JOINT STIPULATION TO CONTINUE THE TRIAL DATE FROM OCTOBER 3, 2017 TO OCTOBER 11, 2017 AND WAIVING A JURY; AND (PROPOSED) ORDER

ANTHONY W. ISHII, Senior District Judge.

Plaintiff Mission Linen Supply ("Mission Linen"), by and through its attorneys of record, Gualco Law and Lori J. Gualco, and Greben & Associates and Jan A. Greben, and Defendant City of Visalia ("City"), by and through its attorneys of record, Herr, Pedersen & Berglund LLP and Leonard C. Herr, (collectively the "Parties") having met and conferred on the issue of continuing the trial date from October 3, 2017 to October 11, 2017, and waiving the jury, hereby stipulate and agree that good cause exists for the continuation of the trial date in this case, and for waiving the jury trial.

Whereas, consistent with the Orders of the Court, [Documents 78 and 80] the Parties participated in a settlement conference with Magistrate Judge McAuliffe on September 13, 2017. The Parties did not reach a settlement in the case, but were able to meet and confer on trial issues during the settlement conference with the assistance of Magistrate Judge McAuliffe.

Whereas, legal counsel for the parties believe the administration of justice, resources of the court and the parties are better served by continuing the trial from October 3, 2017 to October 11, 2017 and by the Parties waiving their requests for a jury trial. The Parties also inform the Court that they will be meeting and conferring early in the week of September 18, 2017, to discuss narrowing the issues for trial and potentially withdrawing certain Motions in Limine currently pending.

Whereas, the Parties hereby stipulate and agree as follows:

1. The Parties have a hearing scheduled for September 18, 2017 on the Motions in Limine and the Jury Trial brief issues filed by Plaintiff Mission Linen and Defendant City. The Parties request that the Court reschedule the Motions in Limine to September 25, 2017 at 1:30 p.m. and vacate the Jury Trial brief issues motion on September 18, 2017, as that motion is moot with the waiving of the jury trial by the Parties. As to all other pre-trial deadlines, the Parties request that the Court move those deadlines to one week later.

2. A Jury Trial in this case is waived by Mission Linen and the City.

3. The Parties request a status conference be scheduled on September 25, 2017 at 1:30 p.m. to discuss pending trial issues with the Parties.

4. Plaintiff Mission and Defendant City agree that the trial scheduled for October 3, 2017 be continued to October 11, 2017 at 8:30 a.m. in the courtroom of Judge Anthony W. Ishii.

5. Plaintiff Mission and Defendant City jointly move for an order regarding the above dates.

ORDER

Based on the above Joint Stipulation of Plaintiff Mission Linen Supply and Defendant City of Visalia, IT IS HEREBY ORDERED that:

1. The Parties have a hearing scheduled for September 18, 2017 on the Motions in Limine and the Jury Trial brief issues filed by Plaintiff Mission Linen and Defendant City. The Court reschedules the Motions in Limine to September 25, 2017 at 1:30 p.m. and vacates the Jury Trial brief issues motion on September 18, 2017, as that motion is moot with the waiving of the jury trial by the Parties. As to all other pre-trial deadlines, the Court hereby moves those deadlines to one week later than the dates currently scheduled.

2. A Jury Trial in this case is waived by Mission Linen and the City.

3. A status conference is scheduled on September 25, 2017 at 1:30 p.m. to discuss pending trial issues with the Parties.

4. Trial scheduled for October 3, 2017 shall be continued to October 11, 2017, at 8:30 a.m. in the courtroom of Judge Anthony W. Ishii.

5. As soon as possible, but no later than 9:30 a.m. on Wednesday, September 20, 2017, the parties shall each inform the Court as to which currently pending motions will be withdrawn, and each party shall file a corresponding formal notice of withdrawal.

IT IS SO ORDERED.