McMenemy v. Flagship Financial Group, LLC et al

Filing 105

STIPULATION AND ORDER signed by Judge John A. Mendez on 8/7/2015 MODIFYING the 33 Status (Pretrial Scheduling) Order; ORDERING that all fact discovery be completed by 10/30/2015; ORDERING that all dispositive motions be filed by 2/23/2016 and that the hearing on such motions be held on 3/22/2016 at 09:30 AM; ORDERING that experts provide written reports ninety (90) days prior to trial; ORDERING that expert depositions be taken within thirty (30) days of receipt of the written report; ORDERING that the Joint Pretrial Statement be filed by 5/20/2016; CONTINUING the Final Pretrial Conference to 5/27/2016 at 10:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez; CONTINUING the Jury Trial to 6/27/2016 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Michel, G.)

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Michael Reynolds (#174534)
Ben T. Welch (PHV – Utah Bar #13397)
SNELL & WILMER L.L.P.
600 Anton Boulevard, Suite 1400
Costa Mesa, CA 92626-7689
Telephone: [phone]
Facsimile: 714.427.7799

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Attorneys for Defendant
Flagship Financial Group, LLC

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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LAW OFFICES
600 Anton Boulevard, Suite 1400
Costa Mesa, California 92626-7689
[phone]

Snell & Wilmer
L.L.P.

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Diana McMenemy, an individual, and
Michael McMenemy, an individual,

CASE NO. 2:14-cv-001482-jam-ac

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Plaintiffs,
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Joint Stipulation to Modify Pre-Trial
Scheduling Order & Order

vs.
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Colonial First Lending Group, Inc., a
Utah corporation; Colonial First
Business Development, LLC, a Utah
limited liability company; Devin Jones,
an individual, Flagship Financial
Group, LLC, a __________________,
and DOES 1 through 10,

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Defendants.
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COMES NOW Diana McMenemy and Michael McMenemy, by and through

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counsel, Defendant Flagship Financial Group, LLC, by and through counsel, and

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Defendant Devin Jones, pro se (collectively “the Parties”)1, and hereby jointly stipulate

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and move the Court to modify the Status (Pre-trial Scheduling) Order.
These modifications are requested due to unforeseen difficulties in locating third-

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party witnesses and documents, to accommodate the work schedule of Michael

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Defendant Colonial First Lending Group, Inc. was terminated from this action on or about August 26,
2014. Defendant Colonial First Business Development, LLC is not currently represented by counsel and is
not actively participating in this litigation.
Joint Stipulation to Modify Pre-Trial Scheduling Order & [Proposed] Order

21581617.1

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McMenemy, who obtained new employment in Arizona and was unavailable to

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participate in discovery for approximately one month, and to allow the Parties additional

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time to conduct further discovery based on documents and other information identified for

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the first time at Plaintiffs’ depositions on July 30th and 31st.

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Notwithstanding these difficulties and the requested extension, the parties are

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making good progress in discovery and do not anticipate any discovery-related motions at

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this time.

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The requested modifications are as follows:

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DISCOVERY

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All fact discovery shall be completed by October 30, 2015.

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MOTION HEARING SCHEDULES

LAW OFFICES
600 Anton Boulevard, Suite 1400
Costa Mesa, California 92626-7689
[phone]

Snell & Wilmer
L.L.P.

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All dispositive motions shall be filed on or before February 23, 2016. Hearing on

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such motions shall be on March 22, 2016, at 9:30 AM or at such other convenient time so

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designated by the Court.

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DISCLOSURE OF EXPERT WITNESSES

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The Parties have already disclosed names and CVs of those experts anticipated to

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give testimony in this case. The Parties agree that experts shall provide written reports no

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later than ninety (90) days prior to trial pursuant to Fed. R. Civ. P. 26(a)(2)(D)(i). The

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Parties agree that expert depositions may be taken within thirty (30) days of receipt of the

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written report or such other time agreed-upon by the parties.

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JOINT PRETRIAL STATEMENT

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The Joint Pretrial Statement shall be due May 20, 2016.

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FINAL PRETRIAL CONFERENCE

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The Final Pretrial Conference shall be held on May 27, 2016, at 10:00 AM.

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TRIAL

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The jury trial will be scheduled to commence on June 27, 2016 at 9:00 AM.

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OTHER PROVISIONS

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Unless otherwise modified by this stipulation, the Status (Pre-trial Scheduling)
-2Joint Stipulation to Modify Pre-Trial Scheduling Order & [Proposed] Order
21581617.1

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Order entered by this Court on July 22, 2014, shall remain in full force and effect.

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DATED this 6th day of August, 2015.

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SNELL & WILMER L.L.P.

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/s/ Patrick H. Dwyer ____________

Signed by BTW with permission of PHD
Patrick H. Dwyer
Attorney for Plaintiffs
/s/ Devin Jones

/s/ Ben T. Welch

Michael Reynolds
Ben T. Welch
Attorneys for Flagship Financial Group,
LLC

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Signed by BTW with permission of DJ
Devin Jones
Pro se

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LAW OFFICES
600 Anton Boulevard, Suite 1400
Costa Mesa, California 92626-7689
[phone]

Snell & Wilmer
L.L.P.

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ORDER

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IT IS SO ORDERED.

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DATED: 8/7/2015

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/S/ JOHN A. MENDEZ___________

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JOHN A. MENDEZ
United States District Court Judge

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-3Joint Stipulation to Modify Pre-Trial Scheduling Order & [Proposed] Order
21581617.1