Terry et al v. Wasatch Advantage Group, LLC et al

Filing 254

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 5/10/2022 MODIFYING the scheduling order to reflect the following deadlines for Daubert motions related to Phase 1 liability dispositive motion briefing: Daubert Motions for purposes of summary judgment filed by 6/3/2022, Opposition Briefs filed by 6/17/2022, and Reply Briefs filed by 6/24/2022. (Huang, H)

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1 2 3 4 5 6 7 8 9 10 11 12 13 Laura L. Ho (SBN 173179) lho@gbdhlegal.com Anne Bellows (SBN 293722) abellows@gbdhlegal.com Stephanie Tilden (SBN 341486) stilden@gbdhlegal.com GOLDSTEIN, BORGEN, DARDARIAN & HO 155 Grand Avenue, Suite 900 Oakland, CA 94612 Telephone: (510) 763-9800 ǀ (Fax) (510) 835-1417 Andrew Wolff (SBN 195092) andrew@awolfflaw.com LAW OFFICES OF ANDREW WOLFF, PC 1615 Broadway, 4th Floor Oakland, CA 94612 Telephone: (510) 834-3300 ǀ (Fax) (510) 834-3377 Jesse Newmark (SBN 247488) jessenewmark@centrolegal.org CENTRO LEGAL DE LA RAZA 3022 International Blvd., Suite 410 Oakland, CA 94601 Telephone: (510) 437-1863 ǀ (Fax) (510) 437-9164 17 Jocelyn Larkin (SBN 110817) jlarkin@impactfund.org Lindsay Nako (SBN 239090) lnako@impactfund.org THE IMPACT FUND 2080 Addison Street, Suite 5 Berkeley, CA 94704 Telephone: (510) 845-3473 ǀ (Fax) (510) 845-3654 18 Attorneys for Plaintiffs and Relators and the Certified Classes 14 15 16 19 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION 20 21 22 23 24 UNITED STATES OF AMERICA, ex rel. DENIKA TERRY, ROY HUSKEY III, and TAMERA LIVINGSTON, and each of them for themselves individually, and for all other persons similarly situated and on behalf of the UNITED STATES OF AMERICA Plaintiffs/Relators, 25 26 27 28 854468.1 Case No.: 2:15-CV-00799-KJM-DB CLASS ACTION STIPULATION AND ORDER TO EXTEND THE DAUBERT MOTION DEADLINE Before: Hon. Chief Judge Kimberly J. Mueller Trial Date: vs. None Set WASATCH ADVANTAGE GROUP, LLC, WASATCH PROPERTY MANAGEMENT, INC., WASATCH POOL HOLDINGS, LLC, STIP. AND ORDER TO EXTEND THE DAUBERT MOTION DEADLINE – CASE NO. 2:15-CV-00799 KJM-DB 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 CHESAPEAKE APARTMENT HOLDINGS, LLC, LOGAN PARK APARTMENTS, LLC, LOGAN PARK APARTMENTS, LP, ASPEN PARK HOLDINGS, LLC, BELLWOOD JERRON HOLDINGS, LLC, BELLWOOD JERRON APARTMENTS, LP, BENT TREE APARTMENTS, LLC, CALIFORNIA PLACE APARTMENTS, LLC, CAMELOT LAKES HOLDINGS, LLC, CANYON CLUB HOLDINGS, LLC, COURTYARD AT CENTRAL PARK APARTMENTS, LLC, CREEKSIDE HOLDINGS, LTD, HAYWARD SENIOR APARTMENTS, LP, HERITAGE PARK APARTMENTS, LP, OAK VALLEY APARTMENTS, LLC, OAK VALLEY HOLDINGS, LP, PEPPERTREE APARTMENT HOLDINGS, LP, PIEDMONT APARTMENTS, LP, POINT NATOMAS APARTMENTS, LLC, POINT NATOMAS APARTMENTS, LP, RIVER OAKS HOLDINGS, LLC, SHADOW WAY APARTMENTS, LP, SPRING VILLA APARTMENTS, LP, SUN VALLEY HOLDINGS, LTD, VILLAGE GROVE APARTMENTS, LP, WASATCH QUAIL RUN GP, LLC, WASATCH PREMIER PROPERTIES, LLC, WASATCH POOL HOLDINGS III, LLC, and DOES 1-4, Defendants. 