Marshall v. Galvanoni et al

Filing 81

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 3/14/2019 ORDERING the deadline to complete fact discovery is EXTENDED to 6/14/2019. The deadline to complete expert discovery is EXTENDED to 9/20/2019. The deadline to hear dispositive motions is EXTENDED to 10/18/2019. (Zignago, K.)

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CLARK HILL LLP
Bradford G. Hughes (SBN 247141)
[e-mail]
Tiffany B. Hunter (SBN 306382)
[e-mail]
1055 West Seventh Street, Suite 2400
Los Angeles, CA 90017
Telephone: [phone]
Facsimile: [phone]
KAUFMAN & FORMAN, P.C.
Alex B. Kaufman (SBN GA 136097)
[e-mail]
Matthew D. Treco (SBN GA 802181)
[e-mail]
8215 Roswell Rd., Building 800
Atlanta, Georgia 30350-6445
Telephone: [phone]
Facsimile: 770.395.6720
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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STIPULATION TO CONTINUE FACT
AND EXPERT DISCOVERY CUT-OFF
DATES, AND LAST DAY FOR
HEARING ON DISPOSITIVE MOTIONS

Plaintiff,

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

JOHN MARSHALL, an individual,

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;
AMERICAN CREDIT ACCEPTANCE,
LLC, a foreign limited liability company;
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STIPULATION TO CONTINUE
ClarkHill\93764\327708\220961728.v1-1/23/19

2:17-CV-00820-KJM-CKD

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AND DOES 1-100, inclusive,
Defendants.

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Pursuant to the Eastern District of California Local Rules 144, plaintiff JOHN

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MARSHALL (“Plaintiff”), defendants DANIEL P. GALVANONI; DPG

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INVESTMENTS, LLC; DPG GOLDEN EAGLE, LLC; SPRING TREE LENDING,

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

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SKIBO HOLDINGS, LLC (“Defendants”), and defendant AMERICAN CREDIT

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ACCEPTANCE, LLC (“ACA”) (collectively, “Parties”), by and through their respective

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counsel of record, hereby agree to continue discovery and motion deadlines by

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approximately 90 days and stipulate to the following new dates:

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1.

Fact Discovery Cut-off: June 14, 2019;

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2.

Expert Discovery Cut-off: September 20, 2019;

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3.

Last Day for Hearing on Dispositive Motions: October 11, 2019.

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There is good cause to grant this stipulation because the Parties cannot complete

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necessary fact and expert discovery before the current cut-off dates. The Parties have

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conducted initial written discovery in this matter; however, the Parties ability to conduct

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further discovery and to meet and confer on initial discovery is impeded by the pending

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investigation into Defendants, including Daniel Galvanoni but excluding ACA, instituted

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by the Securities and Exchange Commission (“SEC”). Defendants (excluding ACA) are

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seeking a stay of this litigation pending resolution of the SEC’s investigation. It is the

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moving Defendants’ position that the SEC instituted a quasi-criminal investigation, and

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such investigation implicates the Fifth Amendment rights of individuals and witnesses

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involved in this matter. However, Plaintiff believes that the SEC’s investigation is not

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quasi-criminal. Given Defendants’ (excluding ACA) assertions that the SEC’s quasi-

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criminal investigation is a quasi-criminal investigation which implicates the Fifth

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Amendment rights of individuals and witnesses involved in this matter, and defendants’

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motion to stay discovery pending the completion of the SEC’s investigation, the Parties
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STIPULATION TO CONTINUE

2:17-CV-00820-KJM-CKD

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cannot presently complete discovery within the Scheduling Order. Based on the SEC’s
investigation and the hearing date on Defendants’ motion for a stay of proceedings, the
Parties do not have sufficient time to conduct written discovery and depositions before
the fact discovery cutoff. Good cause accordingly exists to grant this Stipulation in order
to provide the Parties with sufficient time to conduct fact and expert discovery.
Furthermore, the unavailability of counsel, including as a result of trial in other
matters, provides additional good cause as most counsel are not available to participate in
depositions in time to complete discovery as currently ordered. Counsel are unavailable
as follows:
1.

Counsel for Plaintiff: January 24, 2019 (mediation), January 31, 2019

(Mandatory Settlement Conference-Orange County Superior Court; February 526, 2019 (trial-San Diego Superior Court); March 6, 2019 (deposition); March 7,
2019 (mediation).
2.

Counsel for Defendant ACA: January 25-February 5, 2019; March 11-13;

March 22-April 1; April 23-25; April 29-May 1.
3.

Counsel for Defendants: January 31, 2019 (pretrial hearing); February 7,

2019 (deposition); February 21, 2019 (personal matter); April 8-9, 2019 (appellate
oral argument); April 12-15, 2019 (vacation); April 19-22, 2019 (religious
holidays); June 13-25, 2019 (business travel/vacation). Further, Bradford Hughes,
local counsel for Defendants, is currently scheduled to be in trial on the following
dates: April 2, 2019; April 26, 2019; April 30, 2019; May 2, 2019; June 3, 2019;
June 25, 2019; July 22, 2019; August 6, 2019; September 9, 2019; October 2,
2019; November 18, 2019; March 2, 2020; April 12, 2020; April 13, 2020; April
17, 2020.

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IT IS SO STIPULATED.

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STIPULATION TO CONTINUE

2:17-CV-00820-KJM-CKD

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Dated: January 23, 2019

CLARK HILL LLP

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By: /s/ Bradford Hughes
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: January 23, 2019

BURR AND FORMAN LLP

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By:

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/s/ Alan Daniel Leeth
Alan Daniel Leeth
Matthew T. Mitchell, PHV

Attorneys for defendant AMERICAN
CREDIT ACCEPTANCE, LLC

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DATED: January 23, 2019

BOUTIN JONES INC.

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By:

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/s/ Daniel S. Stouder
Daniel S. Stouder

Attorneys for defendant AMERICAN
CREDIT ACCEPTANCE, LLC

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STIPULATION TO CONTINUE

2:17-CV-00820-KJM-CKD

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DATED: January 23, 2019

LAW OFFICES OF MELINDA JANE
STEUER

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By:

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/s/ Melinda Jane Steuer _________
MELINDA JANE STEUER

Attorney for Plaintiff JOHN MARSHALL

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ORDER
Pursuant to stipulation, and for good cause shown, the deadline to complete fact
discovery is hereby extended to June 14, 2019. The deadline to complete expert discovery is

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hereby extended to September 20, 2019. The deadline to hear dispositive motions is hereby
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extended to October 18, 2019.
IT IS SO ORDERED.
DATED: March 14, 2019.

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UNITED STATES DISTRICT JUDGE

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STIPULATION TO CONTINUE

2:17-CV-00820-KJM-CKD