LLC and PINNACLE PROPERTY
MANAGEMENT SERVICES PIER 70

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRENNA CALLAHAN,

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Case No. 2:16-cv-01862-MCE-EFB

Plaintiff,
vs.
PINNACLE PROPERTY MANAGEMENT
SERVICES, LLC, a Delaware Limited Liability
Company; PINNACLE PROPERTY
MANAGEMENT SERVICES PIER 70, a
business organization, form unknown; and
DOES 1 to 100, inclusive,
Defendants.

JOINT STIPULATION TO VACATE
DATES IN EXISTING PRETRIAL
SCHEDULING ORDER AND RE-ISSUE
UPDATED PRETRIAL SCHEDULING
ORDER AFTER COMPLETION OF
VOLUNTARY DISPUTE RESOLUTION
PROGRAM (VDRP); ORDER
Complaint Filed: 06/23/2016
Removal Filed: 08/05/2016
Trial Date:
TBA

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JOINT STIP TO VACATE DATES IN PRETRIAL
SCHEDULING ORDER & RE-ISSUE AFTER VDRP

Callahan v. Pinnacle Property Management Services
Case No. 2:16-cv-01862-MCE-EFB

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WHEREAS, PINNACLE PROPERTY MANAGEMENT SERVICES, LLC and

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PINNACLE PROPERTY MANAGEMENT SERVICES PIER 70 (collectively referred to as

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“Defendants”) and BRENNA CALLAHAN (“Plaintiff”) (collectively the “Parties”);

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WHEREAS, the Court filed its Revised Initial Pretrial Scheduling Order (“Pretrial
Scheduling Order”) on August 12, 2016;

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WHEREAS, due the Parties’ interest in early settlement efforts, the Court granted on

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October 24, 2016, the Parties’ stipulation to continue the deadline of filing the Rule 26(f)(3)

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discovery plan (“Discovery Plan”), as mandated by the Pretrial Scheduling Order, to December

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16, 2016;

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WHEREAS, the Parties have continued to confer and still mutually desire to explore

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early resolution of this action and avoid unnecessary expenditure of time and fees on formal

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litigation;

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WHEREAS, as a result, the Parties have filed on December 15, 2016, their Stipulation to

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Elect Referral of Action to Voluntary Dispute Resolution Program Pursuant to Local Rule 271;

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and

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WHEREAS, should the Parties not resolve this matter through the VDRP, Plaintiff

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anticipates filing a Motion to Remand and Defendants anticipate filing a Motion to Compel

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Arbitration, and the Parties further acknowledge that the granting of either Motion could result in

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this Court losing jurisdiction over this matter.

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THEREFORE, good cause exists for this stipulation and order to vacate the dates in the

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existing Pretrial Scheduling Order and re-issue an updated Pretrial Scheduling Order if resolution

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efforts through the VDRP are unsuccessful, so that the Parties may explore potential settlement

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prior to incurring further litigation fees and costs.

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WHEREFORE, the Parties hereby jointly stipulate and request an order as follows:

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The dates and deadlines enumerated in the existing Pretrial Scheduling Order are vacated,

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and an updated Pretrial Scheduling Order will be issued by the Court after the Parties’ completion

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of the VDRP if the Parties are unable to resolve the matter therein.

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//
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JOINT STIP TO VACATE DATES IN PRETRIAL
SCHEDULING ORDER & RE-ISSUE AFTER VDRP

Callahan v. Pinnacle Property Management Services
Case No. 2:16-cv-01862-MCE-EFB

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IT IS SO STIPULATED.

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Dated: December 16, 2016

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Shimoda Law Corp.
By:/s/ Galen T. Shimoda
GALEN T. SHIMODA
ERIKA R. C. SEMBRANO
Attorneys for Plaintiff
BRENNA CALLAHAN

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Dated: December 16, 2016

JACKSON LEWIS P.C.

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By: /s/ Heath A. Havey [as authorized on 12/16/16]
JAMES T. JONES
HEATH A. HAVEY
Attorneys for Defendants
PINNACLE PROPERTY MANAGEMENT
SERVICES, LLC and PINNACLE PROPERTY
MANAGEMENT SERVICES PIER 70

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ORDER

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FOR GOOD CAUSE SHOWN AND IN ORDER TO PROMOTE SETTLEMENT
EFFORTS, IT IS HEREBY ORDERED AS FOLLOWS:

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The terms of the above Stipulation are hereby approved and adopted. The dates and

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deadlines enumerated in the existing Pretrial Scheduling Order (ECF No. 5) are vacated, pending

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the Parties’ participation in the VDRP. If the Parties are unable to resolve this matter through the

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VDRP, this Court will re-issue an updated Pretrial Scheduling Order to the Parties.

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The parties are further ordered to provide this Court with a Joint Status Report addressing
the outcome of the VDRP within 14 days of its conclusion.
IT IS SO ORDERED.
Dated: January 5, 2017

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JOINT STIP TO VACATE DATES IN PRETRIAL
SCHEDULING ORDER & RE-ISSUE AFTER VDRP

Callahan v. Pinnacle Property Management Services
Case No. 2:16-cv-01862-MCE-EFB