Driver v. Pape Kenworth et al

Filing 29

ORDER signed by Magistrate Judge Kendall J. Newman on 7/17/2019 ORDERING that the Scheduling Conference is Reset for 9/23/2019 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman.(Reader, L)

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CHARLES S. PAINTER (SBN 89045)
REBECCA L. MENENDEZ (SBN 262487)
ERICKSEN ARBUTHNOT
100 Howe Avenue, Suite 110 South
Sacramento, CA 95825-8201
[phone] Telephone
[phone] Facsimile

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Attorneys for Defendant, PAPÉ TRUCKS, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROGER DRIVER,
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Plaintiff,
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vs.
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PAPÉ KENWORTH; THE PAPÉ GROUP,
INC.; PAPÉ TRUCKS, INC.; PAPÉ
TRUCK LEASING, INC.; PAPÉ
PROPERTIES, INC.; PAPÉ MATERIAL
HANDLING, INC.; PAPÉ MACHINERY
HANDLING, INC.; ENGINEERED
PRODUCTS, A PAPÉ COMPANY ; PAPÉ
D.W., INC.; and DOES 1-100
Defendants.
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) Case No.: 2:17-CV-01968- KJN
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) JOINT STIPULATION TO VACATE
) SCHEDULING ORDER; AND ORDER
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WHEREAS plaintiff filed his complaint on September 21, 2017.

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WHEREAS on December 7, 2017 the parties stipulated to dismiss, without prejudice,

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all defendants except defendant, Papé Trucks, Inc. an Oregon corporation.(See ECF No. 8).

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WHEREAS the court held a Status (Pre-Trial) Scheduling Conference on March 8, 2018.

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WHEREAS on March 9, 2018 this court issues its Pre-Trial Scheduling Order which

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indicated, among other things, “… that this order shall not be modified except by leave of court

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upon a showing of good cause…. “

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WHEREAS the court has previously modified the Scheduling Order to accommodate the
parties’ need for additional time to complete discovery.

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STIPULATION TO VACATE SCHEDULING ORDER AND ORDER
17-089/PLEADING.013
- 1 RLM:

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WHEREAS on June 27, 2019, Jomar Investments, Inc. dba New Life Transport Parts
Center was brought in as a third party defendant and will soon be entering an appearance.
WHEREAS the parties have put discovery on hold, such as plaintiff’s deposition, so that
the new party may participate once their appearance is entered.
WHEREAS the parties, including but not limited to the new third party defendant, will
not be in a postion to try this case in January 2020.

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WHEREAS the parties have agreed and stipulated, by and through their respective

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undersigned counsel, that the current scheduling order be vacated and that once the new party

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enters an appearance, a Status Scheduling Conference be scheduled on September 23, 2019, or

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as soon thereafter as is convenient for the court so that a new scheduling order may be issued to

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accommodate the needs of all parties.

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DATED: July 11, 2019
ERICKSEN ARBUTHNOT

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/S/ Rebecca L. Menendez

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By
CHARLES S. PAINTER
REBECCA L. MENENDEZ
Attorneys for Defendant,
PAPÉ TRUCKS, INC.

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DATED: July 11, 2019
CUTTER LAW P.C.

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/S/ Celine E. Cutter
By

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C. BROOKS CUTTER
CELINE E. CUTTER
Attorneys for Plaintiff, ROGER DRIVER.

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IT IS SO ORDERED:

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Dated: July 17, 2019

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STIPULATION TO VACATE SCHEDULING ORDER AND ORDER
17-089/PLEADING.013
- 2 RLM: