ADP Commercial Leasing, LLC et al v. M.G. Santos, Inc. et al

Filing 61

STIPULATION and ORDER re Proposed New Dates. The parties' proposed schedule modification is GRANTED. Non-Expert Discovery Cutoff: 5/23/2014. Expert Disclosure 5/30/2014; Rebuttal Expert Disclosure 6/13/2014. Expert Discovery Cutoff 7/25/20 14. Non-Disp. Motion filing deadline 7/31/2014. Non-Disp. Motion hearing deadline 9/3/2014. Dispositive Motion filing deadline 7/31/2014. Dispositive Motion hearing deadline 9/18/2014. Settlement Conference currently set for 2/24/2014, is CONTINUED TO 4/21/2014, at 10:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Pretrial Conference currently set for 8/13/2014, is CONTINUED TO 11/13/2014, at 08:15 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. Jury Trial currently set for 9/16/2014, is CONTINUED TO 1/13/2015, at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. Order signed by Magistrate Judge Sheila K. Oberto on 2/5/2014. (Timken, A)

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ROBERT H. NUNNALLY, JR. SBN 134151
[e-mail]
WISENER NUNNALLY GOLD, LLP
245 Cedar Sage, Suite 240
Garland, Texas 75040
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs ADP
Commercial Leasing, LLC, ADP
Dealer Services, Inc., and IP Networked
Services, Inc.

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

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ADP COMMERCIAL LEASING, LLC, :
a Delaware limited liability company, :
ADP DEALER SERVICES, INC.,
:
a Delaware corporation, and
:
IP NETWORKED SERVICES, INC., :
A Delaware corporation,
:
Plaintiffs,
:
:
vs.
:
:
M.G. SANTOS, INC., a California
:
corporation, which does business as
:
Toscano RV Center , West Side Sales :
Co.,Inc. which does business as
:
Westside Ford, and BONESSA
:
ENTERPRISES, INC., which does
business as Toscano RV Outlet

Case No.: 1:13-CV-00587-LJO-SKO
THE PARTIES’ STIPULATION AS
TO PROPOSED NEW DATES;
ORDER THEREON

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Defendants.
AND RELATED CROSS
ACTIONS__________

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The Parties’ Stipulation as to Proposed New Dates; ORDER THEREON

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All parties to this suit, ADP Commercial Leasing, LLC, ADP Dealer

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Services, Inc., IP Networked Services, Inc., the Plaintiffs, and M.G. Santos, Inc.,

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West Side Sales Co., Inc. and Bonessa Enterprises, Inc., the Defendants, who have

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also filed Counter-claims or Cross-Claims, and Michael Santos, Marion Santos and

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Henry J. Flores, Cross-Defendants, hereby stipulate that:

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1. This stipulation is filed because good cause exists to amend the Scheduling

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Order previously entered by the Court on November 6, 2013 (the

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“Scheduling Order”), in light of the Minute Order signed by Magistrate

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Sheila K. Oberto on January 28, 2014. The mediation held on February 3,

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2014 did not resolve the case, though the issues on the cross-claim by

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Bonessa Enterprises, Inc. against the Cross-claim Defendants did resolve at

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mediation, subject to documentation and performance of the obligations of

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an agreement at mediation.

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2. The parties request that deadlines and settings listed below on the
Scheduling Order, be reset as set forth below.
3. The parties respectfully request that the Court enter an amended Scheduling

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Order, moving the listed deadlines and settings:

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Discovery Deadlines:

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Non Expert Discovery: May 23, 2014

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Expert Disclosures: May 30, 2014

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Supplemental Expert Disclosures: June 13, 2014

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Expert Discovery: July 25, 2014

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Non-Dispositive Motions Deadlines:

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Filing: July 31, 2014

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Hearing: September 4, 2014

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Dispositive Motions Deadlines:

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Filing: July 31, 2014

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The Parties’ Stipulation as to Proposed New Dates; ORDER THEREON

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Hearing: September 12, 2014
Settlement Conference before Judge Boon:
Available date near April 24, 2014, at 10:00 a.m.
Courtroom 9

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Pre-Trial Conference:

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October 17, 2014, at 8:30 a.m.

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Courtroom 4

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Trial:
December 9, 2014, at 8:30 a.m.

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Courtroom 4

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7-10 Trial Days

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4. The parties stipulate to entry of an amended Scheduling Order re-setting the
dates as set forth in paragraphs 2 and 3.
So stipulated:
WISENER NUNNALLY GOLD, LLP
/s/ Robert H. Nunnally, Jr.
Robert H. Nunnally, Jr.
California SBN 134151
245 Cedar Sage, Suite 240
Garland, Texas 75040
[phone]
Fax: [phone]
E-mail: [e-mail] Attorneys for Plaintiffs

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The Parties’ Stipulation as to Proposed New Dates; ORDER THEREON

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/s/ Charles L. Belkin (signed with permission granted on February 5, 2014)
Charles L. Belkin SBN 104215
[e-mail]
Attorney & Counselor at Law
P.O. Box 242
Patterson, CA 95363
Telephone: [phone]
Facsimile: (209)_ 826 7963
Attorney for Defendants M.G. Santos, Inc. DBA
Toscano RV Center, and West Side Sales Co., Inc.
DBA Westside Ford and Cross-Defendants
Marion Santos. Michael Santos and Henry J. Flores

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SILICON VALLEY LAW GROUP

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/s/Michael W. Stebbins (signed by permission granted on February 5, 2014)
Michael W. Stebbins SBN 138326
[e-mail]
25 Metro Drive, Suite 600
San Jose, CA 95110
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant/Cross-Complainant
BONESSA ENTERPRISES, INC

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The Parties’ Stipulation as to Proposed New Dates; ORDER THEREON

ORDER

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The parties' proposed schedule modification is GRANTED as set forth below:

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1.

Settlement Conference

April 21, 20141
Courtroom 9 at 10:30 a.m.
U.S. Magistrate Judge Boone

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2.

Non-Expert Discovery Cutoff:

May 23, 2014

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3.

Expert Disclosure

May 30, 2014

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4.

Rebuttal Expert Disclosure

June 13, 2014

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Expert Discovery Cutoff

July 25, 2014

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Non-Disp. Motion filing deadline

July 31, 2014

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Non-Disp. Motion hearing deadline

September 3, 20142

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Dispositive Motion filing deadline

July 31, 2014

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Dispositive Motion hearing deadline

September 18, 20143

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9.

Pretrial Conference

November 13, 20144

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10.

Trial

January 13, 2015

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IT IS SO ORDERED.

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Dated:

February 5, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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The parties requested an April 24, 2014, date for a settlement conference; this date has been adjusted to
accommodate Judge Boone's calendar.

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The parties requested a non-dispositive hearing deadline of September 4, 2013; this date has been changed to
September 3, 2014, which is the day Judge Oberto hears civil law and motion.
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The parties requested a September 12, 2014, dispositive hearing deadline; this deadline has been adjusted to
September 18, 2014, to comport with Judge O'Neill's calendar.

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The parties requested October 17, 2014 for the pretrial conference and December 9, 2014, for the trial; however,
these deadlines have been adjusted to November 13, 2014, for the pretrial conference and January 13, 2015, for the
trial to comport to Judge O'Neill's calendar. Should the parties' wish to consent to the jurisdiction of the Magistrate
Judge, an earlier trial date could be accommodated.

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The Parties’ Stipulation as to Proposed New Dates; ORDER THEREON

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The Parties’ Stipulation as to Proposed New Dates; ORDER THEREON