Keenan & Associates v. ABD Ins. and Financial Services, Inc. et al

Filing 25

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 08/02/22 CONTINUING the deadline of 7/25/2022 set forth in paragraph 1 of the 23 Order re Joint Report Deadline to 08/29/2022 and CONTINUING the Status (Pretrial Scheduling) Conference to 10/06/22 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller.(Licea Chavez, V)

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1 2 3 4 5 6 7 8 9 10 11 12 13 Usama Kahf (SBN 266443) E-Mail: ukahf@fisherphillips.com Andrew E. Saxon (SBN 227344) E-Mail: asaxon@fisherphillips.com FISHER & PHILLIPS LLP 2050 Main Street, Suite 1000 Irvine, California 92614 Telephone: (949) 851-2424 Facsimile: (949) 851-0152 Attorneys for Plaintiff KEENAN & ASSOCIATES Howard D. Ruddell (SBN 281510) E-Mail: hruddell@mooreruddell.com MOORE RUDDELL LLP 21250 Hawthorne Blvd., Suite 500 Torrance, California 90503 Telephone: (323) 792-7010 Facsimile: (323) 530-1113 Attorneys for Defendants ABD INSURANCE AND FINANCIAL SERVICES, INC. dba NEWFRONT; and KEITH BROWN 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 17 KEENAN & ASSOCIATES, 18 19 20 21 22 23 Case No: 2:22-cv-00669-KJM-KJN Plaintiff, JOINT STIPULATION FOR v. (1) EXTENSION RE: STIPULATED TEMPORARY RESTRAINING ORDER; ABD INSURANCE AND FINANCIAL SERVICES, INC. dba NEWFRONT, a Delaware corporation; KEITH BROWN, an individual, (2) EXTENSION TO THE AUGUST 25, 2022 STATUS (PRETRIAL SCHEDULING) CONFERENCE; Defendant. AND [PROPOSED] ORDER 24 25 26 27 28 1 JOINT STIPULATION FOR EXTENSIONS RE: STIPULATED TEMPORARY RESTRAINING ORDER & STATUS CONFERENCE; [PROPOSED] ORDER Error! Unknown document property name. 1 2 3 JOINT STIPULATION FOR: (1) EXTENSION RE: TEMPORARY RESTRAINING ORDER; AND (2) EXTENSION TO THE AUGUST 25, 2022 STATUS PRETRIAL SCHEDULING CONFERENCE 4 WHEREAS, on April 15, 2022, Plaintiff Keenan & Associates (“Keenan” or “Plaintiff”) filed 5 the above captioned action (“Action”) against Defendants ABD Insurance and Financial Services, Inc. 6 dba Newfront (“Newfront”) and Keith Brown (“Brown”) (Newfront and Brown are collectively, 7 “Defendants”; Keenan and Defendants are collectively, the “Parties”); 8 WHEREAS, on April 15, 2022, Keenan filed an Ex Parte Motion for Temporary Restraining 9 Order and Order to Show Cause Re: Preliminary Injunction and for Expedited Discovery [Dkt. # 6, 7] 10 (the “TRO Motion”); 11 WHEREAS, on April 21, 2022, the Court entered a “Joint Stipulation re: Temporary Restraining 12 Order” [Dkt. #13] (hereafter, “Stipulated TRO”) pursuant to the terms of the parties’ stipulation 13 submitted on April 19, 2022 [Dkt. #10]; 14 WHEREAS, on June 24, 2022, the Court entered a “Joint Stipulation for Extension re: Stipulated 15 Temporary Restraining Order” [Dkt. #23] (hereinafter, “Stipulated Extension”) pursuant to the terms of 16 the parties’ stipulation submitted on June 23, 2022 [Dkt. #22]; 17 18 WHEREAS, pursuant to the Stipulated TRO, the Parties have entered into a forensic protocol agreement and commenced review of certain devices and accounts; 19 WHEREAS, there is currently a July 25 deadline (“Joint Report Deadline”) for the Parties to file 20 a joint status report to inform the Court whether a preliminary injunction hearing should be scheduled. 