MP Nexlevel of CA, Inc. v. CVIN, LLC, et al.

Filing 372

STIPULATION and ORDER GRANTING the parties' request to continue various pre-trial dates as follows: Non-Expert and Expert Discovery due by 1/20/2017; Non-Dispositive Motions filed by 1/20/2017; Dispositive Motions filed by 2/17/2017; Pre-trial Conference set for 5/25/2017 at 8:15 AM before Chief Judge Lawrence J. O'Neill; and Jury/Bench Trials set for 7/25/2017 at 8:30 AM before Chief Judge Lawrence J. O'Neill. Order signed by Magistrate Judge Erica P. Grosjean on 6/22/2016. (Rooney, M)

1 DOWLING AARON INCORPORATED
Steven D. McGee (State Bar No. 71886)
2 [e-mail]
Matthew R. Dildine (SBN 258685)
3 [e-mail]
8080 North Palm Avenue, Third Floor
4 Fresno, CA 93729-8902
Telephone: [phone]
5 Facsimile: 559-432-4590
6 William T. Eliopoulos (State Bar No. 100633)
[e-mail]
7 Kaveh Badiei (State Bar No. 215179)
[e-mail]
8 RUTAN & TUCKER, LLP
Five Palo Alto Square
9 3000 El Camino Real, Suite 200
Palo Alto, CA 94306-9814
10 Telephone: [phone]
Facsimile: 650-320-9905
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Attorneys for Defendant and Counter and Cross12 Claimant
CVIN, LLC
UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

16 MP NEXLEVEL of California, Inc.,
Plaintiff,

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vs.

19 CVIN, LLC dba VAST NETWORKS, ET
AL,
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Defendants.
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Case No. 1:14-cv-00288-LJO-GSA
STIPULATION TO CONTINUE
VARIOUS PRE-TRIAL DATES; AND
ORDER
Date Action Filed: February 28, 2014
Trial Date:
July 25, 2017

22 AND RELATED COUNTER, CROSS-,
AND THIRD-PARTY CLAIMS.
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WHEREAS Plaintiff MP Nexlevel of California, Inc. (“MPN”) has requested
modification and extension of existing case deadlines for the completion of discovery and
the filing of motions as a result of Defendant CVIN, LLC’s (“CVIN”) delayed production
of emails for the document production supplementation deadlines set forth in the Court’s
-12395/031672-0001
9765655 a06/15/16

STIPULATION TO CONTINUE VARIOUS PRE-TRIAL DATES; AND
ORDER

1 March 2, 2016 discovery Order;
WHEREAS counsel for MPN and CVIN agreed to the extension of dates set forth

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3 herein before and during an informal discovery conference with Magistrate Judge Grosjean
4 on June 7, 2016, during which Judge Grosjean indicated that good cause existed for an
5 extension of the discovery and motion filing deadlines, and that such deadlines could and
6 should be extended provided the May 25, 2017 Pretrial Conference and July 25, 2017 Trial
7 date remain unchanged and the modified schedule included at least ninety days between
8 the motions filing deadlines and the May 25, 2017 Pretrial Conference;
WHEREAS CVIN has represented that it intends to complete the supplemental

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10 production required under the March 2, 2016 discovery Order by July 22, 2016;
WHEREAS MPN maintains that its ability to conduct and complete required

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12 depositions and other discovery by the modified deadlines set forth herein is dependent on
13 CVIN’s completion of the Court ordered supplemental production by no later than July 22,
14 2016;
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WHEREAS in response to the Court’s Minute Order of June 7, 2016 (Doc 349)

16 counsel for Defendant and Counter and Cross-Claimant, CVIN, LLC, Plaintiff, MP
17 Nexlevel of California, Inc., Third-Party Defendant Western Surety Company, Defendants,
18 Calaveras

Communications

Company,

Cal-Ore

Telephone

Co.,

Consolidated

19 Communications Holdings, Inc., Ducor Telephone Company, Mohave Investment, LLC,
20 Sebastian Enterprises, Inc., Sierra Tel Broadband, Sierra Tel Communications Group,
21 Stageline Communications, Inc., Surewest Fiber Ventures, LLC, The Ponderosa Telephone
22 Company, Varcomm, Inc., Varnet, Inc., Volcano Communications Company, and Volcano
23 Telecom, Inc., Third-Party Defendant and Cross-Claimant, JK Communications &
24 Construction, Inc. dba Kleven Construction; and Defendant, George Valentinez
25 (collectively, the “Parties”), met and conferred regarding the subject-matter of this
26 Stipulation and reached agreement thereto;
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-22395/031672-0001
9765655 a06/15/16

STIPULATION TO CONTINUE VARIOUS PRE-TRIAL DATES; AND
ORDER

IT IS HEREBY STIPULATED by and between the Parties, by and through their

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2 counsel of record, that good cause exists for the extension of the pre-trial dates noted
3 below:
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Existing Deadlines (Doc 257)

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Expert Discovery Cutoff:

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August 11, 2016

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Nonexpert Discovery Cutoff:

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August 11, 2016

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New (Proposed) Deadlines

Nondispositive Motion Filing

January 20, 2017

January 20, 2017

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Deadline:

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August 15, 2016

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Dispositive Motion Filing

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Deadline:

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August 15, 2016

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2nd Day Mediation:

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September 2016

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Pretrial Conference:

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May 25, 2017

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Jury & Bench Trials:

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July 25, 2017

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The parties hereto reserve all rights and arguments relating to these extensions on

February 17, 2017

February 17, 2017

No Change

No Change.