16 17 18 19 20 21 22 23 24 25 26 27 28 854468.1 STIP. AND ORDER TO EXTEND THE DAUBERT MOTION DEADLINE – CASE NO. 2:15-CV-00799 KJM-DB 1 STIPULATION AND ORDER TO EXTEND THE DAUBERT MOTION DEADLINE 2 Plaintiffs and Relators Denika Terry, Roy Huskey III, and Tamera Livingston as court 3 appointed representatives for the certified classes of California tenants and as relators for the United 4 States and Defendants Wasatch Property Management, et al. (together the Parties), by and through 5 their undersigned counsel, stipulate as follows: 6 7 8 9 10 WHEREAS, the Parties recently filed their cross motions for summary judgment and partial summary judgment (ECF Nos. 241-51); WHEREAS, the current scheduling order (ECF No. 143), as most recently modified by a stipulation and order signed by the Court on March 15, 2022 (ECF No. 237), provides for the following approaching deadlines: 11  Dispositive motion opposition briefs filed by May 13, 2022; 12  Daubert motions filed by May 13, 2022; 13  Dispositive motion reply brief filed by May 27, 2022; 14  Daubert motion opposition briefs filed by May 27, 2022; 15  Daubert motion reply briefs filed by June 10, 2022; 16  All dispositive motions, except for motions for continuances, temporary restraining 17 orders or other emergency applications, shall be heard by July 8, 2022; 18 WHEREAS, the Parties have determined that it would serve the interests of efficiency and 19 judicial economy to defer briefing on any Daubert motions related to summary judgment until the 20 scope of record at issue in the summary judgment motions is more clearly established; 21 WHEREAS, the Parties further wish to clarify that the contemplated deadline for Daubert 22 motions is solely with respect to the current dispositive briefing, and does not preclude subsequent pre- 23 trial motions raising objections under Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993); 24 THEREFORE, the Parties jointly stipulate and request that the Court order that the Scheduling 25 Order (ECF Nos. 143, 237) be modified to reflect the following Daubert motion briefing deadlines, 26 leaving the remaining deadlines unchanged: 27  Daubert motions for purposes of summary judgment filed by May 13, 2022 June 3, 28 1 854468.1 STIP. AND ORDER TO EXTEND THE DAUBERT MOTION DEADLINE – CASE NO. 2:15-CV-00799 KJM-DB 1 2022; 2  Daubert motion opposition briefs filed by May 27, 2022 June 17, 2022; 3  Daubert motion reply briefs filed by June 10, 2022 June 24, 2022; 4 5 Dated: May 2, 2022 Respectfully submitted, 6 GOLDSTEIN, BORGEN, DARDARIAN & HO 7 8 /s/ Anne P. Bellows Anne P. Bellows 9 Attorneys for Plaintiffs and Relators 10 11 Dated: May 2, 2022 Respectfully submitted, LEWIS BRISBOIS BISGAARD & SMITH LLP 12 13 /s/ Ryan Matthews (as authorized 5/2/22 ) Ryan Matthews 14 Attorneys for Defendants 15 16 Order 17 18 Good cause appearing, the Court hereby ORDRERS that the scheduling order be modified to 19 reflect the following deadlines for Daubert motions related to Phase 1 liability dispositive motion 20 briefing: 21  Daubert motions for purposes of summary judgment filed by May 13, 2022 June 3, 2022; 22 23  Daubert motion opposition briefs filed by May 27, 2022 June 17, 2022; 24  Daubert motion reply briefs filed by June 10, 2022 June 24, 2022; 25 26 SO ORDERED. DATED: May 10, 2022. 27 28 2 854468.1 STIP. AND ORDER TO EXTEND THE DAUBERT MOTION DEADLINE – CASE NO. 2:15-CV-00799 KJM-DB

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