L&M Ventures LLC et al v. Travelers Casualty & Surety Company of America et al

Filing 111

ORDER, Motions terminated: 110 STIPULATION WITH PROPOSED ORDER Re Further Amendment of Second Pretrial Preparation Order and Continuance of Trial filed by Blue Chip Recycling, LLC, Blue Chip II LLC, Stuart Lerner, Blue Chip II I LLC, L&M Ventures LLC. Jury Selection set for 10/31/2016 08:30 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Susan Illston. Jury Trial set for 10/31/2016 08:30 AM before Hon. Susan Illston. Motion Hearing set for 9/9/2016 09:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Susan Illston. Pretrial Conference set for 10/19/2016 03:30 PM in Courtroom 1, 17th Floor, San Francisco before Hon. Susan Illston.. Signed by Judge Susan Illston on 4/13/16. (tfS, COURT STAFF) (Filed on 4/14/2016)

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CALLAHAN & BLAINE, APLC
Edward Susolik, Esq. (SBN 151081)
[e-mail]
Richard T. Collins, Esq. (SBN 166577)
[e-mail]
3 Hutton Centre Drive, Ninth Floor
Santa Ana, California 92707
Telephone: [phone]
Facsimile: [phone]

Attorneys for Plaintiffs, L&M VENTURES, LLC,
STUART LERNER; BLUE CHIP III, LLC; BLUE CHIP
7 II, LLC; and BLUE CHIP RECYCLING, LLC
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TELEPHONE: [phone]
FAX: [phone]

3 HUTTON CENTRE DRIVE, NINTH FLOOR
SANTA ANA, CALIFORNIA 92707

A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW

CALLAHAN & BLAINE

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L&M VENTURES, LLC, a California
Limited Liability Company; STUART
LERNER, an individual; BLUE CHIP
III, LLC, a Mississippi Limited
Liability Company; BLUE CHIP II,
LLC, a Mississippi Limited Liability
Company; and BLUE CHIP
RECYCLING, LLC, a California
Limited Liability Company,
Plaintiffs,

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v.

TRAVELERS CASUALTY &
SURETY COMPANY OF AMERICA,
18 a Connecticut Corporation;
LIPSCOMB & PITTS INSURANCE
19 AGENCY, LLC, a Delaware Limited
Liability Company; and DOES 1 to
20 500, inclusive,
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CASE NO. 3:10-cv-05764-SI
STIPULATION RE FURTHER
AMENDMENT OF SECOND
PRETRIAL PREPARATION
ORDER AND CONTINUANCE OF
TRIAL
Assigned to: Hon. Susan Illston

Complaint Filed: December 17, 2010
Trial Date:
August 29, 2016

Defendants.

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Plaintiffs, L&M VENTURES, LLC, a California Limited Liability Company

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("L&M"), STUART LERNER, an individual ("Lerner"); BLUE CHIP III, LLC

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("BC-3"), Blue Chip II, LLC, a Mississippi limited liability company ("BC II") and

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Blue Chip Recycling, LLC, a California limited liability company ("BCR"),

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Defendant TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA

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("Travelers"), and Defendant LIPSCOMB & PITTS INSURANCE AGENCY, LLC
STIPULATION RE FURTHER AMENDMENT OF PRETRIAL PREPARATION
ORDER

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("Lipscomb"), by and through their attorneys of record, stipulate as follows:
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The Court’s Pretrial Preparation Order of September 9, 2015, provided

for the following relevant deadlines and cut-off dates:

b.

Expert witness rebuttal disclosures: November 16, 2015;

c.

Expert discovery cut-off: December 11, 2015;

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d.

Non-Expert discovery cutoff: December 11, 2015;

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e.

Dispositive motion filing deadline: January 15, 2016;

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f.

Dispositive motion opposition filing deadline: January 29, 2016;

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g.

Dispositive motion reply filing deadline: February 5, 2016; and

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h.

Dispositive motion hearing cut-off: February 29, 2016.

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TELEPHONE: [phone]
FAX: [phone]

3 HUTTON CENTRE DRIVE, NINTH FLOOR
SANTA ANA, CALIFORNIA 92707

Expert witness initial disclosures: October 30, 2015;

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A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW

a.

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CALLAHAN & BLAINE

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2.

Following the parties unsuccessful mediation with Janet R. Fields, Esq.

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of Judicate West, on August 20, 2015, the Court, on September 11, 2015, ordered

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the parties to resume mediation in February 2016.

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3.

After the further case management conference was held in this action

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on December 18, 2015, and pursuant to the parties’ request for an extension of

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certain deadlines in the Court’s Pretrial Preparation Order, the Court entered a

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Second Pretrial Preparation Order on December 21, 2015 and continued the

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deadlines and dates in this action as follows:

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a.

