PHH Mortgage Corporation v. Barrett, Daffin, Frappier, Treder & Weiss, LLP et al

Filing 53

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 3/1/17 ORDERING that the deadline for the disclosure of expert witnesses is EXTENDED to 4/7/2017. The deadline for the disclosure of supplemental expert witnesses is EXTENDED to 4/27/2017. The deadline for expert discovery is EXTENDED to 5/25/2017. The deadline for dispositive motions is EXTENDED to 6/30/2017. (Kastilahn, A)

1 KIEVE LAW OFFICES
Loren Kieve (State Bar No. 56280)
2 5A Funston Avenue
The Presidio of San Francisco
3 San Francisco, California 94129-1110
Telephone:
[phone]
4 Facsimile:
[phone]
[e-mail]
5
Counsel for Plaintiff PHH Mortgage Corporation
6
DANIEL V. KOHLS (State Bar No. 167987)
7 BRET N. BATCHMAN (State Bar No. 236311)
HANSEN, KOHLS, SOMMER & JACOB, LLP
8 1520 Eureka Road, Suite 100
Roseville, California 95661
9 Telephone:
[phone]
Facsimile:
[phone]
10 [e-mail]
[e-mail]
11
Counsel for Defendant Barrett Daffin Frappier
12 Treder & Weiss, LLP
13
14

UNITED STATES DISTRICT COURT FOR THE

15

EASTERN DISTRICT OF CALIFORNIA

16
17 PHH MORTGAGE CORPORATION,
18

Civil Action No. 2:16-cv-00832-KJM-EFB

Plaintiff,

19

vs.

20 BARRETT, DAFFIN, FRAPPIER, TREDER
& WEISS, LLP, and its constituent partners,
21 ROBERT E. WEISS, CRIS A.
KLINGERMAN, EDWARD A. TREDER,
22 BRIAN ENGEL, JAMES C. FRAPPIER and
STEVE P. TURNER,
23
Defendants.
24

STIPULATION AND [PROPOSED]
ORDER EXTENDING THE DEADLINES
FOR EXPERT WITNESS DISCLOSURE
AND DISPOSTIVE MOTIONS
Judge:

Honorable Kimberly J. Mueller

Complaint
Filed:
October 12, 2015
Final Pre-Trial
Conference:
September 8, 2017
Trial:
October 23, 2017

25
26

TO THE COURT AND ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

27

Pursuant to Eastern District Local Rule 144 and the Honorable Kimberly J. Mueller’s

28 Standing Order (Dkt. No. 34-1), defendant Barrett Daffin Frappier Treder & Weiss, LLP, and
Stipulation to Continue Deadlines
08Cm

1

Civil Action No. 2:16-cv-0832-KJM-EFB

1 plaintiff PHH Mortgage Corporation submit this stipulation and proposed order to extend the
2 deadlines for expert witness disclosure and dispositive motions, as currently set forth in the
1
3 Honorable Kimberly J. Mueller’s December 12, 2016, Minute Order (Dkt. No. 51). In

4 accordance with the Honorable Kimberly J. Mueller’s Standing Order:
(A)

5

The existing deadlines for expert witness disclosure and dispositive motions are as

6 follows:
DISCLOSURE OF EXPERT WITNESSES
7
Disclosure of Expert Witnesses
March 8, 2017;
8
Disclosure of Supplemental Expert Witnesses
March 28, 2017;
9
Expert Discovery
April 25, 2017;2
10
DISPOSITIVE MOTIONS
May 23, 2017.
11
(B) There is good cause for the Court to grant this extension because counsel for
12
plaintiff PHH Mortgage Corporation and defendant Barrett Daffin Frappier Treder & Weiss, LLP
13
are currently exploring settlement options and would like to continue these options before they
14
engage in extensive expert discovery. As such, the parties request that the Court extend the
15
upcoming expert disclosure deadline for thirty (30) days. Additionally, the parties request that the
16
17
1

On December 12, 2016, the Honorable Kimberly J. Mueller issued a Minute Order (Dkt.
No. 51) extending the deadlines for discovery, expert witness disclosure, and dispositive motions
19 by thirty-two (32) days. These deadlines were previously set forth in the Status (Pretrial
Scheduling) Order (Dkt. No. 46), which was signed by the Honorable Kimberly J. Mueller on
20 July 19, 2016.
18

