Storz Management Company et al v. Carey et al

Filing 266

STIPULATION and ORDER signed by District Judge Daniel J. Calabretta on 9/11/2023 MODIFYING its 2/22/2023, Amended Pretrial Scheduling Order 221 to extend the deadlines for the parties to disclose initial experts and produce reports to 11/2/2023; for the parties to disclose rebuttal experts and produce rebuttal reports by no later than 12/2/2023; and that all expert discovery shall be completed no later than 1/12/2024. All motions, except motions for continuances, temporary restraining orde rs, or other emergency applications, shall be filed on or before 3/22/2024 and shall be noticed for hearing before Judge Calabretta on 5/9/2024 at 1:30 p.m. Counsel are directed to refer to the local rules and Judge Calabretta's Standing Order regarding the requirements for noticing and opposing such motions on the Court's regularly scheduled law and motion calendar. (Mena-Sanchez, L)

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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

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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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,

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Plaintiff,

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v.

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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,

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Case No. 2:18-cv-00068-DJC-DB
STIPULATION AND ORDER TO
MODIFY SCHEDULING ORDER TO
EXTEND CUT-OFF TO DISCLOSE
INITIAL EXPERT WITNESSES AND
PRODUCE REPORTS

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

Defendants.
______________________________________
AND RELATED COUNTERCLAIMS

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

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

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

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00033024.1
STIP AND ORDER TO MODIFY SCHEDULING ORDER TO EXTEND CUT-OFF TO COMPLETE EXPERT
DISCOVERY

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Hughes, Monolith, LLC and Monolith Properties, Inc. (“Defendants”) (Plaintiffs and Defendants

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

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

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

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

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ordered the parties shall disclose initial experts and produce reports by no later than October 2,

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2023; and that the parties shall disclose rebuttal experts and produce rebuttal reports by no later

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than November 2, 2023; and that all expert discovery shall be completed no later than December

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4, 2023 (see ECF No. 221);

HANSEN, KOHLS, SOMMER & JACOB, LLP

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WHEREAS Plaintiffs’ new counsel substituted in as Plaintiffs’ counsel of record on July
19, 2023 (see ECF No. 254);

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WHEREAS the Parties acknowledge that Plaintiffs’ counsel will be out of the country
from September 11, 2023 to October 9, 2023;

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WHEREAS the Parties have met and conferred on the scheduling conflicts and have

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agreed that the disclosure of initial experts and production of reports need to be continued to later

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dates;

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WHEREAS the Parties have agreed for the disclosure of initial experts and production of
reports to occur on or before November 2, 2023;

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

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

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complete their disclosure of initial experts and produce expert reports;

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WHEREAS good cause exists to allow additional time for the parties to disclose experts

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witnesses and complete expert witness discovery due to Plaintiffs’ counsel recently being

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substituted in as counsel and his unavailability for expert witness discovery to be completed

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within the current deadlines.

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///

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///

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00033024.1

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STIP AND ORDER TO MODIFY SCHEDULING ORDER TO EXTEND CUT-OFF TO COMPLETE EXPERT
DISCOVERY

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NOW, THEREFORE, the Parties jointly request:

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1.

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

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(ECF No. 221), to extend the deadlines for the parties to disclose initial experts and produce

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reports to November 2, 2023; for the parties to disclose rebuttal experts and produce rebuttal

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reports by no later than December 2, 2023; and that all expert discovery shall be completed no

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later than January 12, 2024.

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IT IS SO STIPULATED AND AGREED.

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DATED: September 7, 2023

HANSEN, KOHLS, SOMMER & JACOB, LLP

HANSEN, KOHLS, SOMMER & JACOB, LLP

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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

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DATED: September 7, 2023

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WEINTRAUB TOBIN CHEDIAK COLEMAN
GRODIN

By:/s/ James Kachmar

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JAMES KACHMAR
Attorneys for Defendants/Counterclaimants
ANDREW CAREY, MARK WEINER, and
Defendants JOY KELLY, NANCY HUGHES,
MONOLITH, LLC and MONOLITH
PROPERTIES, INC.

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00033024.1

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STIP AND ORDER TO MODIFY SCHEDULING ORDER TO EXTEND CUT-OFF TO COMPLETE EXPERT
DISCOVERY

HANSEN, KOHLS, SOMMER & JACOB, LLP

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ORDER

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

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modifies its February 22, 2023, Amended Pretrial Scheduling Order (ECF No. 221) to extend the

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deadlines for the parties to disclose initial experts and produce reports to November 2, 2023; for

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the parties to disclose rebuttal experts and produce rebuttal reports by no later than December 2,

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2023; and that all expert discovery shall be completed no later than January 12, 2024.

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All motions, except motions for continuances, temporary restraining orders, or other

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emergency applications, shall be filed on or before March 22, 2024 and shall be noticed for

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hearing before Judge Calabretta on May 9, 2024 at 1:30 p.m. Counsel are directed to refer to the

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local rules and Judge Calabretta’s Standing Order regarding the requirements for noticing and

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opposing such motions on the Court’s regularly scheduled law and motion calendar.

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IT IS SO ORDERED.

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Dated: September 11, 2023

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

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00033024.1

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STIP AND ORDER TO MODIFY SCHEDULING ORDER TO EXTEND CUT-OFF TO COMPLETE EXPERT
DISCOVERY