Vickers v. O'Reilly Auto Enterprises, LLC et al

Filing 23

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 9/18/2018 AMENDING the 21 Scheduling Order to EXTEND the deadline for the parties to seek leave to amend the pleadings to 10/29/2018. (Zignago, K.)

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Zachary M. Best, SBN 166035
MISSION LAW FIRM, A.P.C.
332 North Second Street
San Jose, California 95112
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff,
Cleveland Vickers

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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)
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Plaintiff,
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vs.
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O’REILLY AUTO ENTERPRISES, LLC dba )
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O’REILLY AUTO PARTS #3488, et al.,
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Defendants.
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CLEVELAND VICKERS,

No. 2:17-cv-01948-KJM-KJN
STIPULATION TO AMEND
SCHEDULING ORDER; ORDER

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Plaintiff, Cleveland Vickers (“Plaintiff”), and Defendants, O’Reilly Auto Enterprises,

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LLC dba O’Reilly Auto Parts #3488 and Honda I, LLC (“Defendants,” and together with

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Plaintiff, the “Parties”), together request that the Court amend the current deadlines set by this

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Court’s Status (Pretrial Scheduling) Order, dated July 25, 2018 (Dkt. 21) (“Scheduling Order”)

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as follows:

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WHEREAS, the Scheduling Order sets a deadline to request leave to amend the

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pleadings of September 28, 2018, and prior to amending his complaint, Plaintiff needs to inspect

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the subject property to identify whether any additional barriers to his access exist, for Plaintiff’s

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consultant to prepare his findings, for Plaintiff to review those findings and prepare his amended

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complaint, for Plaintiff to provide the proposed amendment to Defendants so that they can
STIPULATION TO AMEND SCHEDULING ORDER; ORDER
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consider stipulating to the amendment, and for Plaintiff to prepare a motion for leave to amend

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if Defendants not stipulate;

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WHEREAS, Plaintiff properly noticed a site inspection which was to take place on
September 6, 2018;
WHEREAS, due to a scheduling conflict, counsel for Defendants has requested a
continuance of Plaintiff’s site inspection;
WHEREAS, due to unavailability of counsel for rescheduling the site inspection, the
Parties have agreed to continue the deadline to amend the complaint;

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NOW, THEREFORE, THE PARTIES, THROUGH THEIR RESPECTIVE

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COUNSEL, HEREBY STIPULATE AND AGREE to amend the Scheduling Order to extend

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the deadline to request leave to amend the pleadings to October 29, 2018.

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All other requirements set forth in the Scheduling Order relating to the above shall
remain unchanged, including the pre-trial and trial dates.

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Dated: September 7, 2018

MISSION LAW FIRM, A.P.C.

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/s/ Zachary M. Best
Zachary M. Best
Attorneys for Plaintiff,
Cleveland Vickers

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Dated: September 7, 2018

DOWNEY BRAND LLP
/s/ Elizabeth B. Stallard
Elizabeth B. Stallard
Attorneys for Defendants
O’Reilly Auto Enterprises, LLC dba
O’Reilly Auto Parts #3488
and Honda I, LLC

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STIPULATION TO AMEND SCHEDULING ORDER; ORDER
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ORDER

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The Parties having so stipulated and good cause appearing,

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IT IS HEREBY ORDERED that the Scheduling Order, dated July 25, 2018 (Dkt. 21),

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is amended to extend the deadline for the Parties to seek leave to amend the pleadings to October

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29, 2018.

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All other requirements set forth in the Scheduling Order relating to the above shall remain
unchanged, including the pre-trial and trial dates.

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IT IS SO ORDERED.

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DATED: September 18, 2018.

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UNITED STATES DISTRICT JUDGE

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STIPULATION TO AMEND SCHEDULING ORDER; ORDER
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