STIPULATION FOR CONTINUANCE OF MANDATORY SCHEDULING CONFERENCE; ORDER THEREON

SANDRA M. SNYDER, Magistrate Judge.

WHEREAS, a Mandatory Scheduling Conference in this action is currently set for July 1, 2015;

WHEREAS, a joint scheduling report must be filed by all parties by June 24, 2015, pursuant to the Court's Order Setting Mandatory Scheduling Conference Requiring the Parties to Confer Pursuant to F.R.Civ.P. 26(f) (Dkt. 3);

WHEREAS, Defendant, John Gottschalk dba Gottschalk's Music Center ("Gottschalk"), is the only defendant who has appeared in the action to date;

WHEREAS, Defendants Donal J. Garner and Mary Lou Garner were dismissed from the action without prejudice on April 16, 2015 (Dkt. 5);

WHEREAS, Plaintiff, Jose Escobedo ("Plaintiff," and together with Gottschalk, "the Parties") has been unable to effect service of the summons and complaint to date on the sole remaining defendant who has not appeared or been dismissed, Ronald D. Deaver, Trustee of the Ronald D. Deaver Revocable Trust, established September 1, 2014 ("Deaver"), but expects that service on Deaver can be effected within the next three weeks;

WHEREAS, since Deaver has not yet been served, his responsive pleading will not be due by the time of the July 1, 2015, scheduling conference;

WHEREAS, the Parties have not been able to meet and confer with Deaver to date as Deaver has not yet made an appearance in the action nor contacted counsel for the Parties;

NOW, THEREFORE, the Parties, by and through their respective counsel, stipulate to a continuance of the Mandatory Scheduling Conference currently set for July 1, 2015, to September 2, 2015, at 1:30 p.m., to allow time for Deaver to be served with the summons and complaint and to make an appearance, and for the Parties to meet and confer with Deaver and file a joint scheduling report.

ORDER

The parties having so stipulated and good cause appearing,

IT IS HEREBY ORDERED that the Mandatory Scheduling Conference currently set for July 1, 2015, is continued to September 2, 2015, at 1:30 p.m. in Courtroom 1. The parties shall file a joint scheduling report one week prior to the Scheduling Conference.

IT IS SO ORDERED.