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)

1
2
3
4
5
6
7
8
9
10
11
12
13

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

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