Storz Management Company et al v. Carey et al

Filing 138

STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 6/15/2020 MODIFYING the 4/20/2020 Order (ECF Document No. 134 ) to allow Plaintiffs until 9/17/2020 to produce Mr. Pierini for his continued deposition as SMC's PMK.(Becknal, R)

1 LEWIS BRISBOIS BISGAARD & SMITH LLP
CHRISTOPHER J. BAKES, SB# 99266
2 ANDREW D. BLUTH, SB# 232387
CAITLIN E. HIGGINS, SB# 298782
3 2020 West El Camino Avenue, Suite 700
Sacramento, California 95833
4 Tel: [phone]
Fax: [phone]
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Attorneys for Plaintiffs/Counterdefendants STORZ MANAGEMENT
6 COMPANY, a California corporation, and STORZ REALTY, INC.
7 weintraub tobin chediak coleman grodin law corporation
CHARLES L. POST, SB# 160443
8 JAMES KACHMAR, SB# 216781
400 Capitol Mall, 11th Floor
9 Sacramento, California 95814
Telephone: [phone]
10 Facsimile:
916/446.1611
11 Attorneys for Defendants/Counterclaimants
ANDREW CAREY and MARK WEINER
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

15 STORZ MANAGEMENT COMPANY, a
California Corporation, and STORZ
16 REALTY, INC.,
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Plaintiffs,

No. 2:18-cv-00068-TLN-DB
STIPULATION AND ORDER RE:
MODIFICATION OF ORDER DATED
APRIL 20, 2020 (DCKT. NO. 134)

vs.

19 ANDREW CAREY, an individual, and
MARK WEINER, an individual,
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Defendants.
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And related cross-claim.

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Plaintiffs/Counterdefendants Storz Management Company and Storz Realty, Inc.

25 (“Plaintiffs”), together with Defendants/Counterclaimants Andrew Carey and Mark Weiner
26 (“Defendants”) (Plaintiffs and Defendants referred to collectively as the “Parties”) hereby stipulate
27 to and request a modification to the Court’s April 20, 2020 Order as follows:

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WHEREAS, on or about February 14, 2020, the Court issued an Order (Dckt. # 125)
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4849-8016-2495.1

STIPULATION AND ORDER RE: JOINT REQUEST FOR ADDITIONAL TIME TO SCHEDULE
CONTINUED DEPOSITION OF JIM PIERINI

1 granting Defendants’ Motion to Compel Continued Deposition of James Pierini as Storz
2 Management Company’s (“SMC”) Person Most Knowledgeable (Dckt. # 116) and ordering
3 Plaintiffs to produce witness James Pierini for a continued deposition as SMC’s PMK by no later
4 than March 13, 2010; and
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WHEREAS, on or about March 12, 2020, the Court issued an Order (Dckt. # 130)

6 modifying its February 14 Order to allow until April 17 for the Parties to complete the deposition
7 of Mr. Pierini, given the scheduling difficulties created by current public health concerns; and
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WHEREAS, on or about April 20, 2020, the Court issued an Order (Dckt. # 134)

9 modifying its March 12 Order to allow until June 17 for the Parties to complete the deposition of
10 Mr. Pierini, given the scheduling difficulties created by current public health concerns; and
WHEREAS, due to continued social distancing, travel, and other restrictions necessitated

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12 by the current public health environment, the Parties agree that the deposition needs to be
13 continued to a later date; and
WHEREAS, the Parties jointly request that the Court modify its April 20, 2020 Order

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15 (Dckt. # 134) to allow additional time for the continued deposition of Mr. Pierini as SMC’s PMK
16 to take place.
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NOW, THEREFORE, the Parties jointly request:

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1. That the Court modify its April 20, 2020 Order (ECF Document No. 134) to allow

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Plaintiffs until September 17, 2020 to produce Mr. Pierini for his continued deposition

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as SMC’s PMK.

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22 IT IS SO STIPULATED AND AGREED.
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4849-8016-2495.1

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STIPULATION AND ORDER RE: JOINT REQUEST FOR ADDITIONAL TIME TO SCHEDULE
CONTINUED DEPOSITION OF JIM PIERINI

1 Respectfully submitted,
2 DATED: June 15, 2020

LEWIS BRISBOIS BISGAARD & SMITH

LLP

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By:

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DATED: June 15, 2020

/s/ Christopher J. Bakes
Christopher J. Bakes
Attorneys for Plaintiffs/Counterdefendants
STORZ MANAGEMENT COMPANY, a
California corporation, and STORZ REALTY,
INC.

WEINTRAUB TOBIN CHEDIAK COLEMAN
GRODIN

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By: /s/ James Kachmar (as authorized on 6/15/2020)
James Kachmar
Attorneys for Defendants / Counterclaimants
ANDREW CAREY and MARK WEINER

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ORDER
Pursuant to the parties’ stipulation, IT IS SO ORDERED.

19 DATED: June 15, 2020

/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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4849-8016-2495.1

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STIPULATION AND ORDER RE: JOINT REQUEST FOR ADDITIONAL TIME TO SCHEDULE
CONTINUED DEPOSITION OF JIM PIERINI