Gilbert v. Dollar Tree Stores, Inc. ( 2021 )

1 Tanya E. Moore, SBN 206683 MOORE LAW FIRM, P.C. 2 300 South First Street, Suite 342 San Jose, California 95113 3 Telephone: (408) 298-2000 Facsimile: (408) 298-6046 4 Email: service@moorelawfirm.com 5 Attorney for Plaintiff, Darren Gilbert 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DARREN GILBERT, ) No. 1:21-cv-001042-NONE-BAM ) 12 Plaintiff, ) STIPULATION TO CONTINUE 13 ) SETTLEMENT CONFERENCE; ORDER vs. ) ) 14 DOLLAR TREE STORES, INC., et al., ) Date: October 27, 2021 15 ) Time: 9:30 a.m. ) Courtroom: 8 16 Defendants. ) Magistrate Judge Barbara A. McAuliffe ) ) 17 ) 18 Plaintiff Darren Gilbert (“Plaintiff”) and Defendants Dollar Tree Stores, Inc. and GGW- 19 Oakdale Partners, LLC (“Defendants,” and together with Plaintiff, the “Parties”), by and through 20 their counsel of record, hereby stipulate as follows: 21 WHEREAS, a Settlement Conference is presently set for October 27, 2021 before this 22 Court; 23 WHEREAS, Plaintiff has just learned that there are additional parties not named in the 24 First Amended Complaint which likely are responsible for certain areas of the subject property, 25 who must be named in the action in order for Plaintiff to obtain injunctive relief relating to those 26 areas, and thus the case is not yet ripe for settlement conference; 27 28 1 WHEREAS, Plaintiff intends to promptly seek leave to amend his complaint, either by 2 stipulation or by motion, to name the newly discovered parties as well as to allege additional 3 barriers to his access discovered during his October 19, 2021, noticed inspection of the subject 4 property, as urged and required by the Ninth Circuit (Chapman v. Pier 1 Imports (U.S.) Inc., 631 5 F.3d 939, 944 (9th Cir. 2011); Oliver v. Ralphs Grocery Co., 654 F.3d 903, 909 (9th Cir. 2011)); 6 NOW, THEREFORE, the Parties stipulate that the Settlement Conference presently set 7 for October 27, 2021, be continued by at least sixty days to a date convenient to the Court to 8 allow time for Plaintiff to amend his complaint and for the newly added defendants to appear in 9 the action. 10 IT IS SO STIPULATED. 11 12 Dated: October 22, 2021 MOORE LAW FIRM, P.C. 13 /s/ Tanya E. Moore 14 Tanya E. Moore Attorney for Plaintiff, 15 Darren Gilbert 16 17 Dated: October 22, 2021 GOLDEN LAW A.P.C. 18 /s/ Rachelle Taylor Golden 19 Rachelle Taylor Golden 20 Attorneys for Defendants, Dollar Tree Stores, Inc. and 21 GGW-Oakdale Partners, LLC 22 23 24 25 26 27 28 1 ORDER 2 The Parties having so stipulated and good cause appearing, 3 IT IS HEREBY ORDERED that the Settlement Conference presently set for October 4 27, 2021 is continued to January 6, 2022 at 10:00 a.m. in Courtroom 8 before the undersigned. 5 Updated confidential settlement conference statements shall be submitted no later than seven (7) 6 days prior to the settlement conference. 7 IT IS SO ORDERED. 8 9 Dated: October 22, 2021 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28