Stagg et al v. Ananda Fuara Restaurant et al

Filing 34

ORDER GRANTING AS MODIFIED 33 Stipulation to Amend Pretrial Scheduling Order: Amended Pleadings due by 6/29/2011. Jury Trial set for 4/2/2012 08:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White. Motion Hearing set for 10/28/2011 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White. Pretrial Conference set for 3/12/2012 02:00 PM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge JEFFREY S. WHITE on 4/28/11. (jjoS, COURT STAFF) (Filed on 4/28/2011)

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JAMES T. DIAMOND, JR., SBN #131525
XOCHITL CARRION, SBN #252733
GOLDFARB & LIPMAN LLP
1300 Clay Street, Eleventh Floor
City Center Plaza
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Defendants
ANANDA FUARA RESTAURANT and GARIMA HOFFMANN

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ASHANKA STAGG, DAMIAN SEQUOIA,
LUCIAN BALMER, and SUNDARI
MICHAELIAN,

Case No. C10-02768 JSW

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STIPULATION TO AMEND
PRETRIAL SCHEDULING ORDER;
[PROPOSED] ORDER
CONTINUING MOTION HEARING
AND TRIAL DATES

Plaintiffs,
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v.
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ANANDA FUARA RESTAURANT, an
entity, form unknown, et al.,

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Defendants.

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The Parties, Defendants Ananda Fuara Restaurant, Garima Hoffmann, Sri Chinmoy

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Society, Inc. and Sri Chinmoy Centre (sometimes collectively referred to herein as the

Goldfarb &

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"Defendants") and Plaintiffs Ashanka Stagg, Damian Sequoia, Lucian Balmer and Sundari

Lipman LLP

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Michaelian (collectively, the "Plaintiffs"), through their counsel of record, request and stipulate

1300 Clay Street

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to amend the Pretrial Scheduling Order per Federal Rules of Civil Procedure, rule 16(b), for

Eleventh Floor

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good cause as follows:

Oakland

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California

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1.

Whereas, the Court issued a Pretrial Scheduling Order on October 25, 2010;

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2.

Whereas, the Parties have propounded written discovery and anticipate upwards

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RECITALS

of 20 days of deposition discovery in this action;
3.

Whereas, the Parties have agreed to mediate this case at this point in the litigation,
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STIPULATION TO AMEND PRE-TRIAL SCHEDULING ORDER; PROPOSED ORDER

1662\02\974152.1

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before the expense of deposition discovery must be incurred;
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Whereas, the Parties scheduled a mediation with Michael Loeb at JAMS for May

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13, 2011, which would have permitted them to attempt to finally resolve this action before

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having to incur substantial litigation expenses;

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5.

Whereas, Moira McQuaid, counsel for Plaintiffs, is currently involved in what

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will be nearly a two-month trial in San Francisco Superior Court. The case was assigned out for

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trial on March 14, 2011 after defense counsel in that case moved to continue an earlier February

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22, 2011 trial date. Since the trial assignment, the case has been subject to another short

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continuance at the request of defense counsel for personal reasons. The trial judge now

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estimates that with the current trial time estimates, the earliest date testimony is likely to be

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concluded is May 10, 2011, and that with the prospect for some delay and allowing time for jury

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deliberations, the matter will likely extend through May 13, 2011 and possibly into the following

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week, starting May 16, 2011;

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6.

Whereas, the next available date for Mr. Loeb to mediate this case are in early

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June 2011, which will not give the parties sufficient time to conduct the mediation and then

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complete discovery in this action due to the July 8, 2011 fact discovery cutoff date;

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7.

Whereas, the parties have scheduled the mediation with Mr. Loeb for June 10,

2011, the first date that all parties and counsel were mutually available;
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Whereas, the Parties cannot complete the discovery process within the deadlines

Goldfarb &

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set forth in the Pretrial Scheduling Order and mediate this case prior to commencing depositions,

Lipman LLP

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and therefore the Parties respectfully request that this Court, as set forth below in the Parties'

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Stipulation, move forward the discovery dates four weeks and the dispositive motion dates seven

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weeks to allow the Parties time to attempt to resolve this case informally before having to incur

Oakland

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substantial further discovery costs, and to permit them a reasonable amount of time to complete

California

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discovery should the mediation not be successful; and,

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for November 21, 2011, but it appears from the Court's current schedule that it will not be

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available on that date in 2011.

