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U.S. Equal Employment Opportunity Commission v. Prestige Care, Inc., 1:17-cv-01299-AWI-SAB. (2018)

Court: District Court, E.D. California Number: infdco20180730995 Visitors: 10
Filed: Jul. 27, 2018
Latest Update: Jul. 27, 2018
Summary: AMENDED JOINT STIPULATION TO SCHEDULE SETTLEMENT CONFERENCE, TO CONTINUE PLEADING DEADLINES, MANDATORY SCHEDULING CONFERENCE AND RELATED DATES, AND TO STAY DISCOVERY AND PENDING MOTIONS; [PROPOSED] ORDER ANTHONY W. ISHII , District Judge . Plaintiff Equal Employment Opportunity Commission ("EEOC") and Defendants 1 (collectively, the "Parties") by and through their counsel of record file this amended stipulation that amends the Parties' Joint Stipulation to Schedule Settlement Confere
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AMENDED JOINT STIPULATION TO SCHEDULE SETTLEMENT CONFERENCE, TO CONTINUE PLEADING DEADLINES, MANDATORY SCHEDULING CONFERENCE AND RELATED DATES, AND TO STAY DISCOVERY AND PENDING MOTIONS; [PROPOSED] ORDER

Plaintiff Equal Employment Opportunity Commission ("EEOC") and Defendants1 (collectively, the "Parties") by and through their counsel of record file this amended stipulation that amends the Parties' Joint Stipulation to Schedule Settlement Conference, to Continue Mandatory Scheduling Conference and Related Dates, and to Stay Pending Motions and Discovery (ECF No. 57) to schedule a settlement conference, to continue the deadlines for Plaintiff to file its Amended Complaint and for Defendants to Answer, Move or otherwise file a Response thereto, to continue all briefing deadlines on pending motions, and to continue the Mandatory Scheduling Conference and stay discovery:

1. The Parties are scheduled to attend a Mandatory Scheduling Conference before Magistrate Judge Boone on September 7, 2018. (Doc No. 44.)

2. On June 27, 2018, Plaintiff filed a motion for partial summary judgment, which is set for hearing on August 13, 2018. (Doc No. 45.)

3. On June 29, 2018, Defendants filed a motion to transfer venue, which is also set for hearing on August 13, 2018. (ECF No. 48.)

4. On July 17, 2018, the Court entered an Order on Defendants' Motion to Dismiss (Doc. No. 31), granting it in part, denying it in part, granting leave for the EEOC to file an amended complaint within fourteen (14) days of service of the Order, and ordering Defendants to file their Answer within twenty-one (21) days of service of the Order if the EEOC did not file an amended complaint or within fourteen (14) days of service of the Amended Complaint if it did. (Doc. No. 55.)

5. Prior to the expenditure of further substantial resources in pleadings, additional motion practice, and discovery, the Parties have agreed that it would be prudent to determine whether resolution is possible and, specifically, would be interested in attending a settlement conference with Magistrate Judge McAuliffe. The Parties have reached out via Magistrate Judge Boone's chambers and have confirmed that Judge McAuliffe and representatives of all Parties are available October 25, 2018 for a full-day settlement conference.

6. Given the Parties' interest in pursuing potential resolution, the Parties further believe that a stay of all proceedings would be appropriate, including a stay of the deadlines for the EEOC to file an amended complaint and for Defendants to Answer, Move or otherwise Respond thereto as set forth in the Court's July 17, 2018 Order (Doc. No. 55), to submit opposition and reply briefs in response to the pending motions, and to continue the Mandatory Scheduling Conference.

7. In light of the above, the Parties stipulate as follows:

a. to attend a settlement conference before Magistrate Judge McAuliffe on Thursday, October 25, 2018 at 9:30 a.m. in Courtroom 8; b. to continue the scheduled Mandatory Scheduling Conference to Thursday, December 6, 2018 at 10:30 a.m. in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone; c. to a stay of all proceedings, including a stay of the deadlines for the EEOC to file an amended complaint and for Defendants to Answer, Move or otherwise Respond thereto, as recently ordered by the Court, and for the Parties to submit opposition and reply briefs concerning the pending motions for partial summary judgment and transfer of venue; d. upon completion of the settlement conference and if the Parties do not file a notice of settlement within five (5) days, the EEOC shall file its Amended Complaint, if any, within fourteen (14) days of the settlement conference; Defendants shall file its Answer, within twenty-one (21) days of the settlement conference if the EEOC does not file an amended complaint, or Answer, Move or otherwise Respond to the Amended Complaint within fourteen (14) days of service of the Amended Complaint if it does; and the hearing dates of the pending motions shall be reset for November 26 at 1:30 p.m., or such other date as set by the Court in its discretion.

IT IS SO STIPULATED.

ORDER

For good cause shown as stated by the Parties' stipulation, the Court orders that:

a. The Parties shall attend a settlement conference before Magistrate Judge McAuliffe on Thursday, October 25, 2018 at 9:30 a.m. in Courtroom 8;

b. The Mandatory Scheduling Conference shall be held on Thursday, December 6, 2018 at 10:30 a.m. in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone;

c. All proceedings, including the deadlines for the EEOC to file an Amended Complaint and for Defendants to Answer as recently ordered by the Court, and for the Parties to submit opposition and reply briefs concerning the pending motions for partial summary judgment and transfer of venue, shall be stayed;

d. Upon completion of the settlement conference and where the Parties do not file a notice of settlement within five (5) days, the EEOC shall file its Amended Complaint, if any, within fourteen (14) days of the settlement conference; Defendants shall file its Answer within twenty-one (21) days of the settlement conference if the EEOC does not file an amended complaint, or Answer, Move or otherwise Respond to the Amended Complaint within fourteen (14) days of service of the Amended Complaint if it does; and the hearing dates of the pending motions shall be reset for November 26, 2018.

IT IS SO ORDERED.

FootNotes


1. For the Court's reference, "Defendants" includes all named defendants except Cypress Point Ventures LLC.
Source:  Leagle

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