Lehr et al v. Perri Electric, Inc., et al

Filing 36

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 1/25/19 ORDERING that the deadline to disclose expert reports shall be retroactively extended to 1/4/2019. The deadline for all Parties to conduct expert discovery shall be exten ded to 3/6/2019. The deadline for all Parties to hear dispositive motions shall be extended to 4/8/2019 Final Pretrial Conference continued to 6/10/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Trial continued to 8/13/2019 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Defendants shall have three (3) business days to file and serve the Amended Answer. (Kaminski, H)

1 Christopher J. Fry, Esq. (SBN: 298874)
Email: [e-mail]
2 FRY LAW CORPORATION
980 9th Street, 16th Floor
3 Sacramento, California 95814
Telephone: [phone]
4 Facsimile: [phone]
5 Attorneys for Plaintiffs,
PAUL LEHR and COLLEEN LEHR
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UNITED STATES DISTRICT COURT

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IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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PAUL LEHR and COLLEN LEHR,
Plaintiffs,

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vs.
FRANK M. PERRI; PERRI ELECTRIC,
INC., a California Corporation; PERRI
ELECTRIC INC. PROFIT SHARING PLAN;
PERRI ELECTRIC INC. PROFIT SHARING
TRUST FUND; and DOES 1-50,
Defendants.

CASE NO.: 2:17-cv-01188 WBS GGH
STIPULATION RE CONDITIONAL
NON-OPPOSITION OF EX PARTE
APPLICATION; REQUEST TO REVISE
TRIAL AND SOME RELATED DATES
[Proposed Order filed concurrently
herewith.]
Date: TBD
Time: TBD
Courtroom: TBD
Judge: Hon. William B. Shubb
Trial: June 25, 2019
Action Filed: June 7, 2017

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STIPULATION RE CONDITIONAL NON-OPPOSITION

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IT IS HEREBY AND AGREED, between Plaintiffs PAUL LEHR and COLLEN

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LEHR (“Plaintiffs”), Defendants FRANK M. PERRI and PERRI ELECTRIC, INC., a

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California Corporation; (collectively “Defendants”), through their respective counsel of

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record, as follows:

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2443 Fair Oaks Boulevard, No. 545
Sacramento, CA 95825
Telephone: [phone]

PALMER LAW GROUP

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WHEREAS, on January 7, 2019, Plaintiffs filed their “Ex Parte Application to
Extend Expert Report Deadlines” and supporting documents;
WHEREAS, on January 9 and January 10, the Parties continued to meet and
confer and have come to a conditional agreement subject to the Court’s approval;
WHEREAS, Defendants have reviewed the Application and do not wish to file
any opposition so long as the deadlines are extended as follows;
WHEREAS, the Parties have agreed to retroactively extend the time to produce
expert reports to January 4, 2019 considering Plaintiffs’ production timely;
WHEREAS, the Parties have agreed that Defendants’ disclosure of rebuttal
expert witness reports shall be extended to February 20, 2019;
WHEREAS, the Parties have agreed that both sides’ deadline to conduct expert

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discovery shall be extended to March 6, 2019;
WHEREAS, the Parties have agreed to extend both sides’ deadline to hear
dispositive motions to April 8, 2019;
WHEREAS, on June 7, 2017, Plaintiffs filed their Complaint against Defendants;
WHEREAS, on October 31, 2017, Defendants filed their Answer;
WHEREAS, Defendants have reviewed their Answer and wish to slightly amend

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it to include an additional affirmative defense (a “redline” version is attached hereto as

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Exhibit A.);

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WHEREAS, Plaintiffs do not wish to oppose Defendants’ request to file the
Amended Answer;
WHEREAS, the Parties have agreed that Defendants’ Amended Answer be filed
within three (3) business days of the Court signing the order allowing it;
WHEREAS, the Parties have agreed that Plaintiffs shall have ninety (90) days
OBJECTION TO MOSES JOSEPH’S MOTION TO CONTINUE HEARING
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from the date of filing to conduct limited scope discovery relating to the amendment;

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WHEREAS, the Parties have agreed the Plaintiffs’ deadline to hear discovery

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motions within the limited scope of the amendment be extended to one-hundred ten

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days from the date of filing the amendment;

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2443 Fair Oaks Boulevard, No. 545
Sacramento, CA 95825
Telephone: [phone]

