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

WILLIAM J. SHUBB, District Judge.

The Court has set a status (pre-trial scheduling) conference in this matter for September 3, 2013, to address discovery cut-offs and similar issues.

Defendant Vinh Phat Supermarket, Inc. (Vinh Phat) submitted a motion to dismiss which was heard on July 29, 2013. The motion is under submission. After the Court's ruling, Vinh Phat will file a counter-claim raising additional legal issues along with its answer.

Individual Defendants Vong, Ly and Plaskett (Defendants) submitted a motion to dismiss and for joinder of an additional party defendant which was also heard on July 29, 2013. The motion is under submission. 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 30, 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 30, 2013 at 2:00 p.m. A joint status report shall be filed no later than September 16, 2013.