Palla v. L M Sports, Inc. et al

Filing 31

STIPULATION AND ORDER signed by District Judge John A. Mendez on 11/21/2017 ORDERING the trial-related deadlines shall be extended as follows: Discovery Cut-Off: May 7, 2018; Disclosure of Experts: March 12, 2018; Supplemental Disclosure of Experts: March 26, 2018; Dispositive Motions Deadline: June 25, 2018; Motions Hearing Date: July 24, 2018 at 1:30 p.m; Pre-Trial Conference RESET to September 7, 2018 at 10:00 a.m; and Jury Trial RESET to October 29, 2018 at 9:00 a.m. (Becknal, R)

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William A. Kershaw (State Bar No. 057486)
Anthony J. Garilli (State Bar No. 280886)
KERSHAW COOK & TALLEY, PC
401 Watt Avenue
Sacramento, California 95864
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

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Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MANISHA PALLA,
Plaintiff,

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v.

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L M SPORTS, INC. dba LAKESIDE
MARINA and dba ACTION
WATERSPORTS OF TAHOE; L T
LEASING, INC.; PAUL GARCIA; and
DOES 1 through 50, inclusive,

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IN THE MATTER OF THE COMPLAINT
OF LT LEASING, INC.; LM SPORTS, INC.
dba LAKESIDE MARINA and dba ACTION
WATERSPORTS AT LAKE TAHOE and
dba ACTION WATERSPORTS; TAMARA
HASSETT, individually; and ROBERT
HASSETT, individually,
LT LEASING, INC.; LM SPORTS, INC. dba
LAKESIDE MARINA and dba ACTION
WATERSPORTS and dba ACTION
WATERSPORTS OF LAKE TAHOE and
dba ACTION WATERSPORTS AT LAKE
TAHOE; TAMARA HASSETT, individually;
and ROBERT HASSETT, individually,

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Cross-Claimants,

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v.

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PAUL GARCIA,

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STIPULATION TO CONTINUE TRIAL
DATE AND TRIAL-RELATED
DEADLINES; ORDER THEREON

Defendants.

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Case No.: 2:16-CV-02865-JAM-EFB

Cross-Defendant.

-1Stipulation to Continue Trial Date and Trial-Related Deadlines; [proposed] Order Thereon

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Pursuant to Eastern District Local Rule 143, Plaintiff MANISHA PALLA, Defendants/

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Third Party Plaintiffs LT LEASING, INC.; LM SPORTS, INC. dba LAKESIDE MARINA and

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dba ACTION WATERSPORTS, LM SPORTS, INC. dba ACTION WATERSPORTS OF LAKE

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TAHOE and DBA ACTION WATERSPORTS AT LAKE TAHOE, Third Party Plaintiffs

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TAMARA HASSETT, individually, and ROBERT HASSETT, individually, Defendant PAUL

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GARCIA, Cross-Defendants SEAN O’DEA, NICHOLAS CARSCADDEN, and Cross-

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Defendant/ Cross-Claimant REGAN ROBERTS, hereby stipulate:

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1.

The Pre-Trial Scheduling Order issued by Hon. John A. Mendez on February 10,

2017 sets forth that the jury trial in this matter is set for June 25, 2018. The grounds for the
parties’ stipulation to continue the trial date and trial-related deadlines are as follows:

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WHEREAS, Cross-Defendant/ Cross-Claimant REGAN ROBERTS only just filed

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her Answer to the Complaint on October 23, 2017;

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WHEREAS, Cross-Defendant NICHOLAS CARSCADDEN only just filed his

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Answer to the Complaint on October 23, 2017;

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WHEREAS, Cross-Defendant EVAN BOTWIN has not filed an Answer to the

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Complaint to-date and Cross-Defendant EFE OZYURT must be served via The

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Hague Convention, therefore this matter is not presently at-issue;

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WHEREAS, the parties hereto are presently conducting written non-expert fact

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discovery;

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WHEREAS, Counsel for Plaintiff MANISHA PALLA is scheduled to take the

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depositions of ROBERT HASSETT and employee Mathon Foss on December 4

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and 5, 2017, the deposition of SEAN O’DEA on December 21, 2017, and the

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deposition of Julia Hontos on January 22, 2018;

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‐2‐
Stipulation to Continue Trial Date and Trial-Related Deadlines; [proposed] Order Thereon

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WHEREAS, it is premature to disclose expert witness information and reports

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before such time as all parties have appeared and the appropriate fact discovery

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and depositions have been completed. Absent a continuance of the trial and trial-

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related deadlines, the expert witnesses will not be in possession of the information

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necessary to prepare meaningful reports in advance of the presently scheduled

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expert disclosure date.

