Golden State Truck Sales, Inc. et al. v. Bay Trailer Sales, LLC et al.

Filing 25

STIPULATION AND ORDER signed by District Judge Morrison C. England, Jr. on 8/7/2017 ORDERING the parties to disclose expert witnesses by 9/28/2017. (Michel, G.)

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LEWIS BRISBOIS BISGAARD & SMITH LLP
JOHN S. POULOS, SB# 154689
MAREN MACADAM, SB# 302362
2020 West El Camino Avenue, Suite 700
Sacramento, California 95833
Telephone: [phone]
Facsimile: 916.564.5444
Attorneys for Defendants,
BAY TRAILER SALES, LLC
and JONATHAN EMDE
Sean Gavin, SB# 251124
FOOS GAVIN LAW FIRM, P.C.
3947 Lennane Drive, Suite 120
Sacramento, California 95834
Telephone: [phone]
Facsimile: 916.779.3508
Attorney for Plaintiffs,
GOLDEN STATE TRUCK SALES, INC. and
DHARMINDER SINGH

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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GOLDEN STATE TRUCK SALES, INC.,
a California corporation;
DHARMINDER SINGH, an individual,

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STIPULATED JOINT REQUEST AND
ORDER

Plaintiffs,

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Case No.: 2:16-cv-00580

v.

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BAY TRAILER SALES, LLC, a
Virginia limited liability company;
JONATHAN EMDE, an individual;
and DOES 1-25, inclusive,
Defendants.

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Plaintiffs Golden State Truck Sales, Inc. and Dharminder Singh (“Plaintiffs”), and
Defendants Bay Trailer Sales, LLC and Jonathan Emde (“Defendants”), having met and
Golden State Truck Sales, Inc., et al. v. Bay Trailer Sales, LLC, et al.
Stipulated Joint Request and Order

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conferred, hereby jointly request, based on the showing of good cause discussed herein, that the

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Court vacate the deadline to disclose expert witnesses, which is presently set for July 31, 2017,

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and reset the deadline to disclose expert witnesses to September 28, 2017.

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I.

GOOD CAUSE EXISTS TO CONTINUE THE DATE FOR DISCLOSING
EXPERTS

On May 20, 2016, the parties submitted a Joint Status Report (Docket #9) pursuant to

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the Court’s March 21, 2016 Order Requiring Joint Status Report (Docket #3). In their Joint

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Status Report, the Parties proposed January 27, 2017 as the deadline to make initial expert

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disclosures and February 24, 2017 as the deadline to name rebuttal experts.

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On July 19, 2016, this Court issued its Pretrial Scheduling Order. See Docket #11. This

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Pretrial Scheduling Order established the deadline to disclose expert witnesses as April 13, 2017

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and provided a thirty (30) day period following the initial disclosure of expert witnesses to name

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rebuttal witnesses.

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On February 23, 2017, the Parties, via counsel, engaged in a Settlement Conference

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before Judge Brennan. At that Conference, the Parties agreed to cooperate to accomplish the

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sale of certain assets, the successful disposal of which will enable the parties to have more

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productive settlement communications in the near future. To that end, Judge Brennan consented

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to continuing the Settlement Conference to May 4, 2017. This conference has been further

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continued to September 5, 2017 at which point the parties will continue to engage in good faith

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settlement discussions. See Docket #23.

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Since the initial Settlement Conference, the Parties have made progress in the sale of

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those certain assets. Nevertheless, more time is necessary to complete those efforts. The

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Parties and their counsel believe that, unless and until those assets are sold – or alternatively it

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becomes clear the assets will not be sold – the engagement of expert witnesses would be

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premature and potentially wasteful.

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The Parties and their counsel therefore believe and submit that good cause exists for a
further continuation of the deadline to disclose expert witnesses. This will allow both parties to

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Golden State Truck Sales, Inc., et al. v. Bay Trailer Sales, LLC, et al.
Stipulated Joint Request and Order

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focus their efforts and budget toward settlement of the matter. Accordingly, Plaintiffs and

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Defendants jointly request the Court vacate the deadline to disclose expert witnesses, which is

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presently set for July 31, 2017, and reset the deadline to disclose expert witnesses to September

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28, 2017. This change will not disrupt Trial in this matter, which is presently scheduled to

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begin on March 5, 2018.

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No other changes – including the thirty (30) day period following the initial disclosure

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of expert witnesses to name rebuttal witnesses – to the Pretrial Scheduling Order are requested

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at this time.

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II.

CONCLUSION

For the foregoing reasons, the Parties jointly request the Court vacate the deadline to

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disclose expert witnesses, which is presently set for July 31, 2017, and reset the deadline to

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disclose expert witnesses to September 28, 2017.

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DATED: August 1, 2017

LEWIS BRISBOIS BISGAARD & SMITH

LLP

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By:

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/s/ Maren MacAdam
John S. Poulos
Maren MacAdam
Attorneys for Defendants
BAY TRAILER SALES, LLC and
JONATHAN EMDE

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DATED: August 1, 2017

FOOS GAVIN LAW FIRM, P.C.

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By:

/s/ Sean Gavin
Sean Gavin, Attorneys for Plaintiffs
GOLDEN STATE TRUCK SALES, INC. and
DHARMINDER SINGH

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Golden State Truck Sales, Inc., et al. v. Bay Trailer Sales, LLC, et al.
Stipulated Joint Request and Order

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ORDER

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Good cause appearing, the Court orders as follows: the deadline to disclose expert

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witnesses, which is presently set for July 31, 2017, is VACATED. The new deadline to disclose

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expert witnesses is September 28, 2017. All other dates in the Pretrial Scheduling Order and the

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Supplemental Pretrial Scheduling Order remain unchanged.
IT IS SO ORDERED.
Dated: August 7, 2017

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Golden State Truck Sales, Inc., et al. v. Bay Trailer Sales, LLC, et al.
Stipulated Joint Request and Order

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