BENJAMIN B. WAGNER, United States Attorney, BENJAMIN E. HALL, Assistant United States Attorney, Fresno, CA, Attorneys for Defendant.
LAW OFFICES OF STEPHEN LABIAK, STEPHEN LABIAK, Attorney for Plaintiff.
STIPULATION AND ORDER TO CONTINUE SCHEDULING CONFERENCE
SHEILA K. OBERTO, Magistrate Judge.
The parties to this action hereby stipulate and request that the Mandatory Scheduling Conference set for November 5, 2013, be further continued to January 23, 2014, at 9:30 a.m. in Courtroom 7, for the reasons set forth below. Defendant has filed a Motion to Dismiss (Doc. 12), which the Court took under submission without oral argument by order dated August 27, 2013 (Doc. 16). In the motion, defendant asserts that the Complaint for Damages and Injunctive Relief: Lack of Reasonable Accommodation Under the Rehabilitation Act of 1973 [29 U.S.C. § 701 et seq. ] (Doc. 1) names an improper defendant, seeks relief under the wrong statute, demands relief not available as a matter of law, and asserts a claim over which the court lacks subject matter jurisdiction. The Court's resolution of the pending motion will determine the parties, claims and remedies that will be the subject of this litigation, if any, and the parties submit that the interests of judicial economy and economy to the parties therefore would be best served by the requested continuance.
Based on the parties' Stipulation, the Scheduling Conference presently set for November 5, 2013, is continued to January 23, ...