Vieste, LLC et al v. Hill Redwood Development, LTD. et al

Filing 394

ORDER GRANTING 393 Stipulation Setting Dates for Pre-Trial Submissions. Signed by Judge Jeffrey S. White on 12/22/11. (jjoS, COURT STAFF) (Filed on 12/22/2011)

Case3:09-cv-04024-JSW Document393

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Filed12/21/11 Page1 of 6

Patricia L. Peden (CA 206440)
LAW OFFICE OF PATRICIA L. PEDEN
1316 67th Street, Suite 6
Emeryville, California 94608
Telephone: [phone]
Nicholas H. Patton (admitted pro hac vice)
Geoffrey P. Culbertson (admitted pro hac vice)
PATTON, TIDWELL & SCHROEDER, L.L.P.
4605 Texas Boulevard
Post Office Box 5398
Texarkana, Texas 75505-5398
Telephone: [phone]
Facsimile: [phone]
Courtney Towle (CA 221698)
PATTON, TIDWELL & SCHROEDER, L.L.P.
1316 67th Street
Emeryville, CA 94608
Telephone: [phone]
Attorneys for Plaintiffs
VIESTE, LLC and VIESTE DEVELOPMENT, LLC

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Daniel J Crawford
Fulton M. Smith III
David P. Borovsky
Juan C. Araneda
Jason A. Geller
MECKLER BULGER TILSON MARICK & PEARSON LLP
575 Market Street
22nd Floor
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants and Counterclaimants
HILL REDWOOD DEVELOPMENT, LTD., HILL
INTERNATIONAL, INC., HILL INTERNATIONAL
DEVELOPMENT, LTD., REDWOOD CAPITAL
ADVISORS, LLC, and Defendants STEPHEN GOODMAN,
and S. DICK SARGON

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

Case3:09-cv-04024-JSW Document393

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(1) VIESTE, LLC, an Indiana corporation;
and
(2) VIESTE DEVELOPMENT, LLC; an
Indiana corporation,
Plaintiffs,

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vs.

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No. C09-04024 JSW (DMR)

(1) HILL REDWOOD
DEVELOPMENT, LTD., a British Virgin
Islands corporation;
(2) HILL INTERNATIONAL, INC., a
Delaware corporation;
(3) HILL INTERNATIONAL
DEVELOPMENT LTD., A British Virgin
Islands corporation;
(4) REDWOOD CAPITAL ADVISORS,
LLC, a Delaware corporation;
(5) STEPHEN GOODMAN,
individually; and
(6) S. DICK SARGON, individually;

STIPULATION AND PROPOSED
ORDER SETTING DATES FOR PRETRIAL SUBMISSIONS

Defendants.

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Filed12/21/11 Page2 of 6

AND RELATED CROSS-CLAIMS.

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For good cause as detailed below, subject to the Court’s approval, and to aid in the
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efficient preparation of the pretrial filings required by this Court’s Standing Order for Final Pretrial
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Conference in Civil Jury Cases, the undersigned parties hereby stipulate and agree to the following
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schedule for exchanging the required pre-trial submissions. By and through this Administrative
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Motion, the parties ask the Court to enter an order setting the following deadlines.
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THE PARTIES STIPULATE AS FOLLOWS:
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1.

On December 28, 2011, the parties will exchange (1) exhibit lists, including

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excerpts of interrogatory responses and requests for admissions; (2) deposition designations for
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testimony to be offered in their case-in-chief; (3) and proposed jury instructions.
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Stipulation and Proposed Order Setting Dates For The Exchange of Pre-Trial Submissions – Page 2

Case3:09-cv-04024-JSW Document393

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2.

Filed12/21/11 Page3 of 6

On January 4, 2012, the parties will exchange (1) a description of the substance of

the claims and defenses; (2) the statement of relief sought; (3) objections to the others’ proposed
exhibit list; and (4) an identification of disputed jury instructions.
3.

On January 6, 2012, the parties will exchange (1) lists of witnesses expected to

appear at trial; (2) objections to deposition designations; (3) counter designations to deposition
designations; (4) a statement of issues before the court; (5) a simplified one-page statement of the
case to be used during voir dire and jury instructions; (6) proposed voir dire questions; and (7)
special verdict forms.
4.

No later than January 9, 2012, the parties shall meet and confer regarding disputed

jury instructions.
5.

On January 10, 2012, the parties will exchange (1) proposed stipulated facts; (2) a

list of factual issues that remain to be tried; (3) responses to the objections to the proposed exhibit
lists; and (4) responses to objections to deposition designations.
6.

On January 12, 2012, the parties shall exchange (1) objections to counter-

designations of depositions; and (2) motions in support of disputed jury instructions.
7.

