Sustainable Pavement Technologies, LLC v. Holiday et al

Filing 57

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 11/15/18 CONTINUING hearing date and AMENDING the Status (Pretrial Scheduling) Order. Settlement Conference SET for 12/6/2018 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge K endall J. Newman. Plaintiff's Opposition to Chase's Motion 12/14/2018; Chase's Reply in Support of Chase's Motion: 12/21/2018. HEARING on Chase's Motion 51 SET for 1/7/2019. Final Pretrial Conference SET for 2/25/2019 at 01:30 PM. Trial SET for 4/2/2019 at 09:00 AM. (Mena-Sanchez, L)

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MARK A. SERLIN (SBN 122155)
SERLIN & WHITEFORD, LLP
701 E Street
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiff,
SUSTAINABLE PAVEMENT TECHNOLOGIES, LLC

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KURT A. KAPPES – SBN 146384
MICHAEL D. LANE – SBN 239517
GREENBERG TRAURIG, LLP
1201 K Street, Suite 1100
Sacramento, CA 95814-3938
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant,
JPMORGAN CHASE BANK, N.A.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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(Sacramento Division)

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SUSTAINABLE PAVEMENT
TECHNOLOGIES, LLC,

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Plaintiff,
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v.

CASE NO. 2:17-cv-02687-WBS-KJN
STIPULATION AND [PROPOSED] ORDER
TO CONTINUE HEARING DATE (ECF NO.
51) AND AMEND THE STATUS (PRE-TRIAL
SCHEDULING) ORDER (ECF NO. 24)

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RICH HOLIDAY, RYAN (TIM) BONARI,
JPMORGAN CHASE BANK, N.A., and
BANK OF AMERICA, N.A.,
Defendants.

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Case No. 2:17-cv-02687-WBS-KJN
STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE (ECF NO. 51) AND AMEND THE
STATUS (PRE-TRIAL SCHEDULING) ORDER (ECF NO. 24)

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IT IS HEREBY STIPULATED by and between Plaintiff Sustainable Pavement Technologies,

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LLC (“SPT”) and Defendant JPMorgan Chase Bank, N.A. (“Chase”) (collectively the “Parties”), through

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their respective counsel, that (i) a Settlement Conference be set on December 6, 2018 before Magistrate

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Judge Newman, (ii) that the hearing date for Chase’s Motion for Summary Judgement, or in the

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Alternative Partial Summary Judgment (ECF No. 51) be continued, and (iii) that the Status (Pre-trial

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Scheduling) Order (ECF No. 24) be amended to continue the current Pre-Trial Conference and Trial

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dates.

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I.

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PROCEDURAL HISTORY
On April 23 2018, the Court entered a Status (Pre-trial Scheduling) Order, which included the

following deadlines:

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Dispositive Motion Deadline: October 30, 2018

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Final Pre-Trial Conference: December 3, 2018 at 1:30 p.m.

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Trial: January 8, 2019 at 9:00 a.m.

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ECF No. 24.

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On October 30, 2018, Chase filed its Motion for Summary Judgement, or in the Alternative

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Partial Summary Judgment (the “Motion”) (ECF No. 51) and set the Motion to be heard on the first

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available date, December 10, 2018. On November 7, 2018, the Court reset the hearing for Chase’s

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Motion to December 3, 2018 on the Court’s own motion. (ECF No. 53.)

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Shortly after filing the Motion, Chase was requested by Court personnel to meet and confer with

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SPT’s counsel and come to an agreement to continue both the Final Pre-Trial Conference and Trial to a

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date after the hearing on Chase’s Motion. Court personnel advised Chase that January 28, 2019 and

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March 12, 2019 were both available dates on which to set the continued Final Pre-Trial Conference and

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Trial, respectively.

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Counsel for Chase and SPT met, conferred, and agreed to set a settlement conference on
December 6, 2018, a date on which Magistrate Judge Kendall J. Newman is available.

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The Parties further agreed that it would be prudent to continue the hearing and briefing dates for

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the Motion, and the Pre-Trial and Trial dates, to permit the Parties to engage in the settlement

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negotiations without incurring additional legal costs and expenses.
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Case No. 2:17-cv-02687-WBS-KJN
STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE (ECF NO. 51) AND AMEND THE
STATUS (PRE-TRIAL SCHEDULING) ORDER (ECF NO. 24)

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II.

