Nygaard v. Property Damage Appraisers, Inc.

Filing 93

STIPULATION and ORDER signed by District Judge Vince Chhabria on 2/17/2021 ORDERING: Fact Discovery Cut-Off is 5/19/2021, Expert Disclosures due by 6/2/2021, Expert Rebuttal due by 6/16/2021, Expert Discovery Cut-Off 6/30/2021, Dispositive Motions to be heard by 8/6/2021, Pretrial Conference is continued to 10/18/2021, and Jury Selection and Trial date shall be continued to 10/25/2021. No further continuances will be granted. (Huang, H)

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JASON W. SCHAFF, SBN: 244285
JACOB D. FLESHER, SBN: 210565
FLESHER SCHAFF & SCHROEDER, INC.
2202 Plaza Drive
Rocklin, CA 95765
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiffs,
BRIAN NYGAARD; and BKN APPRAISALS, INC.

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IN THE UNITED STATES DISTRICT COURT

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IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA

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***

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BRIAN NYGAARD; and BKN
APPRAISALS, INC.,
Plaintiffs,
vs.

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PROPERTY DAMAGE APPRAISERS,
INC., a corporation;

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Defendant.

CASE NO. 2:16-cv-02184-VC
Complaint filed: 8/15/16
Trial Date: 3/1/21

STIPULATION TO CONTINUE
DATES SET FORTH IN THIS
COURT’S SEPTEMBER 19, 2020
ORDER [DKT. NO. 84]; PROPOSED
ORDER
***No further continuances will be granted.

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Pursuant to Northern District Local Rules 6-1, 6-2, and 7-12, Plaintiffs Brian K.

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Nygaard, an individual doing business as PDA Sacramento and PDA Stockton and BKN

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Appraisals, Inc., a California Corporation (collectively, Plaintiffs) and Defendant Property

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Damage Appraisers, Inc., a Corporation (“PDA”) (both Plaintiff and PDA are collectively

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referred to as the “Parties”), by and through their undersigned counsel, submit this

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Stipulation to Continue Dates Set Forth in This Court’s September 11, 2020 Order [Dkt.

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No. 84] in response to the Parties previous Stipulation to Continue Dates [Dkt. No. 80].

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The Parties continued to engage in meaningful discovery; however, given the Covid-

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19 pandemic constraints on document retrieval and the ability to investigate certain

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aspects of the case, the parties seek an additional continuance of all dates in this case for

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approximately 120 days in order to prepare for trial.

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STIPULATION TO CONTINUE DATES

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The Court previously ordered that the Fact Discovery-Cut Off date is continued

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from 9/21/2020 to 1/19/2021; the Expert Disclosures shall be continued from 10/5/2020 to

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2/2/2021; the Expert Rebuttal Reports shall be continued from 10/19/2020 to 2/16/2021; the

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Expert Discovery Cut-Off shall be continued from 11/2/2020 to 3/2/2021; the last date for a

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Hearing on Dispositive Motions shall be continued from 12/11/2020 to 4/15/2021; the

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Pretrial Conference date shall be continued from 2/22/2021 to 6/21/2021; and the Jury

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Selection and Trial date shall be continued from 3/1/2021 to 6/28/2021.

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The Parties agree to continue all currently calendared dates for approximately 120
days, as follows:

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Item

Current Date

Proposed Date

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Fact Discovery Cut-Off

1/19/2021

5/19/2021

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Expert Disclosure

2/2/2021

6/2/2021

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Expert Rebuttal

2/16/2021

6/16/2021

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Expert Discovery Cut-Off

3/2/2021

6/30/2021

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Hearing on Dispositive Motions 4/9/2021

8/6/2021

Pretrial Conference

6/21/2021

10/18/2021

Jury Selection and Trial

6/28/2021

10/25/2021

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As required by Local Rule 6-2(a), this stipulation is accompanied by a declaration.

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Further, this Stipulation is made in good faith and not for the purposes of delay. Finally,

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pursuant to Local Rule 6-1(b), a Court order “for any enlargement or shortening of time

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that alters an event or deadline already fixed by Court order” and Local Rule 6-2 permits

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the Parties to file a stipulation in writing to request “an order changing time that would

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affect the date of an event or deadline already fixed by this Court order.”

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NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and

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between the Parties, through their undersigned counsel of records that the Fact Discovery

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Cut-Off date shall be continued from January 19, 2021 to May 19, 2021; the deadline for

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Expert Disclosure shall be continued from February 2, 2021 to June 2, 2021; the deadline
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STIPULATION TO CONTINUE DATES

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to serve Expert Rebuttal February 16, 2021 to June 16, 2021; the Expert Discovery Cut-

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Off date shall be continued from March 2, 2021 to June 30, 2021; the Hearing on

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Dispositive Motions shall be continued from April 9, 2021 to August 6, 2021; the Pretrial

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Conference shall be continued from June 21, 2021 to October 18, 2021; and the Jury

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Selection and Trial date shall be continued from June 28, 2021 to October 25, 2021 or any

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other date that is reasonable and fits the Court’s calendar.

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DATED: January , 2021

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By /s/ Jason W. Schaff
JACOB D. FLESHER
JASON W. SCHAFF
Attorneys for Plaintiffs
Bryan Nygaard and BKN, Appraisals, Inc.

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DATED: January

, 2021

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DYKEMA GOSSETT, PLLC
By /s/ Victor Johnson
VICTOR JOHNSON
Attorneys for Defendant
Property Damage Appraisers, Inc.

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FLESHER SCHAFF & SCHROEDER, INC.

ATTESTATION PURSUANT TO CIVIL LOCAL RULE 5-1(i)(3)
I, Jason W. Schaff, am the ECF user whose identification and password are being
used to file the foregoing Stipulation to Continue Dates Set Forth in This Court’s
September 11, 2020 Order. I hereby attest that the above-referenced signatories in this
Stipulation to Continue Dates Set Forth in This Court’s September 11, 2020 Order have
concurred in this filing.
Date: January 13, 2021

By: __/s/ Jason W. Schaff_______________
Jason W. Schaff

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STIPULATION TO CONTINUE DATES

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PURSUANT TO THE STIPULATION, IT IS SO ORDERED

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The Court, having reviewed the Stipulation of the Parties and finding good cause,
hereby Issues an Order as follows:
1. The Fact Discovery Cut-Off date is continued from January 19, 2021 to May 19,
2021;
2. The deadline for Expert Disclosure shall be continued from February 2, 2021 to
June 2, 2021;
3. The deadline for Expert Rebuttal shall be continued from February 16, 2021 to
June 16, 2021;
4. The Expert Discovery Cut-Off shall be continued from March 2, 2021 to June 30,
2021;
5. The Hearing on Dispositive Motions shall be continued from April 9, 2021 to August
6, 2021;
6. The Pretrial Conference shall be continued from June 21, 2021 to October 18, 2021;
and
7. The Jury Selection and Trial date shall be continued from June 28, 2021 to October
25, 2021 or any other date that is reasonable and fits the Court’s calendar.

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February 17, 2021
Date: ______________

______ ____________________________

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HON. VINCE CHHABRIA
***No further continuances will be granted.

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STIPULATION TO CONTINUE DATES