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

Filing 97

STIPULATION AND ORDER RE LITIGATION DEADLINES. Further Case Management Conference set for 2/13/2014 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 11/7/13. (cl, COURT STAFF) (Filed on 11/7/2013)

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1 2 3 4 5 6 7 8 9 10 11 12 13 SEYFARTH SHAW LLP Michael J. Burns (SBN 172614) E-mail: mburns@seyfarth.com Michael T. McKeeman (SBN 173662) E-mail: mmckeeman@seyfarth.com Joseph J. Orzano (SBN 262040) E-mail: jorzano@seyfarth.com 560 Mission Street, Suite 3100 San Francisco, California 94105 Telephone: (415) 397-2823 Facsimile: (415) 397-8549 Attorneys for Big O Tires, LLC LAGARIAS & BOULTER LLP Peter C. Lagarias (SBN 77091) E-mail: pcl@lb-attorneys.com Robert S. Boulter (SBN 153549) E-mail: rsb@lb-attorneys.com 1629 Fifth Avenue San Rafael, California 94901-1828 Telephone: (415) 460-0100 Facsimile: (415) 460-1099 Attorneys for Sonoma Tires, Inc. and John G. Rhiel, IV 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 17 SAN FRANCISCO DIVISION 18 SONOMA TIRES, INC., a California Corporation, 19 Plaintiff, 20 21 22 23 24 25 v. BIG O TIRES, LLC, a Colorado Limited Liability Company, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. C 11-0818 RS STIPULATION REGARDING LITIGATION DEADLINES AND [PROPOSED] ORDER 26 27 28 1 Stipulation Regarding Litigation Deadlines and [Proposed] Order; Case No. C11-0818RS 1 Big O Tires, LLC (“Big O”), on the one hand, and Sonoma Tires, Inc. (“Sonoma”) and 2 John G. Rhiel, IV (“Rhiel”), on the other hand, (collectively, “Parties”) by and through their 3 respective undersigned counsel, hereby stipulate and jointly request that the Court issue an Order 4 as follows: 5 WHEREAS, at the previous case management conference, Plaintiff’s counsel represented 6 that Rhiel was working on a personal bankruptcy filing, and possibly a filing for Sonoma. (See 7 Dkt. # 93.) 8 9 WHEREAS, thereafter the Court issued a case management scheduling order permitting Big O to conduct expert discovery beginning sixty days from the date of the order for a period of 10 two weeks. (See Dkt. # 95.) That expert discovery period opened on October 28, 2013 and 11 closes on November 11, 2013. The Court also set a further case management conference at the 12 conclusion of the expert discovery period on December 12, 2013. (See id.) 13 WHEREAS, Big O has served Plaintiff’s expert with document and deposition subpoenas 14 on October 29, 2013 and noticed the deposition of Plaintiff’s expert for November 11, 2013; 15 however, the parties have met and conferred and Plaintiff’s counsel has represented that Rhiel, 16 and possibly Sonoma, still intend to seek bankruptcy protection, that Rhiel continues to work 17 through issues related to the filing with separate bankruptcy counsel and, further, that Plaintiff’s 18 expert is not available on November 11, 2013 for his deposition. 19 WHEREAS, based on the foregoing, the parties jointly desire to continue the deadline for 20 Big O to complete expert discovery to January 31, 2014 to allow time for Rhiel and possibly 21 Sonoma to complete and file a bankruptcy petition before incurring costs of expert discovery. 22 WHEREAS, the parties further jointly desire to continue the case management 23 conference until February 13, 2014, or on such date thereafter that is convenient for the Court. 24 IT IS THEREFORE STIPULATED AND JOINTLY REQUESTED that: 25 1. 26 27 28 The Court order that the November 11, 2013 deadline for Big O to complete expert discovery be continued to January 31, 2014. 2. The December 12, 2013 case management conference be continued to February 13, 2014 or on such date thereafter that is convenient for the Court. 2 Stipulation Regarding Litigation Deadlines and [Proposed] Order; Case No. C11-0818RS 1 IT IS SO STIPULATED. 2 3 Dated: November 6, 2013 4 SEYFARTH SHAW LLP By _ _______/s/ Joseph J. Orzano____ ____ Joseph J. Orzano Attorneys for Big O Tires, LLC 5 6 7 Dated: November 6, 2013 LAGARIAS & BOULTER, LLP 8 By _ _______/s/__Peter C. Lagarias ____ Peter C. Lagarias Attorneys for Sonoma Tires, Inc. and John G. Rhiel, IV 9 10 11 12 [PROPOSED] ORDER 13 PURSUANT TO STIPULATION, IT IS SO ORDERED, 14 1. The deadline for Big O to complete expert discovery is extended to January 31, 15 2014. 16 2. The December 12, 2013 case management conference is continued to February 17 13, 2014 at 10:00 a.m. The parties shall file a Joint Case Management 18 Conference Statement at least one week prior to the Conference. 19 3. All other deadlines remain unchanged. 20 21 Dated: _ 11/7/13 The Honorable Richard Seeborg 22 23 16402634v.2 24 25 26 27 28 3 Stipulation Regarding Litigation Deadlines and [Proposed] Order; Case No. C11-0818RS

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