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2.

The parties hereto have agreed and stipulate to continue the jury trial date to

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October 29, 2018 at 9:00 a.m. The Pre-Trial Conference shall take place on September 7, 2018

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at 10:00 a.m. The trial-related deadlines shall be extended as follows:

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Discovery Cut-Off:

May 7, 2018

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Disclosure of Experts:

March 12, 2018

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Supplemental Disclosure of Experts:

March 26, 2018

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Dispositive Motions Deadline:

June 25, 2018

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Motions Hearing Date:

July 24, 2018 at 1:30 p.m.

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3.

This is the first stipulation for a continuance of the trial and trial-related deadlines,

and no parties to this action will be prejudiced by this stipulation.

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IT IS HEREBY STIPULATED AND AGREED, by and between counsel for the parties,

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and each of them, that the trial date, pre-trial conference date and trial-related deadlines shall be

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continued and extended as set forth hereinabove.

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DATED: November 20, 2017

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By:

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/s/ Anthony J. Garilli
Anthony J. Garilli, Esq.,
Counsel for Plaintiff MANISHA PALLA

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KERSHAW COOK & TALLEY, PC

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Stipulation to Continue Trial Date and Trial-Related Deadlines; [proposed] Order Thereon

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DATED: November 20, 2017

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COGSWELL NAKAZAWA & CHANG
By:

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DATED: November 20, 2017

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GUICHARD TENG & PORTELLO
By:

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DATED: November 20, 2017

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By:

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DATED: November 20, 2017

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By:

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DATED: November 20, 2017

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/s/ Dean Olson
Dean Olson, Esq.,
Counsel for Cross-Defendant, NICHOLAS
CARSCADDEN

LAURIA TOKUNAGA GATES & LINN, LLP
By:

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/s/ Edward Baldwin
Edward Baldwin, Esq.
Counsel for Defendant and Cross-Defendant
SEAN O’DEA

CLARK HILL, LLP

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/s/ William Portello
William Portello, Esq.,
Counsel for Defendant and Cross-Defendant,
PAUL GARCIA

WOOD SMITH HENNING & BERMAN

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/s/ Dena Aghabeg
Dena Aghabeg, Esq.,
Counsel for Defendants, Plaintiffs-in
Limitation, Cross-Claimants and Third-Party
Claimants, LT LEASING, INC.; LM
SPORTS, INC. dba LAKESIDE MARINA
and dba ACTION WATERSPORTS and dba
ACTION WATERSPORTS OF LAKE
TAHOE and dba ACTION WATERSPORTS
AT LAKE TAHOE; TAMARA HASSETT,
and ROBERT HASSETT

/s/ Brian Rosenthal
Brian Rosenthal, Esq.,
Counsel for Cross-Defendant/ CrossClaimant, REGAN ROBERTS

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Stipulation to Continue Trial Date and Trial-Related Deadlines; [proposed] Order Thereon

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ORDER

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IT IS SO ORDERED, that the jury trial date in this matter has been continued to

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October 29, 2018 at 9:00 a.m. The Pre-Trial Conference shall take place on September 7, 2018

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at 10:00 a.m. The trial-related deadlines shall be extended as follows:

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Discovery Cut-Off:

May 7, 2018

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Disclosure of Experts:

March 12, 2018

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Supplemental Disclosure of Experts:

March 26, 2018

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Dispositive Motions Deadline:

June 25, 2018

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Motions Hearing Date:

July 24, 2018 at 1:30 p.m.

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DATED: November 21, 2017

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/s/ JOHN A. MENDEZ_____________________
JOHN A. MENDEZ,
United States District Court Judge

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Stipulation to Continue Trial Date and Trial-Related Deadlines; [proposed] Order Thereon