Marshall v. Galvanoni et al

Filing 63

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 10/24/18 EXTENDING the deadline to complete fact discovery to 3/4/19; The deadline to complete expert discovery is EXTENDED to 6/14/19. The deadline to hear dispositive motions is EXTENDED to 7/26/19. (Becknal, R)

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MELINDA JANE STEUER (SBN 216105)
LAW OFFICES OF MELINDA JANE STEUER
[e-mail]
928 Second Street, Ste. 302
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff JOHN MARSHALL
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JOHN MARSHALL, an individual,

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Case No. 2:17-CV-00820-KJM-CKD

Plaintiff,

STIPULATION TO AMEND PRETRIAL
SCHEDULING ORDER TO EXTEND
DISCOVERY CUT-OFF AND RELATED
DATES; ORDER

v.
DANIEL P. GALVANONI, an individual;
DPG INVESTMENTS, LLC, a foreign
limited liability company; DPG GOLDEN
EAGLE, LLC, a foreign limited liability
company; SPRING TREE LENDING,
LLC, a foreign limited liability company;
SPRING TREE HOLDINGS, LLC, a
foreign limited liability company; SPRING
TREE FINANCIAL, LLC, a foreign limited
liability company; SKIBO HOLDINGS,
LLC, a foreign limited liability company;
GERALD T. HUDSPETH, an individual;
JEROME L. JOSEPH, an individual;
WILLIAM J. BROOKSBANK, an
individual; AND DOES 1-100, inclusive,
Defendants.

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Pursuant to the Eastern District of California Local Rules 144, plaintiff JOHN
MARSHALL (“Plaintiff”) and defendants DANIEL P. GALVANONI; DPG
INVESTMENTS, LLC; DPG GOLDEN EAGLE, LLC; SPRING TREE HOLDINGS,
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Stipulation to Amend Pretrial Scheduling Order to Extend Discovery Cut-Off and Related Dates; Order

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LLC; SPRING TREE FINANCIAL, LLC; and SKIBO HOLDINGS, LLC

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(“Defendants”) (collectively, "Parties"), by and through their respective counsel of

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record, hereby stipulate and agree to amend the Pretrial Scheduling Order so as to extend

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the cut-off for completing fact discovery from December 3, 2018 to March 4, 2019 and to

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extend all associated deadlines so that they are based upon the new discovery cut-off

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date.

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Good cause exists for the request because the defendants and their agents, as well

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as other key third party witnesses reside in Georgia, Arizona and/or South Carolina; there

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are at least nine such witnesses whose depositions plaintiff needs to take; and plaintiff’s

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counsel has been unable to travel out of state to take depositions since September 18,

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2018 and will not be able to travel out of state until approximately early to mid-

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November of 2018 due to the hospitalization of her husband on September 18, 2018 and

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her spraining her ankle on October 6, 2018. (Declaration of Melinda Jane Steuer (“Steuer

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Decl.”) ¶¶5-12; Exhibits 1 & 2 to Steuer Decl.) Counsel have met and conferred and do

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not believe that there is sufficient time between November 7, 2018 and December 3, 2018

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to take all of the depositions that need to be taken in this matter in light of the

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Thanksgiving holiday and their respective trial schedules. (Steuer Decl. ¶11)

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In addition, counsel have other trials and immovable commitments during parts of

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December, January and February and have not yet ascertained the availability of the

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witnesses to be deposed. (Steuer Decl. ¶12) Counsel believe that extending the discovery

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cut-off date to March 4, 2019 will realistically allow the parties to complete all fact

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discovery by the cut-off date. (Steuer Decl. ¶12)

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Moreover, plaintiff has a motion for relief from stay as to defendant American

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Credit Acceptance, LLC (“ACA”) in the U.S. Bankruptcy Court, Northern District of

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Georgia, that is scheduled to be heard on November 14, 2018. (Steuer Decl. ¶13; Exh. 3

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to Steuer Decl.) Accordingly, counsel believes that an extension of the discovery cut-off

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to March 4, 2019 will allow ACA to fully participate in fact discovery if plaintiff’s

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Stipulation to Amend Pretrial Scheduling Order to Extend Discovery Cut-Off and Related Dates; Order

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motion for relief from stay is granted and ACA remains in the case as a party defendant.

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(Steuer Decl.)

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The proposed extension is for approximately ninety (90) days. (Steuer Decl. ¶14)

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No other extensions of time have been requested or received regarding the discovery cut-

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off dates set forth in the court’s pre-trial order. (Steuer Decl. ¶14)

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IT IS SO STIPULATED.
Dated: October _____, 2018

CLARK HILL LLP

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/s/ Bradford G. Hughes
By:

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BRADFORD G. HUGHES
TIFFANY B. HUNTER

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Attorneys for defendants DANIEL P.
GALVANONI; DPG INVESTMENTS, LLC;
DPG GOLDEN EAGLE, LLC; SPRING TREE
LENDING, LLC; SPRING TREE HOLDINGS,
LLC; SPRING TREE FINANCIAL, LLC; and
SKIBO HOLDINGS, LLC

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DATED: October ____, 2018

LAW OFFICES OF MELINDA JANE
STEUER

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By: /s/ Melinda Jane Steuer ___________
MELINDA JANE STEUER

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Attorney for Plaintiff JOHN MARSHALL

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Stipulation to Amend Pretrial Scheduling Order to Extend Discovery Cut-Off and Related Dates; Order

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ORDER

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Pursuant to stipulation, and for good cause shown, the deadline to complete fact

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discovery is hereby extended to March 4, 2019. The deadline to complete expert discovery is

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hereby extended to June 14, 2019. The deadline to hear dispositive motions is hereby extended

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to July 26, 2019.

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IT IS SO ORDERED.

DATED: October 24, 2018.
UNITED STATES DISTRICT JUDGE

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Stipulation to Amend Pretrial Scheduling Order to Extend Discovery Cut-Off and Related Dates; Order