LEGAL STANDARD

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Federal Rule of Civil Procedure 16 provides that a pretrial schedule “may be modified only for

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good cause and with the judge’s consent.” Fed. R. Civ. P. 16(b)(4). The Parties must demonstrate that

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they acted with diligence in complying with the scheduling order’s deadlines and in seeking leave to

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amend. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). “Good cause” exists

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when a deadline “cannot reasonably be met despite the diligence of the party seeking the extension.”

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Johnson, 975 F.2d at 609 (citation omitted). Thus, “Rule 16(b)’s ‘good cause’ standard primarily

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considers the diligence of the party seeking the amendment.” Id.; see also Coleman v. Quaker Oats Co.,

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232 F.3d 1271, 1294 (9th Cir. 2000).

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III.

DISCUSSION

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The Parties stipulate that good cause exists to continue the hearing date on Chase’s Motion and

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amend the Scheduling Order because the requested continuances will allow the Parties the opportunity to

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engage in a meaningful settlement conference without incurring additional legal costs and expenses, or,

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should the case not be settled, enable both the Parties and the Court to more efficiently resolve and/or

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narrow their focus on any remaining issues as they prepare this matter for trial.

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The Parties bring this request in a reasonable amount of time in advance of the current trial date

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so as to give the Court adequate notice with regard to the management of its docket. Also, this is the first

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such continuance that the Parties have requested or received, and neither Party will be prejudiced by a

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continuance.
Accordingly, the Parties propose the following amended schedule:

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Settlement Conference: December 6, 2018.

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Plaintiff’s Opposition to Chase’s Motion: December 14, 2018.

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Chase’s Reply in Support of Chase’s Motion: December 21, 2018.

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Hearing on Chase’s Motion: January 7, 2019.

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Final Pre-Trial Conference: January 28, 2019 at 1:30 p.m.

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Trial: March 12, 2019 at 9:00 a.m.

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Case No. 2:17-cv-02687-WBS-KJN
STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE (ECF NO. 51) AND AMEND THE
STATUS (PRE-TRIAL SCHEDULING) ORDER (ECF NO. 24)

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IV.

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CONCLUSION
Based on the foregoing, the Parties respectfully request that the Court issue an Order continuing

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the Hearing regarding Chase’s Motion and amending the Status (Pre-trial Scheduling) Order.

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IT IS SO STIPULATED.
Respectfully submitted,

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Dated: November 14, 2018

GREENBERG TRAURIG, LLP

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By: /s/ Kurt A. Kappes
Kurt A. Kappes
Michael D. Lane
Attorneys for Defendant
JPMORGAN CHASE BANK, N.A.

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Dated: November 14, 2018

SERLIN & WHITEFORD, LLP
/s/ Mark A. Serlin (as authorized on 11/14/18)
Mark A. Serlin
Attorneys for Plaintiff
SUSTAINABLE PAVEMENT TECHNOLOGIES, LLC

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Case No. 2:17-cv-02687-WBS-KJN
STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE (ECF NO. 51) AND AMEND THE
STATUS (PRE-TRIAL SCHEDULING) ORDER (ECF NO. 24)

ORDER

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Pursuant to the stipulation of the Parties herein and for good cause shown, it is hereby ordered

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that the hearing date and briefing schedule for Chase’s Motion for Summary Judgment, or in the

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Alternative, Partial Summary Judgment (ECF No. 51) is set, and the Status (Pre-trial Scheduling) Order

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is amended as follows:

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Settlement Conference: December 6, 2018 at 9:00 a.m.

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Plaintiff’s Opposition to Chase’s Motion: December 14, 2018.

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Chase’s Reply in Support of Chase’s Motion: December 21, 2018.

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Hearing on Chase’s Motion: January 7, 2019.

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Final Pre-Trial Conference: February 25, 2019 at 1:30 p.m.

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Trial: April 2, 2019 at 9:00 a.m.

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IT IS SO ORDERED.

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Dated: November 15, 2018

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Case No. 2:17-cv-02687-WBS-KJN
STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE (ECF NO. 51) AND AMEND THE
STATUS (PRE-TRIAL SCHEDULING) ORDER (ECF NO. 24)