Filed: Apr. 27, 2016
Latest Update: Apr. 27, 2016
Summary: STIPULATION TO CONTINUE SCHEDULING CONFERENCE; ORDER THEREON STANLEY A. BOONE , District Judge . All parties hereby stipulate and request that the court enter an order continuing the currently calendared scheduling conference by twenty-one (21) days to May 23, 2016, at 9:45 a.m. Good cause exists for the request: 1. On February 22, 2016, plaintiffs filed their complaint. 2. On March 2, 2016, plaintiffs requested that defendant sign a Waiver of Service of Summons to avoid unnecessary costs
Summary: STIPULATION TO CONTINUE SCHEDULING CONFERENCE; ORDER THEREON STANLEY A. BOONE , District Judge . All parties hereby stipulate and request that the court enter an order continuing the currently calendared scheduling conference by twenty-one (21) days to May 23, 2016, at 9:45 a.m. Good cause exists for the request: 1. On February 22, 2016, plaintiffs filed their complaint. 2. On March 2, 2016, plaintiffs requested that defendant sign a Waiver of Service of Summons to avoid unnecessary costs ..
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STIPULATION TO CONTINUE SCHEDULING CONFERENCE; ORDER THEREON
STANLEY A. BOONE, District Judge.
All parties hereby stipulate and request that the court enter an order continuing the currently calendared scheduling conference by twenty-one (21) days to May 23, 2016, at 9:45 a.m. Good cause exists for the request:
1. On February 22, 2016, plaintiffs filed their complaint.
2. On March 2, 2016, plaintiffs requested that defendant sign a Waiver of Service of Summons to avoid unnecessary costs of service of summons.
3. On March 23, 2016, defendant executed the Waiver of Service of Summons. By statute, defendant's deadline to respond to the complaint was extended to May 2, 2016. However, at that time the parties did not request that the scheduling conference be continued, and so the scheduling conference is currently set to be held on the same date as the filing deadline for defendant's responsive pleading. Such scheduling conference is premature since no responsive pleading will have been filed by the date currently set for the Joint Scheduling Report.
4. Further, since the date defendant returned the Waiver of Service of Summons, the parties have met and conferred through their counsel of record regarding a stipulation to sever plaintiffs' claims. Plaintiffs rejected defendant's request to sever their claims on April 22, 2016. Therefore, Defendant anticipates filing its motion to sever plaintiffs' claims into two separate lawsuits before the scheduling conference.
5. Plaintiffs and defendant are therefore in agreement that the Mandatory Scheduling Conference be continued twenty-one (21) days with the Joint Scheduling Report to be electronically filed one (1) week prior to the Scheduling Conference. The parties respectfully request that the Court so order.
ORDER
Pursuant to stipulation, and for good cause shown, it is hereby ORDERED that the Scheduling Conference is continued to MAY 23, 2016, at 9:45 a.m. with the Joint Scheduling Report to be electronically filed in CM/ECF, one (1) full week prior to the Scheduling Conference.
IT IS SO ORDERED.
