Nygaard v. Property Damage Appraisers, Inc.

Filing 58

STIPULATION and ORDER signed by District Judge Vince Chhabria on 12/12/2019 CONTINUING the Telephonic Case Management Conference to 2/4/2020 at 02:30 PM before District Judge Vince Chhabria. The parties to submit a Joint Case Management Statement no later than 1/28/2020. (Zignago, K.)

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Suzanne M. Alves
ALVES RADCLIFFE LLP
2377 Gold Meadow Way, Ste. 100
Gold River, California 95670
[phone]
Attorney for Plaintiffs
BRIAN K. NYGAARD et al.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiffs,
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vs.
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PROPERTY DAMAGE APPRAISERS, INC., )
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a Corporation, and DOES 1-50, inclusive,
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Defendant(s).
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BRIAN K. NYGAARD, an individual doing
business as PDA SACRAMENTO and PDA
STOCKTON and BKN APPRAISALS, INC.,
a California Corporation,

Case Number: 16-cv-02184-VC
Reassigned to Hon. Vince Chhabria
STIPULATION AND PROPOSED ORDER
TO CONTINUE TELEPHONIC CASE
MANAGEMENT CONFERENCE

Date: 12/18/2019
Time: 10:30 a.m.
Hon. Vince Chhabria

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On September 30, 2019, this Court entered an Order for Telephonic Case Management

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Conference on October 16, 2019, at 10:30 a.m. The Order further specified that a Joint Case

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Management Conference Statement was due to be filed by counsel on October 9, 2019.

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Thereafter, the Court granted an Order, pursuant to the parties’ stipulation, to continue the Case

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Management Conference to December 18, 2019, at 10:30 a.m., which a Joint Case Management

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Conference Statement due to be filed on December 11, 2019. The parties’ hereby request a

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further continuance of the Case Management Conference for forty-five (45) days for the reasons

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set forth herein.

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Page 1 of 3

16-cv-20184-VC

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STIPULATION AND PROPOSED ORDER RE: MEDIATION

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On August 11, 2019, Plaintiffs’ counsel’s spouse suffered a severe hemorrhagic stroke,

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remains hospitalized due to further medical complications, and will require around the clock care

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after discharge from inpatient care. As such, Plaintiffs counsel will be unable to continue

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representation of the Plaintiffs in this action. Plaintiffs have been advised of these facts and have

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attempted to locate other counsel to represent them in this matter without success to date.

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Thereby, Plaintiffs request additional time, forty-five days, to permit Plaintiffs to find other

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counsel to represent them in this matter.
For these reasons, it is hereby stipulated by and between plaintiffs BRIAN K.
NYGAARD, an individual doing business as PDA SACRAMENTO and PDA STOCKTON, and
BKN APPRAISALS, INC., and defendant PROPERTY DAMAGE APPRAISERS, INC., a
Corporation, through their counsel of record, that the Telephonic Case Management Conference

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scheduled for December 18, 2019, at 10:30 a.m. be continued for forty-five (45) days, to no
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earlier than January 31, 2020, to allow Plaintiff to find substitute counsel in this action.
ALVES RADCLIFFE LLP

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Dated: December 10, 2019

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s/Suzanne M. Alves
Suzanne M. Alves
Counsel for plaintiff

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DYKEMA GOSSETT LLP

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Dated: December 10, 2019

_s/Ashley R. Fickel_________________________
Ashley R. Fickel
Counsel for defendant PROPERTY DAMAGE
APPRAISERS, INC.

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Page 2 of 3

16-cv-20184-VC

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STIPULATION AND PROPOSED ORDER RE: MEDIATION

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ORDER
The Court having read and considered the stipulation of the parties and GOOD CAUSE

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APPEARING THEREFOR, IT IS HEREBY ORDERED the Telephonic Case Management

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Conference currently scheduled for December 18, 2019, shall be continued to February 4, 2020,

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at 2:30 p.m. Plaintiff’s new counsel shall provide the Court and other parties with a conference

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line and applicable access code to use during the hearing no later than three (3) court days prior

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to the scheduled conference. The parties are further ordered to submit a Joint Case Management
Statement to the Court by no later than January 28, 2020.

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IT IS SO ORDERED.
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Dated: December 12, 2019

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Honorable Vince Chhabria
UNITED STATES DISTRICT JUDGE

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Page 3 of 3

16-cv-20184-VC

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STIPULATION AND PROPOSED ORDER RE: MEDIATION