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

Filing 413

STIPULATION and ORDER GRANTING the parties' request to continue discovery deadlines per order on motion to bifurcate. The following deadlines are amended as follows: Non-Expert Discovery due by 2/24/2017; Expert Discovery due by 3/17/2017; Non -Dispositive Motions filed by 2/24/2017; Dispositive Motions filed by 4/7/2017; Pretrial Conference set for 5/25/2017 and Trial set for 7/25/2017 to remain as previously set. Order signed by Magistrate Judge Erica P. Grosjean on 11/1/2016. (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
11
Attorneys for Defendant and Counter and Cross12 Claimant
CVIN, LLC
UNITED STATES DISTRICT COURT
13
14

EASTERN DISTRICT OF CALIFORNIA

15

FRESNO DIVISION

16 MP NEXLEVEL of California, Inc.,
Plaintiff,

17
18

vs.

19 CVIN, LLC dba VAST NETWORKS, ET
AL,
20
Defendants.
21

Case No. 1:14-cv-00288-LJO-GSA
STIPULATION TO CONTINUE
DISCOVERY DEADLINES PER ORDER
ON MOTION TO BIFURCATE; AND
ORDER
Licensure Trial:
January 4, 2017
Trial:
July 25, 2017
Date Action Filed: February 28, 2014

22 AND RELATED COUNTER, CROSS-,
AND THIRD-PARTY CLAIMS.
23
24
25
26
27
28

WHEREAS on October 5, 2016, the United States District Court for the Eastern
District of California, Hon. Lawrence J. O’Neill, presiding (the “Court”) granted CVIN,
LLC’s (“CVIN”) request to bifurcate and hold a brief trial on the status of MP Nexlevel of
California, Inc.’s (“MP”) contractor’s license (the “Licensure Trial”).

2395/031672-0001
9765655 a06/15/16

-1STIPULATION TO CONTINUE DISCOVERY DEADLINES; AND ORDER

Doc. 408,

1 Memorandum Decision and Order re Plaintiff’s Motion for Judgment and Defendant’s
2 Motion to Bifurcate (the “Order”);
3
4
5
6
7

WHEREAS, on October 14, 2016, in compliance with the Order, the parties
submitted the Joint Status Report Re: Available Dates for Bifurcated Trial Re: Sufficiency
of MP’s Class A License (Doc. 410), setting forth alternative dates for the Licensure Trial;
WHEREAS, on October 20, 2016, the Court ordered the Licensure Trial to take

8 place from January 4 through 11, 2017;
9
10

WHEREAS, Pursuant to the Court’s October 5 Order, the undersigned parties have

11 further met and conferred with regard to the scope and timing of discovery in this matter,
12 and the impact that said discovery may have on existing case deadlines in light of the
13 January 4, 2017 Licensure Trial. The undersigned parties have agreed to conduct
14 bifurcated discovery to allow the parties to take discovery related to MP’s licensure in
15 advance of the Licensure Trial, and, to the extent necessary, complete non-licensure
16 related discovery after the Licensure Trial. Accordingly, IT IS HEREBY STIPULATED
17 by and between the parties, by and through their counsel of record, that good cause exists
18 for the extension of the discovery deadlines noted below:
19 Existing Deadlines (Doc. 372)
20 Expert Discovery Cutoff

New (Proposed) Deadlines

21 January 20, 2017
22 Nonexpert Discovery Cutoff

March 17, 2017

23 January 20, 2017
24 Nondispositive Motion Filing Deadline

March 17, 2017

25 January 20, 2017
26 Dispositive Motion Filing Deadline

March 24, 2017

27 February 17, 2017
nd
28 2 Day Mediation

March 24, 2017

2395/031672-0001
9765655 a06/15/16

-2STIPULATION TO CONTINUE DISCOVERY DEADLINES; AND ORDER

1 September 2016

November 2016

2
3 Pretrial Conference
4 May 25, 2017

No Change

5 Jury & Bench Trials
6 July 25, 2017

No Change

7
8

IT IS SO STIPULATED.

9 Dated: October 31, 2016

RUTAN & TUCKER, LLP

10
By:

11
12
13

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

14
Dated: Signature auth. October 31, 2016

DEWITT MACKALL CROUNSE &
MOORE S.C.

15
16
17

By:

18
19
20
21

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

22 Dated: Signature auth. October 31, 2016 ______TROUTMAN SANDERS LLP
23
24

By:

25
26
27
28
2395/031672-0001
9765655 a06/15/16

/s/ Dean A. Morehouse
Dean A. Morehous
Craig Crockett
Attorneys for Defendants:
CALAVERAS COMMUNICATIONS
COMPANY, CAL-ORE TELEPHONE
CO., CONSOLIDATED
COMMUNICATIONS HOLDINGS,
INC., DUCOR TELEPHONE

-3STIPULATION TO CONTINUE DISCOVERY DEADLINES; AND ORDER

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.

1
2
3
4
5
6
7
8 Dated: Signature auth. October 31, 2016

ROGERS JOSEPH O'DONNELL

9
By:

10
11
12
13

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

14
15 Dated: Signature auth. October 31, 2016 ____THE ALBERTS FIRM, APC
16
By:

17
18
19

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

20
21
22
23
24
25
26
27
28
2395/031672-0001
9765655 a06/15/16

-4STIPULATION TO CONTINUE DISCOVERY DEADLINES; AND ORDER

1
2

Order
Pursuant to the above Stipulation of the parties, and good cause appearing, it is hereby

3 ordered that the Scheduling Conference Order be modified as follows:
4
5
6
7
8
9
10
11

Non-Expert Discovery Cutoff
Non-Dispositive Motion Cutoff
Mediation
Expert Discovery Cutoff
Dispositive Motion Deadline
Pretrial Conference
Trial

Current Dates/Deadlines
January 20, 2017
January 20, 2017
September 2016
January 20, 2017
February 17, 2017
May 25, 2017
July 25, 2017

New Dates/Deadlines
February 24, 2017
February 24, 2017
November 2016
March 17, 2017
April 7, 2017*
Unchanged
Unchanged

Dispositive motions must be heard sufficiently in advance of the parties’ pretrial
conference to ensure that the pretrial conference is productive. Any dispositive motion must thus
be noticed for a hearing date no later than April 7, 2017, rather than merely filed by that date.

12
13

IT IS SO ORDERED.

14
15

Dated:

November 1, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

16
17
18
19
20
21
22
23
24
25
26
27
28
2395/031672-0001
9765655 a06/15/16

-5STIPULATION TO CONTINUE DISCOVERY DEADLINES; AND ORDER