Non-Expert deposition cutoff: February 29, 2016;

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b.

Expert discovery cut-off: March 15, 2016;

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c.

Dispositive motion filing deadline: April 2, 2016;

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d.

Dispositive motion opposition filing deadline: April 15, 2016;

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e.

Dispositive motion reply filing deadline: April 22, 2016;

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f.

Dispositive motion hearing cut-off: May 6, 2016; and

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g.

Pretrial conference: August 16, 2016.

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h.

Trial: August 29, 2016 at 8:30 a.m.

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4.

The parties have exchanged written discovery, produced substantial
-2STIPULATION RE FURTHER AMENDMENT OF SECOND PRETRIAL
PREPARATION ORDER

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documentation in response to requests for production, and deposed a majority of the

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parties’ witnesses.

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5.

On February 18, 2016, after the parties participated in a lengthy second

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mediation with mediator Robert Kaplan, Esq. of Judicate West, Mr. Kaplan issued a

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settlement proposal to the parties. The parties have been provided with two weeks

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to respond to the settlement proposal due to the number of parties and complexity of

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issues involved in this action.

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6.

In order to provide the parties with sufficient time to (a) evaluate and

respond to Mr. Kaplan’s mediator’s proposal, and (b) complete discovery, expert

request for an extension of certain deadlines in the Court’s Pretrial Preparation

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TELEPHONE: [phone]
FAX: [phone]

3 HUTTON CENTRE DRIVE, NINTH FLOOR
SANTA ANA, CALIFORNIA 92707

A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW

discovery, and accordingly file dispositive motions, and pursuant to the parties’

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CALLAHAN & BLAINE

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Order, the Court entered an Order on the parties’ Stipulation re Amendment of

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Second Pretrial Preparation Order on February 22, 2016 and continued the deadlines

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and dates in this action.

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7.

Due to the complexity of issues in this case, the parties extended the

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deadline to respond to Mr. Kaplan’s settlement proposal to March 18, 2016, and

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then beyond that date.

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8.

As a result of Mr. Kaplan’s continued mediation efforts, the parties

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requested additional time to complete discovery, expert discovery, and file

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dispositive motions. The Court entered an Order on the parties’ Stipulation re

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Amendment of Second Pretrial Preparation Order on March 28, 2016, and continued

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the deadlines and dates in this action as follows:

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a.

Non-Expert deposition cutoff: April 29, 2016;

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b.

Expert discovery cut-off: May 13, 2016;

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c.

Dispositive motion filing deadline: May 27, 2016;

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d.

Dispositive motion opposition filing deadline: June 10, 2016;

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e.

Dispositive motion reply filing deadline: June 17, 2016;

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f.

Dispositive motion hearing cut-off: July 8, 2016.

-3STIPULATION RE FURTHER AMENDMENT OF SECOND PRETRIAL
PREPARATION ORDER

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9.

Following the parties’ stipulation to amend the scheduling order,

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plaintiffs’ counsel, Richard Collins, who has conducted all of the written discovery,

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and has attended all of the depositions and court appearances for plaintiffs, was

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scheduled for shoulder surgery on April 13, 2016. On April 5, 2016, Mr. Collins

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had a pre-operative surgical consult with his doctor, at which time his doctor

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imposed the following disability restrictions: “Off work for 2 weeks, then no air or

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long car travel for 4 weeks.” A true and correct copy of Mr. Collins’ disability

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certificate is attached as Exhibit A to this stipulation.

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10.

Of the remaining depositions, at least three of the witnesses are located

and another is in Chicago, Illinois. Pursuant to the disability restrictions, Mr.

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TELEPHONE: [phone]
FAX: [phone]

3 HUTTON CENTRE DRIVE, NINTH FLOOR
SANTA ANA, CALIFORNIA 92707

A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW

in Memphis, Tennessee, one is in St. Louis, Missouri, one is in Kansas City, Kansas,

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CALLAHAN & BLAINE

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Collins will be unable to travel to any of these depositions until after May 25, 2016,

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which is beyond the current discovery cut-off and only two days before the

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dispositive motion filing deadline.

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The parties agree that Mr. Collins’ disability is good cause for

extending the cut-off dates and deadlines.
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The parties agree that further good cause for extending the cut-off dates

and deadlines can be found in Mr. Kaplan’s ongoing mediation efforts.
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The parties agree that extending the cut-off dates and deadlines will

necessarily require continuance of the trial.
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As a result of the foregoing, the parties require additional time to

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complete discovery, expert discovery, and file dispositive motions. Accordingly,

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the parties agree that there is good cause to further amend the Second Pretrial

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Preparation Order to extend the deadlines and cut-offs, and to continue the trial as

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follows:

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a.