21 The Joint Report Deadline was initially agreed to in paragraph 8 of the Stipulated TRO, which scheduled 22 the original Joint Report Deadline to be on May 13 “unless the Parties stipulate to an extension of this 23 deadline” (Stipulated TRO, ¶ 8). The May 13 deadline has been extended pursuant to stipulations 24 submitted by the Parties for extensions to the Joint Report Deadline [Dkts. # 16, 20, and 22], with the 25 current July 25 Joint Report Deadline entered by the Court’s order, Dkt. #23 (“Order re Stipulated 26 Extension”); 27 WHEREAS, the Parties have at all times diligently pursued each aspect of the forensic discovery 28 to which they agreed in the forensic protocol agreement. However, the forensic discovery remains 2 JOINT STIPULATION FOR EXTENSIONS RE: STIPULATED TEMPORARY RESTRAINING ORDER & STATUS CONFERENCE; [PROPOSED] ORDER Error! Unknown document property name. 1 incomplete, with the Parties diligently working on what is left in the forensic discovery. At this time, the 2 Parties are also discussing potential limited discovery to supplement the parties’ forensic protocol 3 agreement, with the contemplated discovery to be completed by the end of August 2022, at which time 4 the Parties will be prepared to submit a Joint Report on whether Plaintiff will be requesting a briefing 5 schedule for a preliminary injunction motion. The Parties therefore stipulate to a one-month extension, 6 until August 29, 2022 (“Stipulated Extension Date”) to the Joint Report Deadline; and 7 WHEREAS, there is currently an August 25, 2022 Status (Pretrial Scheduling) Conference 8 (“Status Conference”) for the Parties. [Dkt. #4]. As a result of the timing of the upcoming status 9 conference, the Parties’ Rule 26(f) scheduling conference, initial disclosures and a discovery plan will 10 be due in August and prior to the date by which the parties jointly anticipate completion of the forensic 11 discovery. As noted above, it is this forensic discovery (and additional discovery being discussed) that 12 will determine whether Plaintiff will pursue a preliminary injunction. As a result, the parties agree that 13 it would best serve the interests of efficiency and judicial economy for the Court to reschedule the Status 14 (Pretrial Scheduling) Conference – and all associated Rule 26 dates – to a date following the Joint Report 15 Deadline. Because the Parties hereby stipulate that the Joint Report Deadline be continued until August 16 29, the Parties request the Court continue the Status (Pretrial Scheduling) Conference to a date in October 17 or thereafter, at the Court’s convenience. NOW THEREFORE, the Parties stipulate and agree to the following terms as forth herein and 18 19 request that the Court enter an Order reflecting those terms: 1. 20 The deadline of July 25, 2022 set forth in paragraph 1 of the Order re Stipulated Extension 21 [Dkt. #23], is hereby continued until August 29, 2022. As such, and unless the Parties stipulate to another 22 extension of this deadline, by no later than August 29, 2022, the Parties shall file a joint status report 23 informing the Court whether a preliminary injunction hearing should be scheduled. If the Parties inform 24 the Court that Plaintiff will proceed with its motion for preliminary injunction, then the Parties shall in 25 the joint status report submit a proposed briefing schedule and a proposed hearing date with two 26 alternative dates the Parties and counsel are available. 27 /// 28 /// 3 JOINT STIPULATION FOR EXTENSIONS RE: STIPULATED TEMPORARY RESTRAINING ORDER & STATUS CONFERENCE; [PROPOSED] ORDER Error! Unknown document property name. 2. 1 The August 25, 2022 Status (Pretrial Scheduling) Conference [Dkt. #4], and associated 2 FRCP Rule 26 dates, is hereby continued until October 6, 2022 at 2:30 p.m. or at a later date at the 3 court’s convenience. 3. 4 5 effect. SO STIPULATED. 