Martinez v. O'Reilly Automotive Stores, Inc.

Filing 25

STIPULATION and ORDER signed by District Judge John A. Mendez on 5/16/2018 ORDERING that the parties are relieved of this Court's 5/4/2018 Order setting a Court Settlement Conference before Magistrate Judge Deborah Barnes on 5/30/2018. The 5/30/2018 Court Settlement Conference before Magistrate Judge Deborah Barnes is taken off calendar. (Zignago, K.)

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JAMES M. PETERSON, ESQ. (Bar No. 137837)
[e-mail]
DEREK W. PARADIS, ESQ. (Bar No. 269556)
[e-mail]
HIGGS FLETCHER & MACK LLP
401 West “A” Street, Suite 2600
San Diego, CA 92101-7913
TEL: [phone]
FAX: [phone]
Attorneys for Defendant
O’REILLY AUTO ENTERPRISES, LLC

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ROBERT P. BIEGLER, ESQ. (Bar No. 88506)
[e-mail]
D. AARON BROCK, ESQ. (Bar No. 241919)
[e-mail]
CHRISTOPHER P. BRANDES, ESQ. (Bar No. 282801)
[e-mail]
BROCK & GONZALES, LLP
9000 Sunset Blvd, Suite 1260
Los Angeles, CA 90069-5812
TEL: [phone]
FAX: [phone]
Attorneys for Plaintiff
HUGO MARTINEZ

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HUGO MARTINEZ, an individual,
Plaintiff,

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v.

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O’REILLY AUTO ENTERPRISES,
LLC, a Delaware limited liability
company; and DOES 1-50, inclusive,

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Defendants.

CASE NO. 2:17-CV-00737-JAM-GGH
STIPULATION AND ORDER TO BE
RELIEVED OF THE OBLIGATION
TO ATTEND THE COURT
SETTLEMENT CONFERENCE
SCHEDULED FOR MAY 30, 2018
BEFORE MAGISTRATE JUDGE
DEBORAH BARNES
JUDGE:

Hon. John A. Mendez

CASE FILED:
REMOVED:

February 27, 2017
April 6, 2017

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Case No. 2:17-cv-00737-JAM-GGH
STIPULATION AND [PROPOSED} ORDER RE COURT SETTLEMENT CONFERENCE

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Defendant O’REILLY AUTO ENTERPRISES, LLC (“Defendant”), and

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Plaintiff HUGO MARTINEZ (“Plaintiff”) (collectively with Defendant “the

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Parties”) respectfully stipulate as follows:

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On April 27, 2018, the Parties filed a Joint Pretrial Conference Order. In the

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Joint Pretrial Conference Order, the Parties indicated that they believed a Court

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Settlement Conference under L.R. 270 would be helpful.

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On May 4, 2018, this Court set a Court Settlement Conference before
Magistrate Judge Deborah Barnes on May 30, 2018 at 10:00 a.m.
Since May 4, 2018, the Parties have engaged in further informal settlement

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discussions and have determined that a Court Settlement Conference would not be

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helpful. The Parties are simply too far apart in terms of settlement and the Parties

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do not want to waste this Court’s valuable time and resources.

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Thus, the Parties respectfully ask to be relieved of this Court’s May 4, 2018

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Order setting a Court Settlement Conference before Magistrate Judge Deborah

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Barnes on May 30, 2018.

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IT IS HEREBY STIPULATED.

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HIGGS FLETCHER & MACK LLP

DATED: May 14, 2018

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By: /s/ James M. Peterson, Esq.
JAMES M. PETERSON, ESQ.
DEREK W. PARADIS, ESQ.
Attorneys for Defendant
O’REILLY AUTO ENTERPRISES,
LLC

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DATED: May 14, 2018

BROCK & GONZALES, LLP

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By: /s/ D. Aaron Brock, Esq.
ROBERT P. BIEGLER, ESQ.
D. AARON BROCK, ESQ.
Attorneys for Plaintiff
HUGO MARTINEZ

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Case No. 2:17-cv-00737-JAM-GGH

STIPULATION AND [PROPOSED} ORDER RE COURT SETTLEMENT CONFERENCE

ORDER

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IT IS HEREBY ORDERED that the Parties in the above caption case are

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relieved of this Court’s May 4, 2018 Order setting a Court Settlement Conference

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before Magistrate Judge Deborah Barnes on May 30, 2018. The May 30, 2018

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Court Settlement Conference before Magistrate Judge Deborah Barnes will be

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taken off calendar.

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DATED: 5/16/2018

/s/ John A. Mendez_______________
Hon. John A. Mendez
USDC, Eastern District of California

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Case No. 2:17-cv-00737-JAM-GGH

STIPULATION AND [PROPOSED} ORDER RE COURT SETTLEMENT CONFERENCE