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Barrios v. American Property Management, Inc., 1:18-cv-00352-AWI-SKO. (2018)

Court: District Court, E.D. California Number: infdco20181010a64 Visitors: 6
Filed: Oct. 09, 2018
Latest Update: Oct. 09, 2018
Summary: JOINT STIPULATION TO VACATE DATES IN EXISTING SCHEDULING ORDER AND RE-ISSUE UPDATED SCHEDULING ORDER AFTER COMPLETION OF RESOLUTION EFFORTS; ORDER ANTHONY W. ISHII , Senior District Judge . WHEREAS, this Stipulation is made and entered into by Defendant AMERICAN PROPERTY MANAGEMENT, INC. ("Defendant") and Plaintiff JESSICA BARRIOS ("Plaintiff") (collectively the "Parties"); WHEREAS, the Court filed its Scheduling Order (ECF No. 13) ("Scheduling Order") on July 5, 2018; WHEREAS, the Partie
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JOINT STIPULATION TO VACATE DATES IN EXISTING SCHEDULING ORDER AND RE-ISSUE UPDATED SCHEDULING ORDER AFTER COMPLETION OF RESOLUTION EFFORTS; ORDER

WHEREAS, this Stipulation is made and entered into by Defendant AMERICAN PROPERTY MANAGEMENT, INC. ("Defendant") and Plaintiff JESSICA BARRIOS ("Plaintiff") (collectively the "Parties");

WHEREAS, the Court filed its Scheduling Order (ECF No. 13) ("Scheduling Order") on July 5, 2018;

WHEREAS, the Parties have met and conferred regarding the merits of this matter and mutually desire to explore early resolution of this action and avoid unnecessary expenditure of time and fees on formal litigation;

WHEREAS, while the Parties have agreed to attend a private mediation with agreed-upon mediator Lisa Klerman, the Parties are currently engaging in discussions pertaining to said mediation, including discussing a demand to be sent to Defendant prior to mediation, and will need another ninety (90) days to finalize the demand and confirm a mediation date with Ms. Klerman;

WHEREAS, the Parties have, in good faith, have informally exchanged information and documents in anticipation of mediation and will continue to exchange further information and documents as necessary prior to mediation;

THEREFORE, good cause exists for this stipulation and order to vacate the dates in the Scheduling Order and to re-issue an updated Scheduling Order if resolution efforts towards and/or at mediation are unsuccessful, so that the Parties may explore potential settlement prior to incurring further litigation fees and costs;

WHEREFORE, the Parties hereby jointly stipulate and request an order as follows:

The dates and deadlines enumerated in the existing Scheduling Order are vacated, and the Parties shall report to the Court after ninety (90) days regarding the status of the Parties' resolution discussions and whether the Parties have set a mediation date. If the Parties have not yet set a mediation date by this time, the Court will reissue an updated Scheduling Order.

IT IS SO STIPULATED.

ORDER

FOR GOOD CAUSE SHOWN AND IN ORDER TO PROMOTE SETTLEMENT EFFORTS, IT IS HEREBY ORDERED AS FOLLOWS:

The terms of the above Stipulation are hereby approved and adopted. The dates and deadlines enumerated in the existing Scheduling Order are vacated pending the Parties' participation in resolution efforts. The Parties are ordered to report to the Court the result of these resolution efforts and the confirmation of a mediation date, if any, no later SEVEN (7) DAYS following the setting of a mediation date AND no later than SEVEN (7) days following the mediation.

If, after further negotiations, the parties decide not to pursue mediation, the parties shall file with the Magistrate Judge a request for a new scheduling order, within SEVEN (7) DAYS of the decision not to mediate.

IT IS SO ORDERED.

Source:  Leagle

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