No later than January 13, 2012, the parties shall meet and confer, in person,

regarding the proposed (1) description of the substance of the claims and defenses; (2) the statement
of relief sought; (3) stipulated facts; (4) the exhibit list; (5) deposition designations and counterdesignations; (6) the statement of issues before the court; (7) the simplified one-page statement of
the case to be used during voir dire and jury instructions; (8) voir dire questions; and (9) the special
verdict form.
8.

On January 13, 2012, the parties shall exchange motions in limine.

9.

On January 20, 2012, the parties shall exchange (1) briefs in opposition to disputed

jury instructions; and (2) briefs in opposition to motions in limine.
10.

The parties agree and stipulate to treat the deadlines listed above as filing deadlines.

Thus, the parties ask the Court to enter this stipulation as part of the Scheduling Order in this case.

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Stipulation and Proposed Order Setting Dates For The Exchange of Pre-Trial Submissions – Page 3

Case3:09-cv-04024-JSW Document393

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No amendments or changes to any submission shall be allowed except by written mutual consent of
the parties or by order of the Court.
11.

No other changes to the Court’s Scheduling Order are sought.

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IT IS SO STIPULATED

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DATED: December 21, 2011.
Respectfully submitted,
/s/ Patricia L. Peden
PATRICIA L. PEDEN
LAW OFFICE OF PATRICIA L. PEDEN
Attorneys for Plaintiffs and CounterDefendants and Compulsory-counterclaim
Plaintiffs
VIESTE, LLC and VIESTE
DEVELOPMENT, LLC

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/s/ Fulton M. Smith II
DANIEL J. CRAWFORD
FULTON M. SMITH III
JUAN C. ARANEDA
JASON GELLER
MECKLER BULGER TILSON MARICK &
PEARSON LLP
Attorneys for Defendants and
Counterclaimants
HILL REDWOOD DEVELOPMENT, LTD.,
HILL INTERNATIONAL, INC., HILL
INTERNATIONAL DEVELOPMENT,
LTD., REDWOOD CAPITAL ADVISORS,
LLC, and Defendants STEPHEN
GOODMAN, AND S. DICK SARGON and
compulsory counterclaims defendants.

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Stipulation and Proposed Order Setting Dates For The Exchange of Pre-Trial Submissions – Page 4

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[PROPOSED] ORDER
Good cause appearing for the stipulated relief requested above, the Court hereby orders:
The parties have entered into a stipulation setting deadlines for the exchange of pretrial

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submissions, and having been requested by the parties to include the stipulated dates as part of the
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Court’s Scheduling Order, the Court hereby sets the following dates for the exchange of pre-trial
submissions:
1.

On December 28, 2011 the parties will exchange (1) exhibit lists, including excerpts

of interrogatory responses and requests for admissions; (2) deposition designations for testimony to
be offered in their case-in-chief; and (3) proposed jury instructions.
2.

On January 4, 2012, the parties will exchange (1) a description of the substance of

the claims and defenses; (2) the statement of relief sought; (3) objections to the others’ proposed
exhibit list; and (4) an identification of disputed jury instructions.
3.

On January 6, 2012, the parties will exchange (1) lists of witnesses expected to

appear at trial; (2) objections to deposition designations; (3) counter designations to deposition
designations; (4) a statement of issues before the court; (5) a simplified one-page statement of the
case to be used during voir dire and jury instructions; (6) proposed voir dire questions; and (7)
special verdict forms.
4.

No later than January 9, 2012, the parties shall meet and confer regarding disputed

jury instructions.
5.

On January 10, 2012, the parties will exchange (1) proposed stipulated facts; (2) a

list of factual issues that remain to be tried; (3) responses to the objections to the proposed exhibit
lists; and (4) responses to objections to deposition designations.
6.

On January 12, 2012, the parties shall exchange (1) objections to counter-

designations of depositions; and (2) motions in support of disputed jury instructions.
7.

No later than January 13, 2012, the parties shall meet and confer, in person,

regarding the proposed (1) description of the substance of the claims and defenses; (2) the statement
of relief sought; (3) stipulated facts; (4) the exhibit list; (5) deposition designations and counter-

Case3:09-cv-04024-JSW Document393

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Filed12/21/11 Page6 of 6

designations; (6) the statement of issues before the court; (7) the simplified one-page statement of
the case to be used during voir dire and jury instructions; (8) voir dire questions; and (9) the special
verdict form.
8.

On January 13, 2012, the parties shall exchange motions in limine.

9.

On January 20, 2012, the parties shall exchange (1) briefs in opposition to disputed

jury instructions; and (2) briefs in opposition to motions in limine.
10.

No amendments or changes to any submission shall be allowed except by written

mutual consent of the parties or by order of the Court.
11. There are no other changes to the Court’s Scheduling Order
The Court appreciates the parties' ability to cooperate on this schedule.
IT IS SO ORDERED.

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Dated: December 22, 2011
Hon. Jeffrey S. White
United States District Court Judge

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