Sonoma Tires, Inc. v. Big O Tires, LLC

Filing 59

STIPULATION AND ORDER RE 58 REGARDING LITIGATION DEADLINES. Pretrial Conference set for 4/4/2013 10:00 AM; Jury Selection set for 4/22/2013 09:00 AM; Jury Trial set for 4/22/2013 09:00 AM; Motion Hearing set for 12/13/2012 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 10/1/12. (cl, COURT STAFF) (Filed on 10/1/2012)

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SEYFARTH SHAW LLP
Michael J. Burns (SBN 172614)
E-mail: [e-mail]
Michael T. McKeeman (SBN 173662)
E-mail: [e-mail]
Joseph J. Orzano (SBN 262040)
E-mail: [e-mail]
560 Mission Street, Suite 3100
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Big O Tires, LLC
LAGARIAS & BOULTER LLP
Peter C. Lagarias (SBN 77091)
E-mail: [e-mail]
Robert S. Boulter (SBN 153549)
E-mail: [e-mail]
1629 Fifth Avenue
San Rafael, California 94901-1828
Telephone: [phone]
Facsimile: [phone]
Attorneys for Sonoma Tires, Inc. and
John G. Rhiel, IV

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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SONOMA TIRES, INC., a California
Corporation,

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Plaintiff,

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v.
BIG O TIRES, LLC, a Colorado Limited
Liability Company,
Defendant.

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Case No. C 11-0818 RS
STIPULATION REGARDING
LITIGATION DEADLINES AND
[PROPOSED] ORDER
[L.R. 7-12]
Date: October 25, 2012
Time: 1:30 p.m.
Place: Courtroom 3

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Stipulation Regarding Litigation Deadlines and [Proposed] Order; Case No. C11-0818RS

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Big O Tires, LLC (“Big O”), on the one hand, and Sonoma Tires, Inc. (“Sonoma”) and

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John G. Rhiel, IV (“Rhiel”), on the other hand, (collectively, “Parties”) by and through their

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respective undersigned counsel, hereby stipulate and jointly request that the Court issue an Order

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as follows:

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WHEREAS, Big O has filed a Motion for Summary Judgment initially set for hearing
on October 11, 2012.

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WHEREAS, Sonoma has filed a Motion for Partial Summary Judgment initially set for
hearing on October 11, 2012.

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WHEREAS, after filing the above motions, the parties participated in a private mediation

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on September 14, 2012. At the mediation, a complex settlement proposal was discussed. The

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proposal involves the acquisition of the Sonoma store by Big O.

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WHEREAS, the Court continued the hearing on the parties’ respective motions to allow

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time for Big O to evaluate the potential settlement. [See Dkt. No. 57] The hearing date is

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currently set for October 25, 2012, with Oppositions due October 2, 2012, and Replies due

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October 11, 212. [Id.]

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WHEREAS, Big O has requested additional time to evaluate the potential settlement.

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Big O is presently reviewing and analyzing additional financial and accounting data provided by

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Sonoma to determine whether to proceed with a detailed evaluation of the proposal. Big O

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requires certain corporate decision makers to participate in the decision to further evaluate the

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settlement. Big O expects that, due to the significant nature of the potential transaction and the

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travel schedules and press of business of its employees, that its decision to further evaluate the

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proposal will require at least two to three additional weeks followed by a detailed valuation of

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the business. A detailed valuation of the business is expected to require, at a minimum,

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additional financial analysis and a visit to the Sonoma store to inspect inventory and equipment

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to support that valuation.

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WHEREAS, the settlement proposal takes into consideration attorneys’ fees incurred by

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the parties. The parties do not wish to incur unnecessary litigation costs while Big O evaluates

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//
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Stipulation Regarding Litigation Deadlines and [Proposed] Order; Case No. C11-0818RS

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the potential settlement, nor do the parties wish to burden the Court with potentially unnecessary

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motion practice.

