Opinion
1:20-CV-00660-NONE-SKO
09-24-2021
CHERYL NARAIN, Plaintiff, v. MAC COSMETICS, a Delaware Limited Liability Company, and DOES 1-25, inclusive, Defendants.
SODHI LAW GROUP JAKRUN S. SODHI SBN 200851 AMEET S. BIRRING SBN 297118 Attorneys for Plaintiff CHERYL NARAIN JACKSON LEWIS P.C. NATHAN W. AUSTIN SBN 219672 BAILEY MCCABE SBN 322098 Attorneys for Defendants MAC COSMETICS
Complaint Filed 12.19.19
Removed 05.11.20
SODHI LAW GROUP
JAKRUN S. SODHI SBN 200851
AMEET S. BIRRING SBN 297118
Attorneys for Plaintiff CHERYL NARAIN
JACKSON LEWIS P.C.
NATHAN W. AUSTIN SBN 219672
BAILEY MCCABE SBN 322098
Attorneys for Defendants MAC COSMETICS
JOINT STIPULATION AND TO AMEND SCHEDULING ORDER
DOC. 11
SHEILA K. OBERTO, UNITED STATES MAGISTRATE JUDGE
Pursuant to Federal Rule of Civil Procedure 16b4 and Local Rules 143 and 144d, and for good cause shown, Plaintiff CHERYL NARAIN “Plaintiff” and Defendant MAC Cosmetics “Defendant”, by and through their respective attorneys of record, stipulate and agree as follows
1. This case was filed on December 12, 2019 in Stanislaus Superior Court No. CV-19-007574.
2. There was a delay in service of the complaint and Defendant removed the case on May 11, 2020 Docket No. 1.
3. The parties have actively litigated this case.
4. As a result of Defendant's continued investigation into the claims alleged by Plaintiff, the parties have recently become aware of facts that may lead to the resolution of this case and be dispositive as to the claims alleged in this action.
5. In an effort to conserve judicial resources and those of the parties, counsel are meeting and conferring to discuss these facts, the relative merits of the claims at issue in this action, and whether this action should be dismissed by stipulation.
6. Plaintiff's counsel cannot meet with Plaintiff until September 21, 2021 to discuss the merits of this matter.
7. The deadline for filing dispositive and non-dispositive motions is September 21, 2021, and a Settlement conference is set for December 9, 2021 Doc. No. 7.
8. Defendant believes there are strong grounds for filing a dispositive motions in this action.
9. If the parties are unable to come to an agreement about dismissing this action, the parties agree that Defendant's right to file a dispositive motions should not be prejudiced by an unavoidable delay in the parties' meet and confer efforts.
10. Similarly, the parties wish to avoid burdening the Court with unnecessary motion if the parties are able to resolve this dispute amongst themselves by stipulation.
11. The parties are requesting that the deadlines for filing dispositive and non-dispositive motions be continued for sixty 60 days, or as otherwise provided by the Court, while the parties meet and confer to discuss the potential voluntary dismissal of this matter. If the parties' meet and confer efforts are unsuccessful, Defendant will file dispositive motions.
12. The parties will not be prejudiced by a continuance of the current pre-trial deadlines. NOW THEREFORE, the parties, through their respective counsel, jointly propose and stipulate to the following the deadlines in the Pretrial Scheduling Order previously set forth by the Court shall be revised as follows, or set on such other dates as the Court determines
| Event | Current Date | Proposed New Date |
| Non-Dispositive Motion Deadline | September 27, 2021 | November 26, 2021 |
| Dispositive Motion Deadline | September 27, 2021 | November 26, 2021 |
ORDER
Pursuant to the parties' above stipulation (Doc. 11), and for good cause shown, the deadlines in the Scheduling Order (Doc. 6) are hereby MODIFIED as follows:
| Event | Prior Date | Continued Date |
| Non-Dispositive Motion Filing | September 27, 2021 | November 29, 2021 |
| Non-Dispositive Motion Hearing | October 27, 2021 | December 29, 2021 |
| Dispositive Motion Filing | September 27, 2021 | November 29, 2021 |
| Pretrial Conference | February 23, 2022 |
The Court has continued the pretrial conference to allow adequate time for the Court to rule on the parties' dispositive motions and to permit the parties sufficient time to prepare their pretrial submissions.
IT IS SO ORDERED.