6 7 Except as set forth above, all terms of the Stipulated TRO shall remain in full force and Dated: July 25, 2022 8 FISHER & PHILLIPS LLP By: /s/ Andrew Saxon Usama Kahf Andrew E. Saxon Attorneys for Plaintiff KEENAN & ASSOCIATES 9 10 11 12 Dated: July 25, 2022 13 MOORE RUDDELL LLP By: /s/ Howard D. Ruddell (as authorized on 7/25/22) Howard D. Ruddell Attorney for Defendants ABD INSURANCE AND FINANCIAL SERVICES, INC. dba NEWFRONT; KEITH BROWN 14 15 16 17 18 IT IS SO ORDERED that: 19 1. The deadline of July 25, 2022 set forth in paragraph 1 of the Order re Stipulated Extension 20 [Dkt. #23], is hereby continued until August 29, 2022. As such, and unless the Parties stipulate to another 21 extension of this deadline, by no later than August 29, 2022, the Parties shall file a joint status report 22 informing the Court whether a preliminary injunction hearing should be scheduled. If the Parties inform 23 the Court that Plaintiff will proceed with its motion for preliminary injunction, then the Parties shall in 24 the joint status report submit a proposed briefing schedule and a proposed hearing date with two 25 alternative dates the Parties and counsel are available. 26 2. The August 25, 2022 Status (Pretrial Scheduling) Conference [Dkt. #4], and associated 27 FRCP Rule 26 dates, is hereby continued until October 6, 2022 at 2:30 p.m. 28 ///// 4 JOINT STIPULATION FOR EXTENSIONS RE: STIPULATED TEMPORARY RESTRAINING ORDER & STATUS CONFERENCE; [PROPOSED] ORDER Error! Unknown document property name. 1 2 3. Except as set forth above, all terms of the Stipulated TRO shall remain in full force and effect. DATED: August 2, 2022. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 JOINT STIPULATION FOR EXTENSIONS RE: STIPULATED TEMPORARY RESTRAINING ORDER & STATUS CONFERENCE; [PROPOSED] ORDER Error! Unknown document property name. 1 CERTIFICATE OF SERVICE 2 I am employed in the County of San Francisco, State of California in the office of a member of the bar of this Court whose direction the following service was made. I am over the age of 18 and I am not a party to this action. My business address 1 Montgomery Street, Suite 3400, San Francisco, CA 94104. 3 4 5 6 7 8 9 On the date set forth below, I served the foregoing document entitled JOINT STIPULATION FOR (1) EXTENSION RE: STIPULATED TEMPORARY RESTRAINING ORDER; (2) EXTENSION TO THE AUGUST 25, 2022 STATUS CONFERENCE; [PROPOSED] ORDER on all the appearing and/or interested parties in this action as follows: Howard D. Ruddell, Esq, MOORE RUDDELL LLP 21250 Hawthorne Blvd., Suite 500 Torrance, CA 90503 Attorneys for Defendant ABD INSURANCE AND FINANCIAL SERVICES, INC. dba NEWFRONT; and KEITH BROWN Telephone: (310) 792-7010 Fax: (310) 530-1113 E-Mail: hruddell@mooreruddell.com 10 11 12  15 [by ELECTRONIC SUBMISSION] - I served the above listed document(s) described via the United States District Court’s Electronic Filing Program on the designated recipients via electronic transmission through the CM/ECF system on the Court’s website. The Court’s CM/ECF system will generate a Notice of Electronic Filing (NEF) to the filing party, the assigned judge, and any registered users in the case. The NEF will constitute service of the document(s). Registration as a CM/ECF user constitutes consent to electronic service through the court’s transmission facilities. 16 I declare under penalty of perjury under the laws of the State of California that the foregoing is true 13 14 17 18 19 and correct. Executed on August 2, 2022 at San Francisco, California. Jessica Ortiz By: Print Name /s/ Jessica Ortiz Signature 20 21 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE ERROR! UNKNOWN DOCUMENT PROPERTY NAME.

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