Storz Management Company et al v. Carey et al

Filing 268

STIPULATION and ORDER signed by District Judge Daniel J. Calabretta on 01/12/24 MODIFYING the 266 Order as follows: The cutoff of expert discovery shall be extended to 02/09/24, for the limited purpose of allowing Defendants to take the deposition of James Vaughn. (Licea Chavez, V)

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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]
Email: [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.
James Kachmar, State Bar No. 216781
weintraub tobin chediak coleman grodin
law corporation
400 Capitol Mall, 11th Floor
Sacramento, California 95814
Telephone:
916/558.6000
Facsimile:
916/446.1611
Email: [e-mail]
Attorneys for Defendants and Counterclaimants Andrew
Carey and Mark Weiner, and Defendants, Joy Kelly,
Nancy Hughes, Monolith, LLC and Monolith Properties,
Inc.

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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 HERITAGEFUNDING IV, a
California corporation,

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Plaintiffs,
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v.
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ANDREW CAREY, an individual, and MARK )
WEINER, an individual, JOY KELLY, an
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individual, NANCY HUGHES, an individual; )
MONOLITH, LLC, a California entity, and
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MONOLITH PROPERTIES, INC., a
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California corporation,
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Defendants.
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{4135167.DOCX:}

Case No. 2:18-cv-00068-DJC-DB
STIPULATION AND ORDER FOR
LIMITED EXTENSION OF CUT-OFF
FOR EXPERT DISCOVERY

Complaint Filed: January 11, 2018
FAC Filed: January 30, 2018
SAC Filed: March 17, 2021
Trial Date: September 16, 2024

Stipulation and Order for Limited Extension of Cut-Off
for Expert Discovery

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AND RELATED COUNTERCLAIMS.

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Plaintiffs/Counterdefendants Storz Management Company, Storz Realty, Inc., Heritage
Funding

Corporation,

and

Heritage

Funding

IV

(“Plaintiffs”),

together

with

Defendants/Counterclaimants Andrey Carey, Mark Weiner and Defendants Joy Kelly, Nancy
Hughes, Monolith, LLC and Monolith Properties, Inc. (collectively, “Defendants”) hereby stipulate
to and request a modification to the Court’s Amended Scheduling Order, issued on September 12,
2023 (ECF No. 266) as follows:
WHEREAS on September 12, 2023, this Court issued a Minute Order wherein it granted the
Parties’ stipulation and ordered all expert discovery to be completed by no later than January 12,
2024 (see ECF No. 266);
WHEREAS the deposition of Plaintiffs’ designated expert witness, James Vaughn, was
timely noticed to take place on January 10, 2024;
WHEREAS Mr. Vaughn had a family medical emergency that prevented his deposition from
proceeding on January 10, 2024 as noticed;
WHEREAS the Parties have agreed to reschedule Mr. Vaughn’s deposition to a date in lateJanuary or early-February 2024 to accommodate Mr. Vaughn’s schedule;
WHEREAS the Parties expect to complete all other expert discovery by the current deadline
of January 12, 2024;
WHEREAS good cause exists for a limited extension of the cutoff of expert discovery for
the sole purpose of completing the deposition of Mr. Vaughn in light of his sudden unavailability.
NOW, THEREFORE, the Parties jointly request:
1.

That the Court modify its amended scheduling order (ECF No. 266) to extend the

cutoff of expert discovery to February 9, 2024, for the limited purpose of allowing Defendants to
take the deposition of James Vaughn.

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{4135167.DOCX:}

Stipulation and Order for Limited Extension of Cut-Off
for Expert Discovery

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IT IS SO STIPULATED AND AGREED.

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Dated: January 11, 2024

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By:

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/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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HANSEN, KOHLS, SOMMER & JACOB, LLP

Dated: January 11, 2024

weintraub tobin chediak coleman grodin
LAW CORPORATION

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By:

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/s/ - James Kachmar
James Kachmar

Attorneys for Defendants and Counterclaimants
Andrew Carey and Mark Weiner, and Defendants
Joy Kelly, Nancy Hughes, Monolith, LLC and
Monolith Properties, Inc.

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ORDER

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The Court, having reviewed the Parties’ Stipulation, and finding good cause, hereby
modifies its September 12, 2023 amended Scheduling Order (ECF No. 266) as follows:
1.

The cutoff of expert discovery shall be extended to February 9, 2024, for the

limited purpose of allowing Defendants to take the deposition of James Vaughn.
Dated: January 12, 2024

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

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{4135167.DOCX:}

Stipulation and Order for Limited Extension of Cut-Off
for Expert Discovery