Wixon et al v. Wyndham Resort Development Corp., et al

Filing 467

ORDER GRANTING #466 Stipulation Amending Deadline to File Discovery Motions. Signed by Judge Jeffrey S. White on 3/18/10. (jjo, COURT STAFF) (Filed on 3/18/2010)

Case3:07-cv-02361-JSW Document466

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Matthew G. Ball (SBN 208881) [e-mail] KIRKPATRICK & LOCKHART PRESTON GATES ELLIS LLP Four Embarcadero Center, Suite 1200 San Francisco, CA 94111 Telephone: (`415) 882-8200 Facsimile: [phone] Judith H. Ramseyer (admitted pro hac vice) [e-mail] LAW OFFICES OF JUDITH H. RAMSEYER PLLC 2025 First Avenue, Suite 1130 Seattle, WA 98121 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants GENE HENSLEY, DAVID HERRICK, JOHN HENLEY, PEGGY FRY and JOHN McCONNELL

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA CLARK and REBECCA WIXON, NORMAN and BARBARA WIXON, and KANDICE SCATTOLON, derivatively and on behalf of themselves and all others similarly situated, Plaintiffs, v. WYNDHAM RESORT DEVELOPMENT CORP. (f/k/a Trendwest Resorts, Inc.), GENE HENSLEY, DAVID HERRICK, JOHN HENLEY, PEGGY FRY, AND JOHN MCCONNELL, and nominally, WORLDMARK, THE CLUB, Defendants. Case No. C 07-2361 JSW STIPULATION AND ORDER AMENDING DEADLINE TO FILE DISCOVERY MOTIONS Class and Derivative Action

-1STIPULATION AND ORDER AMENDING DEADLINE TO FILE DISCOVERY MOTIONS

CASE NO. C 07-2361 JSW

Case3:07-cv-02361-JSW Document466

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Pursuant to the Order Scheduling Trial and Pretrial Matters (Dkt. 412), fact discovery closes on March 18, 2010. Under Civil Local Rule 26-2, motions to compel discovery must be filed no later than 7 court days following discovery cut-off, or March 29, 2010. Plaintiffs Clarke and Rebecca Wixon, Norman and Barbara Wixon, and Kandice Scattolon ( Plaintiffs ) and Defendants Gene Hensley, David Herrick, John Henley, Peggy Fry, and John McConnell ( Director Defendants ) hereby stipulate, subject to Court approval, to extend the deadline to file discovery motions involving the parties to this stipulation, from March 29, 2010 to April 9, 2009. As stated in prior pleadings (see Dkt. Nos. 427, 431, 438), the parties are engaged in ongoing, good faith discussions of methods to resolve the litigation which, if successful, will eliminate the need for motion practice to resolve outstanding discovery disputes as between the Plaintiffs and the Director Defendants. Accordingly, the parties to this stipulation seek a short continuance, from March 29, 2010 to April 9, 2010, for the limited purpose of extending the time by which motions may be filed to resolve currently pending discovery disputes. Subject to Court approval, the undersigned parties hereby stipulate that the motion deadline set forth in Rule 26-2 may be extended to April 9, 2010, for the limited purpose of allowing the parties additional time to file motions to resolve discovery disputes currently outstanding should they fail to reach a settlement of the litigation before that time. The parties agree that no party to this stipulation may initiate new discovery requests or depositions pursuant to this limited continuance. No dates set by the Order Scheduling Trial and Pretrial Matters (Dkt. 412) are affected by this stipulation. // // // // // //

-2STIPULATION AND ORDER AMENDING DEADLINE TO FILE DISCOVERY MOTIONS

CASE NO. C 07-2361 JSW

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The undersigned parties have conferred with counsel for Defendant Wyndham Resort Development Corporation ( Wyndham ), who has advised that Wyndham takes no position with respect to the matters embraced by this stipulation or motion deadlines for discovery disputes as between Plaintiffs and Director Defendants.

Dated: March 18, 2010

GIRARD GIBBS LLP

By: /s/ Elizabeth C. Pritzker Jonathan K. Levine Elizabeth C. Pritzker Attorneys for Individual and Representative Plaintiffs Clarke and Rebecca Wixon, Norman and Barbara Wixon, and Kandice Scattolon

Dated: March 18, 2010

K&L GATES LLP By:__/s/ Matthew G. Ball_________ Matthew G. Ball [e-mail] LAW OFFICES OF JUDITH H. RAMSEYER PLLC Judith H. Ramseyer Attorneys for Defendants Gene Hensley, John Henley, David Herrick, Peggy Fry, and John McConnell

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CASE NO. C 07-2361 JSW

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ORDER FOR GOOD CAUSE SHOWN, PURSUANT TO STIPULATION, THE COURT HEREBY GRANTS THE RELIEF REQUESTED BY PLAINTIFFS AND DIRECTOR DEFENDANTS, AND EXTENDS THE LOCAL CIVIL RULE 26-2 DISCOVERY MOTION DEADLINE FROM MARCH 29 TO APRIL 9, 2010.

18 Dated: March ___, 2010.
Jeffrey S. White, United States District Judge

-4STIPULATION AND ORDER AMENDING DEADLINE TO FILE DISCOVERY MOTIONS

CASE NO. C 07-2361 JSW