No Change.

22 MP Nexlevel’s motion to compel and for sanctions against CVIN, currently scheduled for
23 hearing on July 22, 2017.
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IT IS SO STIPULATED.

25 ///
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-32395/031672-0001
9765655 a06/15/16

STIPULATION TO CONTINUE VARIOUS PRE-TRIAL DATES; AND
ORDER

1 Dated: June 21, 2016

RUTAN & TUCKER, LLP

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By:

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6 Dated: Signature authorized June 21, 2016

/s/ William T. Eliopoulos
William T. Eliopoulos
Attorneys for Defendant,
Counterclaimant and Cross-Complainant
CVIN, LLC

DEWITT MACKALL CROUNSE &
MOORE S.C.

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By:

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/s/ James D. Kremer
Holly J. Newman
James D. Kremer,
Attorneys for Plaintiff
MP NEXLEVEL OF CALIFORNIA,
INC.
and Third-Party Defendant
WESTERN SURETY COMPANY

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14 Dated: Signature authorized June 21, 2016

TROUTMAN SANDERS LLP

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By:

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/s/ Dean A. Morehous
Dean A. Morehous
Craig Crockett
Attorneys for Defendants:
CALAVERAS COMMUNICATIONS
COMPANY, CAL-ORE TELEPHONE
CO., CONSOLIDATED
COMMUNICATIONS HOLDINGS,
INC., DUCOR TELEPHONE
COMPANY, MOHAVE INVESTMENT,
LLC, SEBASTIAN ENTERPRISES,
INC., SIERRA TEL BROADBAND,
SIERRA TEL COMMUNICATIONS
GROUP, STAGELINE
COMMUNICATIONS, INC.,
SUREWEST FIBER VENTURES, LLC,
THE PONDEROSA TELEPHONE
COMPANY, VARCOMM, INC.,
VARNET, INC., VOLCANO
COMMUNICATIONS COMPANY, and
VOLCANO TELECOM, INC.

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-42395/031672-0001
9765655 a06/15/16

STIPULATION TO CONTINUE VARIOUS PRE-TRIAL DATES; AND
ORDER

1 Dated: Signature authorized June 21, 2016

ROGERS JOSEPH O'DONNELL

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By:

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/s/ Joseph C. McGowan, Jr.
Joseph C. McGowan, Jr.
Tyson Arbuthnot
Attorneys for Third-Party Defendant and
Cross-Claimant
JK COMMUNICATIONS &
CONSTRUCTION, INC. dba KLEVEN
CONSTRUCTION

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8 Dated: Signature authorized June 21, 2016

THE ALBERTS FIRM, APC

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By:

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/s/ David A. Brewster
David A. Brewster
Attorneys for Defendant
GEORGE VALENTINEZ

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-52395/031672-0001
9765655 a06/15/16

STIPULATION TO CONTINUE VARIOUS PRE-TRIAL DATES; AND
ORDER

ORDER

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The Court has reviewed the stipulation and adopts it IN PART. All dates are

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adopted except that the filing deadline for non-dispositive motions is advanced to January

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20, 2017. The parties are advised that all non-dispositive motions, including discovery

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motions, must be filed sufficiently in advance of the non-dispositive motion cutoff so that

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the Court may grant effective relief within the allotted time period. A party’s failure to

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have a discovery dispute heard sufficiently in advance of the non-dispositive motion filing

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deadline may result in a denial of the motion as untimely. The dates in the scheduling

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orders dated January 22 and September 2, 2015 (Docs. 157 and 257) are modified as

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follows :
Expert Discovery Cutoff:

January 20, 2017

Nonexpert Discovery Cutoff:

January 20, 2017

Nondispositive Motion Filing

January 20, 2017

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Dispositive Motion Filing

February 17, 2017

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Pretrial Conference:

May 25, 2017 at 8:15 in Dept. 4

Jury & Bench Trials:

July 25, 2017 at 8:30 in Dept. 4

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All other orders in the scheduling order issued on January 22, 2015 (Doc. 157)
remain in full force and effect.

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23 IT IS SO ORDERED.
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Dated:

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June 22, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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-62395/031672-0001
9765655 a06/15/16

STIPULATION TO CONTINUE VARIOUS PRE-TRIAL DATES; AND
ORDER