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WHEREAS, the parties desire and jointly request that the October 25, 2012 hearing on

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Sonoma’s Motion for Partial Summary Judgment and Big O’s Motion for Summary Judgment be

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continued to December 13, 2012, the deadline for the parties to file and serve Oppositions to the

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pending motions be continued from October 2, 2012 to November 20, 2012, and the deadline to

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file and serve a Reply to the respective Oppositions be continued from October 11, 2012 to

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November 29, 2012.

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WHEREAS, the parties further desire and jointly request that the trial date in this action

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be continued from December 10, 2012 to March 24, 2013 or as soon thereafter as is convenient

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for the Court and that additional remaining litigation deadlines be continued accordingly,

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including expert discovery deadlines, the deadline to file pretrial statements, and the pretrial

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conference. The parties desire this continuance so that they need not incur potentially

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unnecessary litigation expenses conducting expert discovery and preparing for trial and so that

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the Court may hear the pending motions prior to expert discovery and trial preparation.

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IT IS THEREFORE STIPULATED AND JOINTLY REQUESTED that:

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The Court order that the October 25, 2012 hearing on Sonoma’s Motion for

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Partial Summary Judgment and Big O’s Motion for Summary Judgment be

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continued to December 13, 2012.

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2.

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The Court order that the deadline for the parties to file and serve Oppositions to
the pending motions be continued from October 2, 2012 to November 20, 2012.

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3.

The Court order that the deadline for the parties to file and serve a Reply to the

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respective Oppositions be continued from October 11, 2012 to November 29,

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2012.

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4.

The Court continue the trial date in this action approximately three months from

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December 10, 2012 to March 24, 2013 or as soon thereafter as is convenient for

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the Court.

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Stipulation Regarding Litigation Deadlines and [Proposed] Order; Case No. C11-0818RS

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The Court continue the expert discovery deadlines so that Plaintiff’s deadline to

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disclose expert testimony and reports will be January 4, 2013, Defendant’s

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deadline to disclose expert testimony and reports will be January 18, 2013, and all

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expert discovery shall be completed on or before February 4, 2013.

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6.

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The Court continue the pretrial conference and deadline to file the joint pretrial
statement in accordance with the continued trial date.

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IT IS SO STIPULATED.

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Dated: September 28, 2012

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SEYFARTH SHAW LLP
By _ _______/s/ Joseph J. Orzano____ ____
Joseph J. Orzano
Attorneys for Big O Tires, LLC

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Dated: September 28, 2012

LAGARIAS & BOULTER, LLP

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By _ _______/s/__Peter C. Lagarias ____
Peter C. Lagarias
Attorneys for Sonoma Tires, Inc. and
John G. Rhiel, IV

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED,

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1.

The October 25, 2012 hearing on Sonoma’s Motion for Partial Summary

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Judgment and Big O’s Motion for Summary Judgment is continued to December

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13, 2012.

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2.

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is continued from October 2, 2012 to November 20, 2012.

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3.

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The deadline for the parties to file and serve Oppositions to the pending motions

The deadline for the parties to file and serve a Reply to the respective Oppositions
is continued from October 11, 2012 to November 29, 2012.

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Stipulation Regarding Litigation Deadlines and [Proposed] Order; Case No. C11-0818RS

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4.

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The last day for Plaintiff to disclose expert testimony and reports is continued to
January 4, 2013.

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The last day for Defendant to disclose expert testimony and reports is continued
to January 18, 2013.

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All expert discovery shall be completed on or before February 4, 2013.

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The parties shall meet and confer and file a Joint Pretrial Statement on or before

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February 28, 2013.

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April 4, 2013
The pretrial conference is continued to March 14, 2013 at 10 a.m.
April 22,
The trial date is continued to March 24, 2013 at 9 a.m.

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10/1/12
Dated: __________________

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________________________
The Honorable Richard Seeborg

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14882519v.1

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Stipulation Regarding Litigation Deadlines and [Proposed] Order; Case No. C11-0818RS