Storz Management Company et al v. Carey et al

Filing 264

STIPULATION and ORDER signed by District Judge Daniel J. Calabretta on 09/06/23 EXTENDING the cutoff for fact discovery to 11/15/23, for the limited purpose of allowing Defendants to complete taking the PMK Depositions. (Licea Chavez, V)

1
2
3
4
5
6
7
8
9

DANIEL V. KOHLS (SBN 167987)
MARK D. SZYNTAR (SBN 316170)
HANSEN, KOHLS, SOMMER & JACOB, LLP
1520 Eureka Road, Suite 100
Roseville, California 95661
Telephone:
[phone]
Email:
[e-mail]
[e-mail]
Attorneys for Plaintiffs STORZ MANAGEMENT
COMPANY, STORZ REALTY, INC., HERITAGE
FUNDING CORPORATION, and HERITAGE
FUNDING IV and Counter-Defendants STORZ
MANAGEMENT COMPANY, STORZ REALTY,
INC.

HANSEN, KOHLS, SOMMER & JACOB, LLP

10
UNITED STATES DISTRICT COURT

11

EASTERN DISTRICT OF CALIFORNIA

12
13

16

STORZ MANAGEMENT COMPANY, a
California Corporation, and STORZ REALTY,
INC., a California Corporation, HERITAGE
FUNDING CORPORATION, a California
corporation, and HERITAGE FUNDING IV, a
California corporation,

17

Plaintiff,

14
15

18

v.

19

ANDREW CAREY, an individual, and MARK
WEINER, an individual, JOY KELLY, an
individual, NANCY HUGHES, an individual.
MONOLITH, LLC, a California entity, and
MONOLITH PROPERTIES, INC., a
California corporation,

20
21
22
23
24

Case No. 2:18-cv-00068-DJC-DB
STIPULATION AND ORDER TO
MODIFY SCHEDULING ORDER TO
EXTEND CUT-OFF TO COMPLETE
PMK DEPOSITIONS

Complaint Filed: January 11, 2018
FAC Filed: January 30, 2018
SAC Filed: March 17, 2021

Defendants.
______________________________________
AND RELATED COUNTERCLAIMS

25

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

26

Plaintiffs Heritage Funding Corporation and Heritage Funding IV (“Plaintiffs”), together with

27

Defendants/Counterclaimants Andrew Carey and Mark Weiner, and Defendants Joy Kelly, Nancy

28

Hughes, Monolith, LLC and Monolith Properties, Inc. (“Defendants”) (Plaintiffs and Defendants
00032592.1
STIP AND ORDER TO MODIFY SCHEDULING ORDER TO EXTEND CUT-OFF TO TAKE DEPOSITIONS

1

referred to collectively as the “Parties”), by and through their respective counsel of record, hereby

2

stipulate to and request a modification to the Court’s Amended Scheduling Order issued on

3

February 22, 2023 (ECF No. 221) as follows:

4

WHEREAS on or about February 22, 2023, this Court issued a Minute Order wherein it

5

ordered all fact discovery to be completed by no later than August 31, 2023 (see ECF No. 221);

6
7
8
9
HANSEN, KOHLS, SOMMER & JACOB, LLP

10
11

WHEREAS Plaintiffs’ new counsel substituted in as Plaintiffs’ counsel of record on July
19, 2023 (see ECF No. 254);
WHEREAS the Parties were engaged in a meet and confer process regarding discovery
issues from July 25, 2023, to August 11, 2023, and the Parties filed an updated Joint Statement re:
Discovery Disagreement on August 11, 2023 (see ECF No. 259);
WHEREAS Defendants have noticed the depositions of the Persons Most Knowledgeable

12

of Storz Realty, Inc., Heritage Funding IV and Heritage Funding Corporation (“PMK

13

Depositions”), which are noticed for August 17th-18th, 21st-22nd and 24th-25th;

14
15

WHEREAS Defendants propounded numerous written discovery requests on August 1,
2023, all of which require Plaintiffs’ written responses by August 31, 2023;

16

WHEREAS the Parties acknowledge that Plaintiffs’ counsel of record is unable to

17

participate in any of the currently noticed PMK Depositions until at least October of 2023, due to

18

scheduling conflicts, including but not limited to, Plaintiffs’ counsel will be out of the country

19

from September 11, 2023 to October 9, 2023;

20
21
22
23

WHEREAS the Parties have met and conferred on the scheduling conflicts and have
agreed that the PMK Depositions need to be continued to later dates;
WHEREAS the Parties have tentatively rescheduled the PMK Depositions to occur before
October 31, 2023;

24

WHEREAS the Parties jointly request that the Court modify its Amended Scheduling

25

Order issued on February 22, 2023, (ECF No. 221) to allow additional time for the continued

26

PMK Depositions to be completed;

27
28

WHEREAS good cause exists to allow additional time for Defendants to take the PMK
Depositions due to Plaintiffs’ counsel recently being substituted in as counsel, his unavailability
00032592.1

-2-

STIP AND ORDER TO MODIFY SCHEDULING ORDER TO EXTEND CUT-OFF TO TAKE DEPOSITIONS

1

for the depositions to be completed before October 2023, and Plaintiffs’ August 31, 2023,

2

deadline to adequately prepare and serve written responses to Defendants’ discovery requests.

3

NOW, THEREFORE, the Parties jointly request:

4

1.

That the Court modify its amended Scheduling Order issued on February 22, 2023

5

(ECF No. 221), to extend the deadline for the cutoff of fact discovery to November 15, 2023, for

6

the limited purpose of allowing Defendants to complete the PMK Depositions.

7

IT IS SO STIPULATED AND AGREED.

8

DATED: August 16, 2023

HANSEN, KOHLS, SOMMER & JACOB, LLP

9
HANSEN, KOHLS, SOMMER & JACOB, LLP

10

By:__/s/ Daniel v. Kohls
DANIEL V. KOHLS
Attorneys for Plaintiffs/Counterdefendants
STORZ MANAGEMENT COMPANY, STORZ
REALTY, INC., HERITAGE FUNDING
CORPORATION and HERITAGE FUNDING IV

11
12
13
14

DATED: August 16, 2023

15
16

WEINTRAUB TOBIN CHEDIAK COLEMAN
GRODIN

By:__/s/ James Kachmar
JAMES KACHMAR
Attorneys for Defendants/Counterclaimants
ANDREW CAREY, MARK WEINTER, and
Defendants JOY KELLY, NANCY HUGHES,
MONOLITH, LLC and MONOLITH
PROPERTIES, INC.

17
18
19
20
21
22
23
24
25
26
27
28
00032592.1

-3-

STIP AND ORDER TO MODIFY SCHEDULING ORDER TO EXTEND CUT-OFF TO TAKE DEPOSITIONS

1

ORDER

2

The Court, having reviewed the Parties’ Stipulation, and finding good cause, hereby

3

modifies its February 22, 2023, Amended Pretrial Scheduling Order (ECF No. 221) as follows:

4

The cutoff for fact discovery shall be extended to November 15, 2023, for the limited purpose of

5

allowing Defendants to complete taking the PMK Depositions.

6

IT IS SO ORDERED.

7
8
9

Dated: September 6, 2023

HANSEN, KOHLS, SOMMER & JACOB, LLP

10

/s/ Daniel J. Calabretta
THE HONORABLE DANIEL J. CALABRETTA
UNITED STATES DISTRICT JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
00032592.1

-4-

STIP AND ORDER TO MODIFY SCHEDULING ORDER TO EXTEND CUT-OFF TO TAKE DEPOSITIONS