JOINT REQUEST TO CONTINUE STATUS (PRE-TRIAL SCHEDULING) CONFERENCE AND PROPOSED ORDER

WILLIAM B. SHUBB, District Judge.

The Court has set a status (pre-trial scheduling) conference in this matter for July 22, 2013, to address discovery cut-offs and similar issues.

Defendant Vinh Phat Supermarket, Inc. (Vinh Phat) has filed a motion to dismiss that is scheduled for hearing on July 15, 2013. When this motion is resolved, Vinh Phat will file a counter-claim raising additional legal issues along with its answer.

Individual defendants Vong, Ly and Plaskett (Defendants) have filed a motion to dismiss and for joinder of an additional party defendant that is set for hearing on July 29, 2013. Depending upon the Court's ruling, Defendants may file a third party complaint or counter-claim adding a party and raising additional legal issues when they answer.

In short, neither the legal issues nor the identities of all defendants are yet settled. The parties do not believe meaningful scheduling can take place until these matters are resolved. At least one new party (and that party's counsel) would not be represented at the conference, creating the possibility that any schedule set by the Court might require modification in the near future.

The parties therefore jointly request that the Court continue the status (pre-trial scheduling) conference to permit clarification of the legal issues and addition of new parties. Counsel has obtained dates from the Court's clerk; September 3, 2013, is available for all current counsel.

ORDER

For good cause shown, the Court continues the status (pre-trial scheduling) conference in this matter to September 3, 2013 at 2:00 p.m. A Joint Status Report shall be filed no later than August 20, 2013.