Filed: Jan. 16, 2018
Latest Update: Jan. 16, 2018
Summary: STIPULATION TO AMEND SCHEDULING ORDER; ORDER ERICA P. GROSJEAN , Magistrate Judge . Plaintiff, Jose Trujillo ("Plaintiff"), and Defendant, Garrison Tulare LLC ("Garrison," and together with Plaintiff, "the Parties") 1 , together request that the Court amend the current deadlines set by this Court's Scheduling Order, dated September 19, 2017 (Dkt. 14) ("Scheduling Order") as follows: WHEREAS, the Scheduling Order sets a deadline to request leave to amend the pleadings of January 12, 2018,
Summary: STIPULATION TO AMEND SCHEDULING ORDER; ORDER ERICA P. GROSJEAN , Magistrate Judge . Plaintiff, Jose Trujillo ("Plaintiff"), and Defendant, Garrison Tulare LLC ("Garrison," and together with Plaintiff, "the Parties") 1 , together request that the Court amend the current deadlines set by this Court's Scheduling Order, dated September 19, 2017 (Dkt. 14) ("Scheduling Order") as follows: WHEREAS, the Scheduling Order sets a deadline to request leave to amend the pleadings of January 12, 2018, a..
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STIPULATION TO AMEND SCHEDULING ORDER; ORDER
ERICA P. GROSJEAN, Magistrate Judge.
Plaintiff, Jose Trujillo ("Plaintiff"), and Defendant, Garrison Tulare LLC ("Garrison," and together with Plaintiff, "the Parties")1, together request that the Court amend the current deadlines set by this Court's Scheduling Order, dated September 19, 2017 (Dkt. 14) ("Scheduling Order") as follows:
WHEREAS, the Scheduling Order sets a deadline to request leave to amend the pleadings of January 12, 2018, and prior to amending his complaint, Plaintiff must inspect the subject property to identify whether any additional barriers to his access exist;
WHEREAS, Plaintiff properly noticed a site inspection which was to take place on October 23, 2017, but Defendants had a scheduling conflict, and Styles for Less, Inc. subsequently filed for bankruptcy, so the date was continued to January 15, 2018;
WHEREAS, the Parties have been engaging in settlement discussions and are optimistic that a settlement will be reached in the near future;
WHEREAS, the Parties have agreed to a continuance of the site inspection to allow the Parties to exhaust settlement efforts;
WHEREAS, the Parties have agreed to continue the deadline to amend the complaint in order for Plaintiff's consultant to conduct the inspection and prepare his findings, for Plaintiff to review those findings and prepare his amended complaint, for Plaintiff to provide the proposed amendment to Garrison so that it can consider stipulating to the amendment, and for Plaintiff to prepare a motion for leave to amend if Garrison does not stipulate;
NOW, THEREFORE, THE PARTIES, THROUGH THEIR RESPECTIVE COUNSEL, HEREBY STIPULATE AND AGREE to amend the Scheduling Order to extend the deadline to request leave to amend the pleadings to March 30, 2018.
All other requirements set forth in the Scheduling Order relating to the above shall remain unchanged, including the pre-trial and trial dates.
ORDER
The Parties having so stipulated and good cause appearing,
IT IS HEREBY ORDERED that the Scheduling Order, dated September 19, 2017 (Dkt. 15), is amended to extend the deadline for the Parties to seek leave to amend the pleadings to March 30, 2018.
All other requirements set forth in the Scheduling Order relating to the above shall remain unchanged, including the pre-trial and trial dates.
IT IS SO ORDERED.