PALMER LAW GROUP

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WHEREAS, the Parties initially submitted stipulations to this affect but were
notified that the trial must be continued in order to preserve scheduling limitations;
WHEREAS, the Parties now agree to continue trial on this matter to August 13,
2019 at 9:00 a.m.;
WHEREAS, the Parties now also agree to continue the Pretrial Conference to
June 10, 2019 at 1:30 p.m.;
WHEREAS, good cause exists for granting the Ex Parte Application based on the
Parties’ request to extend theses deadline in accordance with Federal Rules of Civil
Procedure;
Good cause having been shown, the Parties respectfully request that the Court

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grant the Ex Parte Application and extend these deadlines as set forth above.
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NOW THEREFORE, the Parties HEREBY STIPULATED AND AGREE AS
FOLLOWS:
1. The Ex Parte Application by Plaintiffs is granted subject to the following
revisions to the order;
2. The deadline to disclose expert reports shall be retroactively extended to
January 4, 2019;
3. The deadline for Defendants to disclose rebuttal reports shall be extended to
February 20, 2019;
4. The deadline for all Parties to conduct expert discovery shall be extended to
March 6, 2019;
5. The deadline for all Parties to hear dispositive motions shall be extended to
April 8, 2019;
6. The trial in this matter will be continued to August 13, 2019 at 9:00a.m.;
OBJECTION TO MOSES JOSEPH’S MOTION TO CONTINUE HEARING
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7. The final Pretrial Conference shall be continued to June 10, 2019 at 1:30
p.m.;
8. Defendants shall have three (3) business days to file and serve the Amended
Answer as proposed herein;
9. The deadline to conduct limited discovery relating only to the amendment
shall be extended to ninety (90) days from the date it is filed;
10. The deadline to hear discovery motions related solely to the limited scope of
discovery set forth in Paragraph 9, above, shall be extended to one-hundred
ten (110) days from the date the amendment is filed.

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DATED: January 25, 2019

FRY LAW CORPORATION

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2443 Fair Oaks Boulevard, No. 545
Sacramento, CA 95825
Telephone: [phone]

PALMER LAW GROUP

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By:_ /s/ Christopher J. Fry___
Christopher J. Fry, Esq.
Attorney for Plaintiffs

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DATED: January 25, 2019

LAW OFFICE OF SPENCER T. MALYSIAK
LAW CORP

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By:_ /s/Richard Shoemaker-Moyle__
Richard Shoemaker-Moyle, Esq.
Attorney for Defendants

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Order on the next page….

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OBJECTION TO MOSES JOSEPH’S MOTION TO CONTINUE HEARING
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ORDER

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Based upon the Stipulation submitted by and between PAUL LEHR and COLLEN

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LEHR (“Plaintiffs”), on the one hand, and Defendants FRANK M. PERRI; PERRI

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ELECTRIC, INC., a California Corporation; (collectively “Defendants”), on the other hand, it

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is hereby ORDERED:
1.

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The Ex Parte Application by Plaintiffs is granted subject to the following
revisions to the order;

2.

The deadline to disclose expert reports shall be retroactively extended to

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January 4, 2019;
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3.

February 20, 2019;

2443 Fair Oaks Boulevard, No. 545
Sacramento, CA 95825
Telephone: [phone]

PALMER LAW GROUP

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4.

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6.

The trial in this matter will be continued to August 13, 2019 at 9:00a.m.;

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The final Pretrial Conference shall be continued to June 10, 2019 at
1:30 p.m.;

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8.

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The deadline to conduct limited discovery relating to the amendment shall be
extended to ninety (90) days from the date it is filed;

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Defendants shall have three (3) business days to file and serve the Amended
Answer as proposed herein;

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The deadline for all Parties to hear dispositive motions shall be extended to
April 8, 2019;

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The deadline for all Parties to conduct expert discovery shall be extended to
March 6, 2019;

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The deadline for Defendants to disclose rebuttal reports shall be extended to

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The deadline to hear discovery related motions as to the limited discovery

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shall be extended to one-hundred ten (110) days from the date the

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amendment is filed.

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11.

Dated: January 25, 2019

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OBJECTION TO MOSES JOSEPH’S MOTION TO CONTINUE HEARING
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