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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Laura L. Ho (SBN 173179)
[e-mail]
Anne Bellows (SBN 293722)
[e-mail]
Stephanie Tilden (SBN 341486)
[e-mail]
GOLDSTEIN, BORGEN, DARDARIAN & HO
155 Grand Avenue, Suite 900
Oakland, CA 94612
Telephone: [phone] ǀ (Fax) [phone]
Andrew Wolff (SBN 195092)
[e-mail]
LAW OFFICES OF ANDREW WOLFF, PC
1615 Broadway, 4th Floor
Oakland, CA 94612
Telephone: [phone] ǀ (Fax) [phone]
Jesse Newmark (SBN 247488)
[e-mail]
CENTRO LEGAL DE LA RAZA
3022 International Blvd., Suite 410
Oakland, CA 94601
Telephone: [phone] ǀ (Fax) [phone]

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Jocelyn Larkin (SBN 110817)
[e-mail]
Lindsay Nako (SBN 239090)
[e-mail]
THE IMPACT FUND
2080 Addison Street, Suite 5
Berkeley, CA 94704
Telephone: [phone] ǀ (Fax) [phone]

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Attorneys for Plaintiffs and Relators and the Certified Classes

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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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,

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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

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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.

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854468.1

STIP. AND ORDER TO EXTEND THE DAUBERT MOTION DEADLINE
– CASE NO. 2:15-CV-00799 KJM-DB

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STIPULATION AND ORDER TO EXTEND THE DAUBERT MOTION DEADLINE

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Plaintiffs and Relators Denika Terry, Roy Huskey III, and Tamera Livingston as court

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appointed representatives for the certified classes of California tenants and as relators for the United

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States and Defendants Wasatch Property Management, et al. (together the Parties), by and through

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their undersigned counsel, stipulate as follows:

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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:

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

Dispositive motion opposition briefs filed by May 13, 2022;

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

Daubert motions filed by May 13, 2022;

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

Dispositive motion reply brief filed by May 27, 2022;

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

Daubert motion opposition briefs filed by May 27, 2022;

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

Daubert motion reply briefs filed by June 10, 2022;

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

All dispositive motions, except for motions for continuances, temporary restraining

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orders or other emergency applications, shall be heard by July 8, 2022;

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WHEREAS, the Parties have determined that it would serve the interests of efficiency and

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judicial economy to defer briefing on any Daubert motions related to summary judgment until the

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scope of record at issue in the summary judgment motions is more clearly established;

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WHEREAS, the Parties further wish to clarify that the contemplated deadline for Daubert

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motions is solely with respect to the current dispositive briefing, and does not preclude subsequent pre-

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trial motions raising objections under Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993);

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THEREFORE, the Parties jointly stipulate and request that the Court order that the Scheduling

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Order (ECF Nos. 143, 237) be modified to reflect the following Daubert motion briefing deadlines,

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leaving the remaining deadlines unchanged:

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

Daubert motions for purposes of summary judgment filed by May 13, 2022 June 3,

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854468.1

STIP. AND ORDER TO EXTEND THE DAUBERT MOTION DEADLINE
– CASE NO. 2:15-CV-00799 KJM-DB

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2022;

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

Daubert motion opposition briefs filed by May 27, 2022 June 17, 2022;

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

Daubert motion reply briefs filed by June 10, 2022 June 24, 2022;

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Dated: May 2, 2022

Respectfully submitted,

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GOLDSTEIN, BORGEN, DARDARIAN & HO

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/s/ Anne P. Bellows
Anne P. Bellows

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Attorneys for Plaintiffs and Relators

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Dated: May 2, 2022

Respectfully submitted,
LEWIS BRISBOIS BISGAARD & SMITH LLP

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/s/ Ryan Matthews (as authorized 5/2/22 )
Ryan Matthews

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Attorneys for Defendants

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Order

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Good cause appearing, the Court hereby ORDRERS that the scheduling order be modified to

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reflect the following deadlines for Daubert motions related to Phase 1 liability dispositive motion

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briefing:

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

Daubert motions for purposes of summary judgment filed by May 13, 2022 June 3,
2022;

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

Daubert motion opposition briefs filed by May 27, 2022 June 17, 2022;

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

Daubert motion reply briefs filed by June 10, 2022 June 24, 2022;

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SO ORDERED.
DATED: May 10, 2022.

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854468.1

STIP. AND ORDER TO EXTEND THE DAUBERT MOTION DEADLINE
– CASE NO. 2:15-CV-00799 KJM-DB