Clayton v. Automated Gaming Technologies, Inc.
Filing
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STIPULATION and ORDER signed by Judge John A. Mendez on 09/14/15 ORDERING that the Discovery deadline is EXTENDED to 10/23/2015. All other dates set forth in the 202 05/15/15 Order REMAIN. (Benson, A)
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JAMES R. DONAHUE, SBN 105106
MICHAEL E. MYERS, SBN 99451
DONAHUE · DAVIES LLP
Post Office Box 277010
Sacramento, CA 95827-7010
Telephone: (916) 817-2900
Facsimile: (916) 817-2644
Attorneys for Defendant and Counter-Claimant
AUTOMATED GAMING TECHNOLOGIES, INC.
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GILBERT J. PREMO
Attorney at Law, State Bar No. 48503
500 Northfield Lane
Lincoln, CA 95648-8321
Telephone: (415) 974-6664
Facsimile:
(415) 762-5350
gilbertpremo@gmail.com
Attorney for Plaintiff KEITH R. CLAYTON
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UNITED STATES DISCTRICT COURT
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EASTERN DISCTRICT OF CALIFORNIA
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Plaintiff,
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v.
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AUTOMATED GAMING TECHNOLOGIES, )
INC., a Nevada corporation, and DOES 1
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through 50, inclusive,
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Defendants.
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_______________________________________)
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AND RELATED CROSS-ACTIONS
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Case No. 2:13-cv-00907-JAM-EFB
KEITH R. CLAYTON
STIPULATION AND ORDER TO
FURTHER MODIFY FIRST AMENDED
STATUS (PRE-TRIAL SCHEDULING)
ORDER; ORDER THEREON
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Plaintiff KEITH R. CLAYTON (“Plaintiff”) and Defendants AUTOMATED GAMING
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TECHNOLOGIES, INC. (“AGT”), JOHN B. PRATHER (“Prather”) and ROBERT MAGNANTI
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(“Magnanti”) (collectively “Defendants”) respectfully submit this Stipulation and [Proposed] Order
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to Further Modify the 1st Amended Status (Pre-Trial Scheduling) Order (Docket No. 84), entered
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STIPULATION AND ORDER TO FURTHER MODIFY
FIRST AMENDED STATUS (PRE-TRIAL SCHEDULING) ORDER
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herein on January 29, 2014, as modified by the court’s May 15, 2015 Order Amending the Status
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Order (Docket No. 202), only to extend the discovery cut-off for 21 days. In support of this
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Stipulation, the parties submit the following demonstrating good cause for the parties’ request, as
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required by Fed. R. Civ. P. 16(b):
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1. Since the time of entry of the court’s May, 2015 order establishing the current discovery
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cutoff date, Donahue Davies, LLP substituted into this case as counsel for AGT on June 30, 2015.
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Donahue Davies has thus been in this case for approximately 3 months and has been working to
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complete outstanding discovery and resolve the pending discovery disputes in this case. This case
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involves over 200,000 pages of document production and a number of complex issues, and it has
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taken substantial time for Defendants’ counsel to get up to speed on all relevant factual and
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discovery issues.
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established pre-trial schedule.
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2.
This has delayed the progress of discovery activities along the previously
Plaintiff’s counsel has noticed the depositions of 5 of AGT’s employees for the last
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two weeks of September. However, Defendants’ counsel, James R. Donahue, is scheduled to
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commence trial on September 22, 2015, in the matter of Johnson v. Century 21 Real Estate, Case
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No. 34-2010-00092966, in Sacramento County Superior Court.
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days, and will effectively render Mr. Donahue unavailable for the final two weeks of discovery in
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this matter. Additionally, Donahue Davies is also commencing trial on September 21, 2015 in the
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matter of Keating v. Heryford, Case No. 10CV118, in Trinity County Superior Court. Further, these
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AGT employees are all located out of state, in Nevada and Kansas. AGT has agreed to produce these
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individuals in California for the mutual convenience of the parties in this case. However, arranging
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travel and working with the schedules of these individuals has resulted in a delay in the ability to
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move forward with the noticed depositions prior to the current discovery cutoff date.
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3.
This trial is expected to last 7-10
There are a number of pending discovery issues related to the production of financial
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information and records, Plaintiff has filed two motions to compel related his Fourth and Fifth
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Requests for Production of Documents. These motions are set to be heard on September 23, 2015.
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Plaintiff’s counsel anticipates taking the deposition of 5 AGT employees, and potentially deposing 3
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STIPULATION AND ORDER TO FURTHER MODIFY
FIRST AMENDED STATUS (PRE-TRIAL SCHEDULING) ORDER
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ex-employees of AGT. Defendants’ counsel also intends to depose the Plaintiff. In addition to the
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discovery still pending, the parties intend to conduct further settlement negotiations, and are
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scheduling a mediation in the very near future to see if they can resolve this matter.
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4. For these reasons, the parties believe that a short 21 day continuance of the discovery
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cutoff date will allow for the completion of the outstanding discovery with no prejudice to the parties
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or delay in the case’s management and scheduling. In consideration of the foregoing, the parties
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stipulate and request that the 1st Amended Status (Pre-trial Scheduling) Order be modified to
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provide that the Discovery Cut-Off is October 23, 2015.
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DATED: September 14, 2015
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By: __/s/ Rebekah A. Morrissey__________________
JAMES R. DONAHUE
REBEKAH A. MORRISSEY
Attorneys for Defendants
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DONAHUE · DAVIES LLP
DATED: September 14, 2015
By: __/s/ Gilbert J. Premo______________________
GILBERT J. PREMO
Attorney for Plaintiff
KEITH R. CLAYTON
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STIPULATION AND ORDER TO FURTHER MODIFY
FIRST AMENDED STATUS (PRE-TRIAL SCHEDULING) ORDER
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ORDER
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Based on the stipulation of the parties, and finding good cause therefor, IT IS HEREBY
ORDERED that the 1st Amended Status (Pre-trial Scheduling) Order is hereby modified to provide
that the Discovery Cut-Off shall be October 23, 2015. All other dates set forth in the Court’s Order
of May 15, 2015 shall remain the same, to wit:
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Dispositive motion filing: November 4, 2015
Dispositive motion hearing: December 16, 2015 at 9:30 a.m.,
Joint pretrial statement: January 22, 2016
Final Pretrial Conference: January 29, 2016 at 11:00 a.m.,
Trial: March 7, 2016 at 9:00 a.m
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IT IS SO ORDERED.
DATED: September 14, 2015
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/s/ John A. Mendez_______________________
JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE
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STIPULATION AND ORDER TO FURTHER MODIFY
FIRST AMENDED STATUS (PRE-TRIAL SCHEDULING) ORDER
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