Sonoma Tires, Inc. v. Big O Tires, LLC
Filing
99
STIPULATION AND ORDER RE LITIGATION DEADLINES. Signed by Judge Richard Seeborg on 1/29/14. (cl, COURT STAFF) (Filed on 1/29/2014)
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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
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
SONOMA TIRES, INC., a California
Corporation,
) Case No. C 11-0818 RS
)
) NOTICE OF BANKRUPTCY FILING
Plaintiff,
) OF COUNTER-DEFENDANT JOHN G.
) RHIEL, IV AND STIPULATION
v.
) REGARDING LITIGATION
) DEADLINES AND [PROPOSED]
BIG O TIRES, LLC, a Colorado Limited
) ORDER
Liability Company,
)
) [L.R. 7-12]
Defendant.
)
)
)
BIG O TIRES, LLC, a Nevada Limited Liability)
Company,
)
)
Counter-claimant,
)
)
v.
)
)
SONOMA TIRES, INC, a California
)
Corporation, and JOHN G. RHIEL, IV, an
)
individual,
)
)
Counter-defendants.
)
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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”), on
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the other hand, by and through their respective undersigned counsel, hereby stipulate and jointly
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request that the Court issue an Order as follows:
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WHEREAS, on December 31, 2013, counter-defendant John G. Rhiel, IV (“Rhiel”) filed
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a voluntary Chapter 7 bankruptcy petition in the U.S. Bankruptcy Court for the Northern District
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of California, Case No. 13-46855.
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WHEREAS, Rhiel’s Chapter 7 Schedules are not due to be filed in the Bankruptcy Court
until January 27, 2014 and the meeting of creditors is not until January 31, 2014.
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WHEREAS, the current expert discovery cut-off is January 31, 2014 (meaning Big O
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would otherwise have to depose Sonoma’s expert by January 31, 2014) and pretrial motion
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hearing cut-off is March 13, 2014 (meaning the deadline to file a pretrial motion is February 6,
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2014).
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WHEREAS, Big O and Sonoma met and conferred and jointly desire to continue the
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current litigation deadlines that will otherwise occur prior to the February 13, 2014 Case
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Management Conference to allow them time to further confer on the impact of Rhiel’s
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bankruptcy filing on this action without incurring potentially unnecessary costs and expenses.
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IT IS THEREFORE STIPULATED AND JOINTLY REQUESTED that:
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1.
The Court order that all currently pending deadlines that will otherwise arise
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before the February 13, 2014 Case Management Conference be continued
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pending further discussion regarding case scheduling at the upcoming Case
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Management Conference, should such a conference be necessary.
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IT IS SO STIPULATED.
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Dated: January 28, 2014
SEYFARTH SHAW LLP
By /s/_ Joseph J. Orzano __ ____
Joseph J. Orzano
Attorneys for Big O Tires, LLC
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Stipulation Regarding Litigation Deadlines and [Proposed] Order; Case No. C11-0818RS
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Dated: January 28, 2014
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,
1.
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2014 Case Management Conference are hereby continued pending further
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discussion regarding case scheduling at the upcoming Case Management
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Conference, as necessary.
2.
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The parties need not file a Joint Case Management Conference Statement before
the upcoming Case Management Conference, should such a Case Management
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All currently pending deadlines that will otherwise arise before the February 13,
Conference be necessary.
3.
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The parties may, however, file independent Case Management Statements in
advance of the Case Management Conference setting forth their position on the
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impact of John Rhiel’s bankruptcy filing on this action.
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Dated: __________________
1/29/14
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________________________
The Honorable Richard Seeborg
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16777266v.1
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Stipulation Regarding Litigation Deadlines and [Proposed] Order; Case No. C11-0818RS
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