MAUREEN E. McCLAIN, Bar No. 062050, LINDBERGH PORTER, Bar No. 100091, CONSTANCE E. NORTON, Bar No. 146365, ALISON CUBRE, Bar No. 257834, LITTLER MENDELSON, P.C., San Francisco, CA, Attorneys for Defendant DOLLAR TREE STORES, INC.
JEFFREY D. FULTON, Bar No. 206466, NATALYA GRUNWALD, Bar No. 265084, LAW OFFICE OF JEFFREY D. FULTON, Sacramento, California, Attorney for Plaintiff, DAVID TROWBRIDGE.
STIPULATION AND ORDER TO SET SETTLEMENT CONFERENCE BEFORE MAGISTRATE JUDGE NEWMAN
MORRISON C. ENGLAND, Jr., Chief District Judge.
TO THE HONORABLE COURT AND THE CLERK OF THE COURT:
Plaintiff David Trowbridge ("Plaintiff") and Defendant Dollar Tree Stores, Inc. ("Dollar Tree"), by and through their respective counsel of record, hereby stipulate and request that the Court enter an Order as follows:
WHEREAS, Plaintiff filed a Complaint on December 8, 2011, as Plaintiffs Thomas Allen, Sean Guilfoyle, David Trowbridge, and Paul Chapman v. Defendants Dollar Tree Stores, Inc., and Does 1 through 100, inclusive, before the Superior Court of the County of Sacramento, Case Number XX-XXXX-XXXXXXXX;
WHEREAS, Dollar Tree removed Plaintiffs' Complaint on January 13, 2012, to the United States District Court for the Eastern District of California, Case Number 2:12-CV-00121-GEB-CKD, and on February 3, 2012 moved to sever the cases of Thomas Allen, Sean Guilfoyle, and David Trowbridge, while remanding the case of Paul Chapman;
WHEREAS the Court granted Dollar Tree's motion to sever on March 20, 2012, and the Court designated the actions in pertinent part as Sean Guilfoyle v. Dollar Tree Stores, Inc., Case No. 2:12-CV-00703 GEB CKD and David Trowbridge v. Dollar Tree Stores, Inc., Case No. 2:12-CV-00704 MCE AC. Both Plaintiffs in the Guilfoyle and Trowbridge actions are represented by the same attorney, Law Office of Jeffrey D. Fulton;
WHEREAS, both the Chapman and Allen actions have been dismissed with prejudice;
WHEREAS, on November 27, 2013, Dollar Tree shall file a Motion for Summary Judgment in this action, with a hearing date of January 23, 2014 at 9:00 a.m.;
WHEREAS, the parties conferred and agreed to engage in settlement discussions before further motion practice and pre-trial preparation, and further agreed that for expediency and cost efficiencies the Guilfoyle and Trowbridge actions could be mediated at the same conference;
WHEREAS, the parties further agreed to request Magistrate Judge J. Kendall Newman as a settlement judge, and attempted to coordinate a date for settlement conference on December 16 or 17, 2013, to correspond with the Pre-Trial Conference in the Guilfoyle action; however, Magistrate Judge Newman was unavailable on those dates; Stipulation And [Proposed] Order To Set Settlement Conference Before Magistrate Judge Newman 1. Case No. 2:12-CV-00704 MCE AC
WHEREAS, Plaintiffs are not available for a settlement conference the weeks of January 20 or 27, 2014, but all parties and party representatives, their counsel and Magistrate Judge Newman are available for a settlement conference on January 14, 2014;
In light of the foregoing, the parties respectfully request that the Court issue an Order granting their request to schedule a Settlement Conference before Magistrate Judge J. ...