Non-Expert deposition cutoff: June 30, 2016;

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b.

Expert discovery cut-off: July 15, 2016;

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c.

Dispositive motion filing deadline: July 29, 2016;

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PREPARATION ORDER

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d.

Dispositive motion opposition filing deadline: August 12, 2016;

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e.

Dispositive motion reply filing deadline: August 19, 2016;

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f.

Dispositive motion hearing cut-off: September 9, 2016.

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g.

Pretrial conference: October 19, 2016, at 3:30 p.m. The

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deadlines to comply with the Court’s Pre-Trial Instructions [Docket #78-1] shall be

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calculated based upon this date.
h.

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15.

Trial: October 31, 2016, at 8:30 a.m.

This stipulation may be signed in counterparts and electronic,

photocopy and facsimile signatures will suffice as though they were original
signatures.

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TELEPHONE: [phone]
FAX: [phone]

3 HUTTON CENTRE DRIVE, NINTH FLOOR
SANTA ANA, CALIFORNIA 92707

A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW

CALLAHAN & BLAINE

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Dated: April 11, 2016

CALLAHAN & BLAINE, APLC

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By: /s/ Richard T. Collins
Edward Susolik, Esq.
Richard T. Collins, Esq.
Attorneys for Plaintiffs, L&M
VENTURES, LLC, STUART LERNER;
BLUE CHIP III, LLC; BLUE CHIP II,
LLC; and BLUE CHIP RECYCLING,
LLC

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Dated: April 11, 2016

LITCHFIELD CAVO, LLP

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By: /s/ G. David Rubin
G. David Rubin, Esq.
Talar Tavlian, Esq.
Attorneys for Defendant, TRAVELERS
CASUALTY & SURETY COMPANY
OF AMERICA

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-5STIPULATION RE FURTHER AMENDMENT OF SECOND PRETRIAL
PREPARATION ORDER

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Dated: April 11, 2016

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GOFFSTEIN, RASKAS, POMERANTZ,
KRAUS & SHERMAN, LLC

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By: /s/ Sanford Goffstein
Sanford Goffstein, Esq.
Attorneys for Defendant, LIPSCOMB &
PITTS INSURANCE AGENCY, LLC

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IT IS SO ORDERED.

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TELEPHONE: [phone]
FAX: [phone]

3 HUTTON CENTRE DRIVE, NINTH FLOOR
SANTA ANA, CALIFORNIA 92707

A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW

CALLAHAN & BLAINE

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Dated:
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4/13

, 2016 By:

HONORABLE SUSAN ILLSTON
United States District Court Judge

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-6STIPULATION RE FURTHER AMENDMENT OF SECOND PRETRIAL
PREPARATION ORDER

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PROOF OF SERVICE
L&M VENTURES V. TRAVELERS CASUALTY, et al.,
U.S.D.C. Case No. 3:10-cv-05764-SI

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I am employed in the County of Orange, State of California. I am over the
age of 18 years and am not a party to the within action; my business address is 3
5 Hutton Centre Drive, Ninth Floor, Santa Ana, California 92707.
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TELEPHONE: [phone]
FAX: [phone]

3 HUTTON CENTRE DRIVE, NINTH FLOOR
SANTA ANA, CALIFORNIA 92707

A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW

CALLAHAN & BLAINE

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On April 11, 2016, I served the following document(s) described as
STIPULATION RE FURTHER AMENDMENT OF SECOND PRETRIAL
PREPARATION ORDER AND CONTINUANCE OF TRIAL
on the interested parties in this action by placing:
the original
thereof enclosed in a sealed envelope addressed as follows:

a true copy

Please see attached “Service List”.
BY ELECTRONIC MAIL: I electronically filed such document with the
Clerk of the Court using the CM/ECF system, which sent electronic
notification of such filing to all other parties appearing on the docket sheet as
listed below:
Edward Daniel Vaisbort [e-mail],
[e-mail]
G David Rubin

[e-mail]

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John Carl Scholz [e-mail],
[e-mail], [e-mail]

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Julie A. Lemmer

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Ronald D. Echeguren [e-mail],
[e-mail], [e-mail],
[e-mail]

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Sanford Goffstein

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Talar Tavlian [e-mail],
[e-mail], [e-mail]

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[e-mail]

[e-mail]

I declare under penalty of perjury under the laws of the United States of
America and the State of California that the foregoing is true and correct.
Executed on April 11, 2016, at Santa Ana, California.
/s/ Maria Martinez
Maria Martinez
-7STIPULATION RE FURTHER AMENDMENT OF SECOND PRETRIAL
PREPARATION ORDER

EXHIBIT A