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

Filing 35

ORDER GRANTING 34 Stipulation to Extend Discovery Deadlines. Signed by Judge Jeffrey S. White on March 24, 2011. (jswlc2, COURT STAFF) (Filed on 3/24/2011)

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

Doc. 35

Case3:10-cv-00539-JSW Document34

Filed03/24/11 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: 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]

[phone]

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 DISCOVERY DEADLINES AND [PROPOSED] ORDER THEREON corporation; and WESTERN SERVICE

20 THE MCGRAW COMPANY, a California 21 CONTRACT CORP. a California corporation, 22 23
v. H-D MICHIGAN, LLC, a Michigan limited Plaintiffs,

24 liability company; and HARLEY-DAVIDSON 25 FINANCIAL SERVICES, INC., a Delaware
corporation,

26 27 28

Defendant. And Related Counterclaims.
Stipulation to Extend Discovery Deadlines - CV10-00539 JSW
Dockets.Justia.com

Case3:10-cv-00539-JSW Document34

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1

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

2 pursuant to Civil Local Rule 6-2, that: 3 4 5
(1) the last day for expert disclosure be extended from April 4, 2011 to May 4, 2011; and (2) the current non-expert discovery cut-off be extended from April 4, 2011 to May 4, 2011.

6 All other court scheduled dates and deadlines shall remain the same. 7
Good cause exists to grant this extension as follows: the parties are working together to

8 resolve this matter. The parties attended mediation on December 9, 2010. They are in the process 9 of working out a settlement and anticipate reaching a mutual resolution shortly. To ensure the 10 parties are not prejudiced by their attempts to settle, and to avoid potentially unneeded litigation, 11 they mutually and in good faith, seek an extension of the remaining deadlines. 12 13
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

14 plaintiffs to file an amended complaint to March 10, 2010 and for defendant to respond to the 15 complaint or first amended complaint, if applicable, to April 2, 2010. 16
On October 15, 2010, the parties stipulated and the Court ordered to extend the last day for

17 fact discovery from January 12, 2011 to March 4, 2011, and the last day for expert discovery 18 would be extended from March 25, 2011 to April 22, 2011. 19
On January 27, 2010, the parties stipulated and the Court ordered to extend all deadlines by

20 approximately one month. 21
The stipulation and proposed order, if issued, would affect the fact and expert discovery

22 cut-offs set by the Court via its scheduling order, dated June 21, 2010, Docket No. 20, in the 23 manner shown in Schedule A attached hereto. 24 // 25 // 26 // 27 // 28 -1Stipulation to Extend Discovery Deadlines - CV10-00539 JSW

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1 2 3

WHEREAS the last day for expert disclosure is April 4, 2011; WHEREAS the current non-expert discovery cut-off is set for April 4, 2011; WHEREAS the parties are currently in settlement negotiations and hope and anticipate

4 resolution of this matter; 5
WHEREAS in light of current settlement discussions the parties have agreed to extend

6 deadlines in this matter to save time and resources, avoid potentially unnecessary litigation and to 7 ensure no party is prejudiced; 8
NOW THEREFORE, the parties, through their respective counsel, hereby stipulate to and

9 request an order: 10 11 12 13 14 15 DATED: March 24, 2011 16 17 18 19 20 21 DATED: March 24, 2011 22 23 24 25 26 27 28
-2Stipulation to Extend Discovery Deadlines - CV10-00539 JSW

(1) extending the last day for expert disclosure of April 4, 2011 to May 4, 2011; and (2) extending the current non-expert discovery cut-off of April 4, 2011 to May 4, 2011.

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.

Case3:10-cv-00539-JSW Document34

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1 Declaration of Consent 2
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: March 24, 2011 7 8 9 10 11 12 13 14 15 16 17 18 19 20 IT IS SO ORDERED.
March 24 21 DATED: __________, 2011 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
-3Stipulation to Extend Discovery Deadlines - CV10-00539 JSW

HON. JEFFREY S. WHITE United States District Judge