Opinion
Case No. 1:12-CV-01463-AWI-JLT
04-09-2013
William Ray Jones, Sr., Plaintiff, v. United Steelworkers, and DOES 1-10 Defendants.
JAY SMITH (CA Bar No. 166105) LINDA FANG (CA Bar No. 240245) NHU Q. LE (CA Bar No. 256999) GILBERT & SACKMAN A LAW CORPORATION Attorneys for United Steel, Paper & Forestry, Rubber, Manufacturing, Energy, Allied Industrial & Service Workers International Union, AFL-CIO, CLC.
WILLIAM RAY JONES, SR., PRO PER JAY SMITH (CA Bar No. 166105)
LINDA FANG (CA Bar No. 240245)
NHU Q. LE (CA Bar No. 256999)
GILBERT & SACKMAN
A LAW CORPORATION
Attorneys for United Steel, Paper & Forestry, Rubber, Manufacturing, Energy,
Allied Industrial & Service Workers International Union, AFL-CIO, CLC.
JOINT STIPULATION AND ORDER TO
CONTINUE SCHEDULING CONFERENCE
(Doc. 25)
Pursuant to L.R. 143 and 144, Plaintiff William Ray Jones, Sr. ("Plaintiff") on his own behalf and Defendant United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC ("Defendant") (collectively, "the Parties"), by and through its undersigned counsel, hereby stipulate as follows:
WHEREAS, the complaint in this action was filed on April 13, 2012 in Kern County Superior Court and removed to this District on September 7, 2012;
WHEREAS, this action is related to another action filed by Plaintiff against his former employer based on the same underlying set of facts as those asserted in this case, related to the termination of his employment, Jones v. Lehigh Southwest Cement Company, Inc., Case No. 1:12-cv-00633-AWI-JLT ("Lehigh case"). The Lehigh case was removed to this District on April 20, 2012 and assigned to the Honorable Anthony W. Ishii, the same presiding judge in the instant case. Lehigh's third Rule 12(b)(6) motion to dismiss is pending in that case and was scheduled for hearing on February 4, 2013;
WHEREAS, the February 4, 2013 hearing for Lehigh's motion to dismiss in the Lehigh case has been vacated, and the matter has been taken under submission as of February 26, 2013 (Dkt. # 54);
WHEREAS, as of the date of this stipulation, Judge Ishii has not yet ruled on Lehigh's motion;
WHEREAS, an Initial Scheduling Conference was held in this case on December 12, 2012, with both Parties present;
WHEREAS, in light of the pending motion to dismiss in the Lehigh case, and the possible impact it may have on the parties and claims in this action, the Court most recently continued the Scheduling Conference to April 18, 2013 to await Judge Ishii's ruling (Dkt. # 24);
WHEREAS, the Parties are required to submit to the Court an updated joint scheduling conference statement by April 11, 2013, and it is uncertain whether Judge Ishii will issue an order on Lehigh's motion to dismiss prior to that date or prior to April 18, 2013; and
WHEREAS, the Parties desire to conserve their own and the Court's limited resources and, therefore, request that the Court continue the April 18, 2013 Scheduling Conference to May 23, 2013 at 9:00 a.m., to await Judge Ishii's ruling on Lehigh's motion to dismiss.
THEREFORE, IT IS HEREBY STIPULATED by and between the Parties that the Scheduling Conference currently scheduled for April 18, 2013 be continued to May 23, 2013 at 9:00 a.m. in the above-entitled court.
IT IS SO STIPULATED.
Respectfully submitted,
GILBERT & SACKMAN, A Law Corporation
By: ________________________
Jay Smith
Linda S. Fang
Nhu Q. Le
Attorneys for Defendant United Steel, Paper & Forestry,
Rubber, Manufacturing, Energy, Allied Industrial & Service
Workers International Union, AFL-CIO, CLC
By:________________________
William R. Jones
Plaintiff in Pro Per
ORDER
Based on the foregoing joint stipulation, and good cause appearing, the Court hereby orders that:
1. The Scheduling Conference currently scheduled for April 18, 2013 at 9:00 a.m. is hereby vacated and continued to May 23, 2013 at 9:00 a.m. in the above-entitled court; and
2. The Parties shall file an updated joint scheduling conference statement no later than May 16, 2013. IT IS SO ORDERED.
Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE