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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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. ) 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”), on 2 the other hand, by and through their respective undersigned counsel, hereby stipulate and jointly 3 request that the Court issue an Order as follows: 4 WHEREAS, on December 31, 2013, counter-defendant John G. Rhiel, IV (“Rhiel”) filed 5 a voluntary Chapter 7 bankruptcy petition in the U.S. Bankruptcy Court for the Northern District 6 of California, Case No. 13-46855. 7 8 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. 9 WHEREAS, the current expert discovery cut-off is January 31, 2014 (meaning Big O 10 would otherwise have to depose Sonoma’s expert by January 31, 2014) and pretrial motion 11 hearing cut-off is March 13, 2014 (meaning the deadline to file a pretrial motion is February 6, 12 2014). 13 WHEREAS, Big O and Sonoma met and conferred and jointly desire to continue the 14 current litigation deadlines that will otherwise occur prior to the February 13, 2014 Case 15 Management Conference to allow them time to further confer on the impact of Rhiel’s 16 bankruptcy filing on this action without incurring potentially unnecessary costs and expenses. 17 IT IS THEREFORE STIPULATED AND JOINTLY REQUESTED that: 18 1. The Court order that all currently pending deadlines that will otherwise arise 19 before the February 13, 2014 Case Management Conference be continued 20 pending further discussion regarding case scheduling at the upcoming Case 21 Management Conference, should such a conference be necessary. 22 IT IS SO STIPULATED. 23 24 25 26 Dated: January 28, 2014 SEYFARTH SHAW LLP By /s/_ Joseph J. Orzano __ ____ Joseph J. Orzano Attorneys for Big O Tires, LLC 27 28 2 Stipulation Regarding Litigation Deadlines and [Proposed] Order; Case No. C11-0818RS 1 Dated: January 28, 2014 LAGARIAS & BOULTER, LLP 2 3 By _/s/ Peter C. Lagarias_______ ____ Peter C. Lagarias Attorneys for Sonoma Tires, Inc. and John G. Rhiel, IV 4 5 6 [PROPOSED] ORDER 7 8 PURSUANT TO STIPULATION, IT IS SO ORDERED, 1. 9 2014 Case Management Conference are hereby continued pending further 10 discussion regarding case scheduling at the upcoming Case Management 11 12 Conference, as necessary. 2. 13 The parties need not file a Joint Case Management Conference Statement before the upcoming Case Management Conference, should such a Case Management 14 15 All currently pending deadlines that will otherwise arise before the February 13, Conference be necessary. 3. 16 The parties may, however, file independent Case Management Statements in advance of the Case Management Conference setting forth their position on the 17 impact of John Rhiel’s bankruptcy filing on this action. 18 19 Dated: __________________ 1/29/14 20 ________________________ The Honorable Richard Seeborg 21 22 23 16706596v.1 16777266v.1 24 25 26 27 28 3 Stipulation Regarding Litigation Deadlines and [Proposed] Order; Case No. C11-0818RS

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