The McGraw Company et al v. Harley-Davidson, Inc.

Filing 31

ORDER GRANTING 30 Stipulation to Extend Fact and Expert Discovery Cut-Off. Signed by Judge Jeffrey S. White on October 15, 2010. (jswlc2, COURT STAFF) (Filed on 10/15/2010)

Case3:10-cv-00539-JSW Document30

Filed10/15/10 Page1 of 4

1 THOITS, LOVE, HERSHBERGER & McLEAN 2 Stephen C. Gerrish (Bar No. 0612530 3 Andrew P. Holland (Bar No. 224737) 4 Palo Alto, California 94301 5 Telephone: [phone]
Facsimile: [phone] 285 Hamilton Avenue, Suite 300 William J. McLean (Bar No. 039264)

6 Attorneys for Plaintiffs and Counterdefendants 7 The McGraw Company and Western Service Contract Corp. 8 PRUETZ LAW GROUP LLP 9 Adrian M. Pruetz (Bar No. 118215) 10 Erica J. Pruetz (Bar No. 227712) 11 [e-mail] 12 El Segundo, California 90245 13 Telephone: [phone]
Facsimile: 310.765.7641 200 N. Sepulveda Blvd., Suite 1525 [e-mail]

14 Attorneys for Defendant and Counterclaimants 15 H-D Michigan, LLC and Harley-Davidson 16 17 18 19
Financial Services, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION CASE NO. CV10-00539 JSW STIPULATION TO EXTEND FACT AND EXPERT DISCOVERY CUT-OFF AND [PROPOSED] ORDER THEREON corporation; and WESTERN SERVICE Plaintiffs, v. H-D MICHIGAN, LLC, a Michigan limited corporation,

20 THE MCGRAW COMPANY, a California 21 CONTRACT CORP. a California corporation, 22 23

24 liability company; and HARLEY-DAVIDSON 25 FINANCIAL SERVICES, INC., a Delaware 26 27 28
Defendant. And Related Counterclaims.
Stipulation to Extend Fact and Expert Discovery Cut-Off

Case3:10-cv-00539-JSW Document30

Filed10/15/10 Page2 of 4

1

IT IS HEREBY STIPULATED by the parties hereto, through their respective counsel,

2 pursuant to Civil Local Rule 6-2, that the current fact discovery cut-off of January 12, 2011 shall 3 be extended to March 4, 2011, and the current expert discovery cut-off of March 25, 2010 be 4 extended to April 22, 2010. All other court scheduled dates and deadlines shall remain the same. 5
Good cause exists to grant this extension as follows: the parties are working together to

6 hopefully resolve this matter via mediation. The parties have agreed on a mediator and expect to 7 have a date for the mediation set shortly. The mediation is anticipated to take place in early 8 December. In light of the upcoming mediation, and in an effort to facilitate and encourage 9 settlement, and save time and resources, the parties have agreed to postpone the taking of oral 10 discovery until after the mediation, should it prove unsuccessful. To ensure the parties are not 11 prejudiced by their agreement to delay discovery, they mutually and in good faith, seek an 12 extension of the fact and expert discovery cut-off. 13 14
Previously, stipulations and orders resulted in the following time modifications: On February 23, 2010, the parties stipulated and the Court ordered to extend the time for

15 plaintiffs to file an amended complaint to March 10, 2010 and for defendant to respond to the 16 complaint or first amended complaint, if applicable, to April 2, 2010. 17
The stipulation and proposed order, if issued, would affect the fact and expert discovery

18 cut-offs set by the Court via its scheduling order, dated June 21, 2010, Docket No. 20. The last 19 day for fact discovery would be extended from January 12, 2011 to March 4, 2011, the date 20 currently set for expert disclosure. The last day for expert discovery would be extended from 21 March 25, 2011 to April 22, 2011. No other court scheduled dates or deadlines shall be altered. 22 (Attached hereto as Exhibit 1 is a schedule showing the current deadlines and proposed changes.) 23 24 25 26 27 28 -1Stipulation to Extend Fact and Expert Discovery Cut-Off

WHEREAS, the fact discovery cut-off in this action is January 12, 2011; WHEREAS, the expert discovery cut-off in this action is March 25, 2011;

Case3:10-cv-00539-JSW Document30

Filed10/15/10 Page3 of 4

1

WHEREAS, in an effort to facilitate and encourage settlement at the upcoming mediation,

2 and to save time and resources, the parties have agreed to postpone the taking of oral discovery 3 until after mediation, which is scheduled to take place in early December; 4 6 8
WHEREAS, the parties have agreed to extend the fact discovery cut-off from January 12,

5 2011 to March 4, 2011;
WHEREAS, the parties have agreed to extend the expert discovery cut-off from March 25,

7 2011 to April 22, 2011;
NOW THEREFORE, the parties, through their respective counsel, hereby stipulate to and

9 request an order extending the fact discovery cut-off to March 4, 2011 and the expert discovery 10 cut-off to April 22, 2011. 11 12 DATED: October 15, 2010 13 14 15 16 17 18 19 DATED: October 15, 2010 20 21 22 23 24 25 26 27 28
Stipulation to Extend Fact and Expert Discovery Cut-Off

THOITS, LOVE, HERSHBERGER & MCLEAN

By /s/ Andrew P. Holland Andrew P. Holland Attorneys for Plaintiffs and Counterdefendants McGraw Commercial Insurance Services and Western Service Contract Corp.

PRUETZ LAW GROUP LLP

By /s/ Erica J. Pruetz Erica J. Pruetz Attorneys for Defendant and Counterclaimants H-D Michigan, LLC and Harley-DavidsonFinancial Services, Inc.

-2-

Case3:10-cv-00539-JSW Document30

Filed10/15/10 Page4 of 4

1 2

Declaration of Consent Pursuant to General Order No. 45, Section X(B) regarding signatures, I attest under

3 penalty of perjury that concurrence in the filing of this document has been obtained from Andrew 4 P. Holland. 5 6 DATED: October 15, 2010 7 8 9 10 11 12 13 14 15 16 17 18 19 20 IT IS SO ORDERED.
15 21 DATED: October ______, 2010 By /s/ Erica J. Pruetz Erica J. Pruetz Attorneys for Defendant and Counterclaimants H-D Michigan, LLC and Harley-DavidsonFinancial Services, Inc. PRUETZ LAW GROUP LLP

22 23 24 25 26 27 28
Stipulation to Extend Fact and Expert Discovery Cut-Off

HON. JEFFREY S. WHITE United States District Judge

-3-