Free Motion to Continue - District Court of California - California

Case 3:07-cv-02125-W-AJB

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Filed 02/06/2008

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Lynn Hubbard, III, SBN 69773 Scottlynn J Hubbard, IV, SBN 212970 LAW OFFICES OF LYNN HUBBARD 12 Williamsburg Lane Chico, CA 95926 Telephone: (530) 895-3252 Facsimile: (530) 894-8244 Attorney for Plaintiff

THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

Chris Kohler, Plaintiff, vs. PETCO Animal Supplies Stores, Inc. dba Petco #927, et al., Defendants.

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Case No. 07cv2125 W (AJB) Joint Motion to Continue the Early Neutral Evaluation Conference

Honorable Anthony J. Battaglia

Kohler v. Petco Animal Supplies Stores, Inc., et al., Case No. 07cv2125 W (AJB) Joint Motion to Continue the Early Neutral Evaluation Conference

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Case 3:07-cv-02125-W-AJB

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Filed 02/06/2008

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It is hereby stipulated by and between Plaintiff, Chris Kohler, and Defendant PETCO Animal Supplies Stores, Inc. and their respective counsel (collectively, "the Parties), that the date for the Early Neutral Evaluation Conference ("ENE") be continued at least twenty-one (21) days. The Parties make this request for the following reasons: 1. On February 5, 2008, Judge Whelan granted the Joint Motion to Amend the Complaint. Plaintiff anticipates filing his First Amended Complaint ("FAC") by the close of business on February 6, 2008. The FAC will name a new defendant, the property management company responsible for maintaining the parking lot and common areas at the property that is the subject of this lawsuit. Plaintiff further anticipates serving the FAC on the new defendant within two weeks of filing. 2. The Parties believe that all of the parties to the action, including the new defendant, must participate in an ENE, and likewise an on-site meet and confer, for those events to be useful. Without all parties, those events would be meaningless and would force the parties to incur additional attorney fees and costs unjustifiably. 3. Accordingly, the Parties respectfully submit that it would be counterproductive to hold an ENE at this time, and jointly move that the ENE conference (and all related dates) be continued for at least twenty-one (21) days, to a date chosen by the Court. Dated: February 6, 2008 LAW OFFICES OF LYNN HUBBARD /s/ Lynn Hubbard, III LYNN HUBBARD, III Attorney for Plaintiff Chris Kohler

Dated: February 5, 2008

MAZZARELLA CALDARELLI LLP

/s/ Michael D. Fabiano MICHAEL D. FABIANO Attorney for Defendant PETCO Animal Supplies Stores, Inc.
Kohler v. Petco Animal Supplies Stores, Inc., et al., Case No. 07cv2125 W (AJB) Joint Motion to Continue the Early Neutral Evaluation Conference

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