Opinion
Case No. 2:05-CV-02459-LKK-JFM.
February 2, 2006
CHARLES S. PAINTER (SBN 89045), REGINALD A. DUNN (SBN 192632), ERICKSEN, ARBUTHNOT, KILDUFF, DAY LINDSTROM, INC. Sacramento, CA, Attorneys for Defendants BARBARA ANN CORTLAND; ROBERT HOWARD DRITZ; MARGARET JEAN DRITZ-WEINBERG; JANICE ELLEN WATERMAN; individually and as co-trustees of the THEODORE DRITZ REVOCABLE TRUST
LAW OFFICES OF SCOTT N. JOHNSON SCOTT N. JOHNSON, Plaintiff in propria persona
STIPULATION TO CONTINUE STATUS (PRETRIAL SCHEDULING) CONFERENCE; AND ORDER THEREON
COME NOW, plaintiff, SCOTT N. JOHNSON, ESQ, in propria persona, and defendants BARBARA ANN CORTLAND; ROBERT HOWARD DRITZ; MARGARET JEAN DRITZ-WEINBERG; JANICE ELLEN WATERMAN; individually and as co-trustees of the THEODORE DRITZ REVOCABLE TRUST, by and through their attorney of record, CHARLES S. PAINTER of ERICKSEN, ARBUTHNOT, KILDUFF, DAY LINDSTROM, and submit the following stipulation for the court's consideration:
WHEREAS, this litigation arises out of allegations of violations of the Americans with Disabilities Act.
WHEREAS, on December 5, 2005, plaintiff filed a complaint and named as defendant, THEODORE D. DRITZ as trustee of the THEODORE DRITZ REVOCABLE TRUST, and attempted to serve said complaint on THEODORE D. DRITZ as the trustee of the THEODORE DRITZ REVOCABLE TRUST.
WHEREAS plaintiff's attempted service upon THEODORE D. DRITZ as trustee of the THEODORE DRITZ REVOCABLE TRUST was invalid because THEODORE D. DRITZ died on May 11, 2004.
WHEREAS, on January 18, 2006, plaintiff amended his complaint to name the successor trustees as defendants.
WHEREAS, the successor trustees have authorized CHARLES S. PAINTER of ERICKSEN, ARBUTHNOT, KILDUFF, DAY LINDSTROM to accept service of the First Amended Summons and First Amended Complaint on their behalf.
WHEREAS, the First Amended Complaint was served on Mr. Painter on January 18, 2006.
WHEREAS, Defendants' responsive pleading is due on February 10, 2006 which is after the date set by this court for the February 6, 2006 Status (Pretrial Scheduling) Conference;
WHEREAS, the parties are presently attempting to resolve this matter and request additional time prior to any Status Conference to make a good faith effort at settling this matter.
IT IS HEREBY STIPULATED that the Status (Pretrial Scheduling) Conference currently scheduled for February 6, 2006, be continued for sixty to ninety days.