Opinion
No. 1:11 -CV-00726-AWI-GSA
10-06-2011
RONALD MOORE, Plaintiff, v. NIJHAVAN VINOD dba HANDI STOP MARKET, DUSHAN S. BALICH as TRUSTEE OF THE DUSHAN S. BALICH LIVING TRUST, Defendants.
MOORE LAW FIRM, P.C. Tanya E. Moore, Attorneys for Plaintiff Ronald Moore FISHER & PHILLIPS LLP James C. Fessenden, Attorneys for Defendant Vinod Nijhavan dba Handi Stop Market
K. Randolph Moore, SBN 106933
Tanya E. Moore, SBN 206683
MOORE LAW FIRM, P.C.
Attorneys for Plaintiff
Ronald Moore
STIPULATION TO CONTINUE MANDATORY SCHEDULING CONFERENCE; ORDER
WHEREAS, on June 17, 2011, counsel for Defendant Vinod Nijhavan dba Handi Stop Market ("Defendant") filed an answer ("Answer") on behalf of all presently named defendants in this action including Defendant Dushan S. Balich as Trustee of the Dushan S. Balich Living Trust ("Balich");
WHEREAS, at the time the Answer was filed, Plaintiff Ronald Moore ("Plaintiff") had not yet effected service of the summons and complaint on Balich. Once the Answer was filed on behalf of Balich, Balich had appeared and no service was necessary to effect the Court's personal jurisdiction over Balich and thus Plaintiff ceased his efforts to serve Balich;
WHEREAS, on July 22, 2011, counsel for Defendant filed a Notice of Errata stating that it had inadvertently and incorrectly filed an Answer on behalf of Balich, and re-filing a new answer on behalf of Defendant only;
WHEREAS, Plaintiff served Balich on July 30, 2011;
WHEREAS, Plaintiff has subsequently learned that Balich is not a proper party to this action, and has filed a notice of voluntary dismissal of Balich and is also amending his complaint to allege the proper party (by stipulation with Defendant);
WHEREAS, the Mandatory Scheduling Conference is currently set for October 12, 2011 which will not provide Plaintiff with enough time to effect service on the new, proper defendant, or for the new defendant to appear;
IT IS HEREBY STIPULATED by and between Plaintiff and Defendant, by and through their respective counsel, that the Mandatory Scheduling Conference in this matter be continued to a date after November 28, 2011 in order to allow time for filing his amended complaint, service on the new defendant, for the newly named defendant to appear in this matter, and for the parties to meet and confer.
MOORE LAW FIRM, P.C.
Tanya E. Moore,
Attorneys for Plaintiff Ronald Moore
FISHER & PHILLIPS LLP
James C. Fessenden,
Attorneys for Defendant Vinod Nijhavan
dba Handi Stop Market
ORDER
The parties having so stipulated and good cause appearing therefor,
IT IS HEREBY ORDERED that the Mandatory Scheduling Conference currently set for October 17, 2011 be continued to November 30, 2011, at 9:30 a.m. in Courtroom 10 before Magistrate Judge Gary S. Austin. The parties shall submit their Joint Scheduling Report one week prior to the conference. IT IS SO ORDERED.
Gary S. Austin
UNITED STATES MAGISTRATE JUDGE