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Chapman v. Valero California Retail Co.

THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


July 27, 2010

BYRON CHAPMAN, PLAINTIFF,
v.
THEREON VALERO CALIFORNIA RETAIL COMPANY DBA VALERO CORNER STORE #3006, ET AL., DEFENDANT.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

Scheduling Conference and Order Thereon Date: August 5, 2010 Time: 9:30 a.m. Ctrm: 10, 6th Floor

Plaintiff's Request to Continue the Scheduling Conference

Plaintiff hereby requests that the date for the Scheduling Conference, currently scheduled for August 5, 2010, be continued to September 8, 2010, or in the alternative, a date convenient for the court. Plaintiff makes this request based on the fact that defendant, Valero California Retail Company dba Valero Corner Store #3006 ("Valero"), was served on July 21, 2010, but has not yet appeared. Defendant Valero's answer to the complaint is due on or before August 11, 2010. Additionally, upon receipt of a letter from counsel for Valero, Plaintiff anticipates voluntarily dismissing the Pierucci defendants.

If the Scheduling Conference is continued, it would allow plaintiff and defendant time to properly meet and confer concerning the Joint Scheduling Report by August 20, 2010, and subsequently file the Joint Scheduling Report by September 2, 2010.

Therefore, plaintiff respectively submits that it would be counter productive to file a status report or hold a status conference at this time.

ORDER

GOOD CAUSE HAVING BEEN SHOWN, IT IS HEREBY ORDERED that the scheduling conference be continued to September 8, 2010 at 9:30 a.m. with the Joint Scheduling Report to be filed seven (7) days prior to the conference.

20100727

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