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Whereas, in October 2010 the Pretrial Conference in this action was initially set

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STIPULATION TO AMEND PRE-TRIAL SCHEDULING ORDER; PROPOSED ORDER
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The Parties do not seek at this time a continuance of the Trial Date.
STIPULATION

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NOW THEREFORE, the Parties, through their respective counsel of record, stipulate and

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request that the following dates set forth in the October 25, 2010 Pretrial Order, and the Expert

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Witness Disclosure dates, be extended as follows:

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June 29, 2011

Last day to amend pleadings

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August 5, 2011

Close of fact discovery

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August 18, 2011

Expert Witness Disclosures (initial)

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September 1, 2011

Expert Witness Disclosures (rebuttal)

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September 23, 2011 Close of expert discovery

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October 28, 2011

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9:00 a.m.: Hearing on dispositive motions

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If the parties plan to file cross-motions for summary judgment, the parties shall
meet and confer and agree to a briefing schedule whereby:

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One party files an opening summary judgment motion by September 2, 2011

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The other party shall file its opposition and cross-motion by September 16, 2011

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The reply and opposition to the cross-motion is due by September 30, 2011

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The reply in support of the cross-motion is due by October 7, 2011

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Goldfarb &

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Oakland

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California

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_______/s/________________________
James T. Diamond, Jr.
GOLDFARB & LIPMAN
Attorneys for Defendants
ANANDA FUARA RESTAURANT
and GARIMA HOFFMANN

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Dated: April ___, 2011

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2:00 p.m. Pretrial Conference

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Lipman LLP

November 28, 2011

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Dated: April ___, 2011
___/s/_____________________________
Michael F. McCabe
LITTLER MENDELSON
Attorneys for Defendants
SRI CHINMOY SOCIETY, INC.
and SRI CHINMOY CENTRE

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STIPULATION TO AMEND PRE-TRIAL SCHEDULING ORDER; PROPOSED ORDER
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Dated: April ___, 2011
___/s/______________________________
Moira C. McQuaid
LAW OFFICES OF MOIRA C. MCQUAID
Attorneys for Plaintiffs
ASHANKA STAGG, DAMIAN
SEQUOIA, LUCIAN BALMER, and
SUNDARI MICHAELIAN

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ATTESTATION OF E-FILED SIGNATURE
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I, James T. Diamond, Jr. am the ECF User whose ID and password are being used to file
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this Stipulation. In compliance with General Order 45, X.B., I hereby attest that Moira McQuaid
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and Michael McCabe have read and approved this Stipulation and consent to its filing.
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Dated: April ___, 2011
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_______/s/________________________
James T. Diamond, Jr.
GOLDFARB & LIPMAN

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Goldfarb &

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Lipman LLP

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1300 Clay Street

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Eleventh Floor

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Oakland

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California

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94612

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510 836-6336

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510 836-1035 FAX

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STIPULATION TO AMEND PRE-TRIAL SCHEDULING ORDER; PROPOSED ORDER
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ORDER

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Based upon the foregoing stipulation and good cause appearing therefore,
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IT IS HEREBY ORDERED that the following dates set forth in the October 25, 2010
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Pretrial Order, and Expert Witness Disclosure dates, be extended as follows:
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June 29, 2011

Last day to amend pleadings

August 5, 2011

Close of fact discovery

August 18, 2011

Expert Witness Disclosures (initial)

September 1, 2011

Expert Witness Disclosures (rebuttal)

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September 23, 2011 Close of expert discovery
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October 28, 2011

9:00 a.m.: Hearing on dispositive motions

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If the parties plan to file cross-motions for summary judgment, the parties shall
meet and confer and agree to a briefing schedule whereby:

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One party files an opening summary judgment motion by September 2, 2011

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The other party shall file its opposition and cross-motion by September 16, 2011

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The reply and opposition to the cross-motion is due by September 30, 2011

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The reply in support of the cross-motion is due by October 7, 2011

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November 28, 2011

2:00 p.m.: Pretrial Conference is continued to March 12, 2012 at

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2:00 p.m. Trial is continued to April 2, 2012 at 8:00 a.m.

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IT IS SO ORDERED.

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April 28
DATED: _______________, 2011

Goldfarb &

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Lipman LLP

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1300 Clay Street

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Eleventh Floor

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Oakland

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California

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94612

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510 836-6336

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510 836-1035 FAX

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Honorable Jeffrey S. White
United States District Court Judge

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STIPULATION TO AMEND PRE-TRIAL SCHEDULING ORDER; PROPOSED ORDER
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