Opinion
Case No. 1:11-cv-00724 MJS
02-20-2013
GENERAL SECURITY SERVICES CORPORATION, Plaintiff, v. COUNTY OF FRESNO, Defendant.
KEVIN B. BRIGGS County Counsel MICHAEL R. LINDEN Deputy County Counsel - State Bar No. 192485 FRESNO COUNTY COUNSEL Attorneys for Defendant COUNTY OF FRESNO
KEVIN B. BRIGGS
County Counsel
MICHAEL R. LINDEN
Deputy County Counsel - State Bar No. 192485
FRESNO COUNTY COUNSEL
Attorneys for Defendant
COUNTY OF FRESNO
STIPULATION TO MODIFY
SCHEDULING ORDER; ORDER
THEREON.
Plaintiff GENERAL SECURITY SERVICES CORPORATION (hereinafter "Plaintiff") and defendant COUNTY OF FRESNO (hereinafter "Defendant") hereby present the following Stipulation to Modify the current Scheduling Order in the above-captioned action to continue the existing trial date.
RECITALS
WHEREAS, on September 29, 2011, the Court issued its initial Scheduling Order. In said order, the trial was set for January 29, 2013.
WHEREAS, on October 14, 2011, the parties consented to have Magistrate Judge Michael J. Seng be the judge for all purposes in this case.
WHEREAS, on June 14, 2012, the Court issued an order, pursuant to the parties' stipulation, to continue the existing trial date to April 1, 2013.
WHEREAS, on February 19, 2013, counsel for parties tentatively agreed on behalf of their clients to engage in a settlement process. Under this process, the parties will first meet and confer to determine the extent of the existing controversy. Once this determination is made, it is the intention of the parties to engage in private mediation. Due to the large number of pieces of electronic monitoring equipment subject to Plaintiff's overall claim, the factual inquiry needed for the settlement process will be extensive. As such, the parties believe that the current trial date of April 1, 2013 leaves insufficient time for this process.
WHEREAS, on February 19, 2013, counsel for the parties conferred regarding a new trial date. Based on the time needed for the above-described settlement process, and the existing schedules for counsel, it was agreed that a trial date in late-July or early-August of 2013 would be proposed.
WHEREAS, on February 19, 2013, counsel for Defendant contacted Laurie Yu, the Courtroom Deputy for Judge Seng, concerning the parties' proposed stipulation and order. Ms. Yu represented that the parties could propose August 6, 2013, as the new trial date.
STIPULATION
Now, therefore, IT IS HEREBY STIPULATED AND AGREED, by and between the parties, through their respective attorneys of record that:
1. The existing trial date of April 1, 2013 will be vacated, and the case will be set for trial on August 6, 2013, at 8:30 a.m., in Courtroom 6 of the United States District Court in Fresno, California.
2. The Court will set a pre-trial conference on a date in early-July of 2013.
IT IS SO STIPULATED.
KEVIN B. BRIGGS
County Counsel
By: __________
Michael R. Linden, Deputy
Attorneys for Defendant
VAUGHN LEGAL GROUP
By: _____
Barak Vaughn
Attorney for Plaintiff
ORDER
GOOD CAUSE APPEARING, the parties' Stipulation is accepted and made the Order of the Court. Trial in this matter is continued from April 1, 2013, until August 6, 2013, at 8:30 a.m., in Courtroom 6 of the United States District Court in Fresno, California. A pre-trial conference will be held June 28, 2013, at 9:30 a.m. in said Courtroom 6.
IT IS SO ORDERED.
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE