Vision Service Plan v. Nouveau Vision, Inc. et al.

Filing 18

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 11/8/17: Expert Witness disclosure date shall be continued to 4/2/2018. Discovery cutoff date shall be continued to 1/31/2018. Dispositive Motions hearing deadline shall be cont inued to 5/3/2018. Final Pretrial Conference is continued to 7/26/2018 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. Jury Trial is continued to 9/24/2018 at 09:00 AM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Kaminski, H)

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BENBROOK LAW GROUP, PC
BRADLEY A. BENBROOK (SBN 177786)
STEPHEN M. DUVERNAY (SBN 250957)
400 Capitol Mall, Suite 2530
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendants
Nouveau Vision, Inc. and Timothy J. Sutich

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STERN & GOLDBERG
ALAN N. GOLDBERG (SBN 112836)
PETER TRAN (SBN 280016)
6345 Balboa Boulevard, Suite 200
Encino, California 91316
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiff
Vision Service Plan

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VISION SERVICE PLAN, a California notfor-profit corporation,

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Plaintiff,
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Case No.: 2:16-cv-01049-TLN-KJN
STIPULATION AND ORDER TO
MODIFY THE PRETRIAL
SCHEDULING ORDER

v.
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NOUVEAU VISION, INC., a Washington
Corporation; TIMOTHY J. SUTICH, an
individual; and DOES 1 through 50, inclusive,

DATES MODIFIED FROM SUBMITTED
VERSION

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Defendants.

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STIPULATION AND JOINT APPLICATION TO MODIFY PRETRIAL SCHEDULING ORDER
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Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, Local Rule 144, and this

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Court’s standing order, the parties hereby submit this stipulation and jointly apply for an order

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modifying the Pretrial Scheduling Order in this case as follows:

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

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January 31, 2018.


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The January 31, 2018 expert disclosure deadline extended approximately 60 days to
March 31, 2018.



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The November 30, 2017 fact discovery deadline extended approximately 60 days to

The February 22, 2018 dispositive motion deadline extended approximately 60 days to
April 22, 2018.



The May 17, 2018 final pretrial conference continued approximately 60 days to July

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17. 2018, with the Joint Final Pretrial Conference Statement deadline extended

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approximately 60 days from May 10, 2018 to July 10, 2018.

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

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This Stipulation is submitted by Plaintiff Vision Service Plan (“VSP” herein) and

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Defendants Nouveau Vision, Inc. (“Nouveau” herein) and Timothy J. Sutich (“Sutich” herein)

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(collectively referred to as “Defendants”), through their respective counsel of record, for approval

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of an approximate sixty (60) day extension of all deadlines currently in place pursuant to the

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Court’s scheduling orders. This request for an extension is made with reference to the following:

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1.

The July 23, 2018 trial date continued approximately 60 days to September 24, 2018.

WHEREAS, the parties have been diligently working together to complete

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discovery and prepare for trial. The parties have agreed to defer completing the remaining two

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(2) depositions and defer other cut-off dates for approximately 60 days while they continue to

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negotiate a settlement of the entire case.

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2.

WHEREAS, the parties believe that the interests of justice will be served, and no

parties will be prejudiced, by the granting of this continuance.

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IT IS THEREFORE STIPULATED by and between Plaintiff VSP and Defendants

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Nouveau and Sutich, through their attorneys of record, to jointly request that the Court extend all

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deadlines in this case by approximately 60 days, and continue the trial for approximately 60 days.

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IT IS SO STIPULATED.
STIPULATION AND JOINT APPLICATION TO MODIFY PRETRIAL SCHEDULING ORDER

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Dated: November 8, 2017

BENBROOK LAW GROUP, PC

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By s/ Stephen M. Duvernay
STEPHEN M. DUVERNAY
Attorneys for Defendants

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Dated: November 8, 2017

STERN & GOLDBERG

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By s/ Alan N. Goldberg
ALAN N. GOLDBERG
Attorneys for Plaintiff

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STIPULATION AND JOINT APPLICATION TO MODIFY PRETRIAL SCHEDULING ORDER

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ORDER

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The Court accepts the foregoing Stipulation. The discovery cutoff and expert witness

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disclosure dates set forth in Sections IV and V of the Pretrial Scheduling Order, dated August 25,

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2016, shall be continued as follows:

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1.

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31, 2018.

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2.

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The discovery cutoff date shall be continued from November 30, 2017 to January

The expert witness disclosure date shall be continued from January 31, 2018 to

April 2, 2018.
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The dispositive motion hearing deadline shall be continued from February 22,

2018 to May 3, 2018.
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The final pretrial conference scheduled for May 17, 2018 is continued to July 26.

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2018, at 2:00 p.m. The parties shall submit a Joint Final Pretrial Conference Statement on July

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19, 2018.

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5.

The trial is continued from July 23, 2018 to September 24, 2018, at 9:00 a.m.

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6.

No other dates are being continued by this Order.

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Dated: November 8, 2017

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Troy L. Nunley
United States District Judge

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STIPULATION AND JOINT APPLICATION TO MODIFY PRETRIAL SCHEDULING ORDER

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