21
22
23
24
25
26
27
28

2

In the Status (Pretrial Scheduling) Order (Dkt. No. 46), signed on July 19, 2016, the
Honorable Kimberly J. Mueller stated that (1) expert witnesses must be disclosed not later than
February 3, 2017, (2) supplemental expert witnesses must be disclosed not later than February 24,
2017, and (3) “[a]ll expert discovery shall be completed by March 24, 2017.” In the December 12,
2016, Minute Order (Dkt. No. 51), the Honorable Kimberly J. Mueller extended those first two
deadlines (the expert witness disclosure deadline and the supplemental expert witness disclosure
deadline). However, the Honorable Kimberly J. Mueller did not address the third deadline (the
date that all expert discovery must be completed) in the December 12, 2016, Minute Order (Dkt.
No. 51). Because the Honorable Kimberly J. Mueller extended all the other deadlines by thirtytwo (32) days, per the parties’ stipulation, the parties presume that the Honorable Kimberly J.
Mueller also extended the date that “[a]ll expert discovery must be completed by” thirty-two (32)
days (from March 24, 2017 to April 25, 2017).
Stipulation to Continue Deadlines
08Cm

2

Civil Action No. 2:16-cv-0832-KJM-EFB

1 Court extend the deadline for dispositive motions due to its proximity to the expert disclosure
2 deadline.
(C)

3

On December 9, 2016, the parties filed a stipulation requesting a thirty-two (32)

4 day extension of the deadlines for discovery, expert witness disclosure, and dispositive motions.
5 On December 12, 2016, the Honorable Kimberly J. Mueller issued a Minute Order, granting the
6

parties’ request for an extension.

7
THEREFORE, pursuant to this stipulation, Eastern District Local Rule 144, and the
8
9

Honorable Kimberly J. Mueller’s Standing Order, the parties respectfully request the Court enter

10 an order extending the deadlines for expert witness disclosure and dispositive motions thirty (30)
11 days as follows:
12

DISCLOSURE OF EXPERT WITNESSES

13

Disclosure of Expert Witnesses
Disclosure of Supplemental Expert Witnesses

April 27, 2017;

Expert Discovery

14

April 7, 2017;

May 25, 2017;

15
16
DISPOSITIVE MOTIONS

17

June 22, 2017.

All other dates and deadlines not identified herein shall remain as scheduled in the

18

19 Honorable Kimberly J. Mueller’s Status (Pretrial Scheduling) Order (Dkt. No. 46).
20 Dated: February23, 2017

KIEVE LAW OFFICES

21
By: /s/ Loren Kieve___________________
LOREN KIEVE (SBN 56280)
Counsel for PHH Mortgage Corporation

22
23
24 Dated: February 23, 2017

HANSEN, KOHLS, SOMMER & JACOB,
LLP

25

By: /s/ Bret N. Batchman___________
DANIEL V. KOHLS (SBN 167987)
BRET N. BATCHMAN (SBN 236311)
Counsel for Defendants BARRETT DAFFIN
FRAPPIER TREDER & WEISS, LLP

26
27
28
Stipulation to Continue Deadlines
08Cm

3

Civil Action No. 2:16-cv-0832-KJM-EFB

1

[PROPOSED] ORDER EXTENDING THE DEADLINES FOR EXPERT WITNESS
DISCLOSURE AND DISPOSTIVE MOTIONS

2
Pursuant to Eastern District Local Rule 144, the Honorable Kimberly J. Mueller’s Standing

3

4 Order (Dkt. No. 34-1), and the stipulation between defendant Barrett Daffin Frappier Treder &
5
6

Weiss, LLP, and plaintiff PHH Mortgage Corporation, by and between their attorneys of record, it
is hereby ordered that:

7
The deadline for the disclosure of expert witnesses is extended from March 8, 2017, to

8
9

April 7, 2017;
The deadline for the disclosure of supplemental expert witnesses is extended from March

10

11 28, 2017, to April 27, 2017;
12

The deadline for expert discovery is extended from April 25, 2017, to May 25, 2017; and

13

The deadline for dispositive motions is extended from May 23, 2017, to June 30, 2017.

14
All other dates and deadlines not identified herein shall remain as scheduled in the Court’s
15
16

Status (Pretrial Scheduling) Order (Dkt. No. 46), and all other provisions of that order remain in

17 effect.
IT IS SO ORDERED.

18

19 Dated: March 1, 2017
20
21
UNITED STATES DISTRICT JUDGE
22
23
24
25
26
27
28
Stipulation to Continue Deadlines
08Cm

4

Civil Action No. 2:16-cv-0832-KJM-EFB