Makreas v. First National Bank of Northern California et al

Filing 101

ORDER GRANTING 99 STIPULATION re Request to Extend Deadline for Filing Motions for Summary Judgment.Filing of Dispositive Motions due by 2/1/2013. Opposition due by 2/15/2013. Replies due by 3/8/2013. Dispositive Motion Hearing set for 3/29/2013 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge Jeffrey S. White on 1/3/13. (jjoS, COURT STAFF) (Filed on 1/3/2013)

Case3:11-cv-02234-JSW Document99 Filed12/28/12 Page1 of 4

1 JOHN F. FRIEDEMANN (SBN 115632)
[e-mail]
2 STEPHANIE BARBER HESS (SBN 204321)
[e-mail]
3 JOHN N. MACLEOD (SBN 269073)
[e-mail]
4 FRIEDEMANN GOLDBERG LLP
420 Aviation Boulevard, Suite 201
5 Santa Rosa, California 95403
Telephone: [phone]
6 Facsimile: [phone]
7 Attorneys for Defendants
FIRST NATIONAL BANK OF
8 NORTHERN CALIFORNIA,
KATHY CASTOR, and RANDY BRUGIONI
9
10

UNITED STATES DISTRICT COURT

11

FOR THE NORTHERN DISTRICT OF CALIFORNIA

12
13 NICK MAKREAS,
14
15

CASE NO. CV-11-02234 JSW
Plaintiff,

v.

16
FIRST NATIONAL BANK OF NORTHERN
17 CALIFORNIA, a business entity, Form
Unknown; T.D. SERVICE COMPANY a
18 business entity, Form Unknown; KATHY
CASTOR, an individual; RANDY BRUGIONI,
19 an individual; COUNTY OF SAN MATEO; SAN
MATEO COUNTY SHERIFF’S OFFICE; SAN
20 MATEO COUNTY SHERIFF GREG MUNKS,
in his individual and official capacity; SAN
21 MATEO COUNTY SHERIFF’S DEPUTY
STEPHEN DUVALL, in his individual and
22 official capacity; SAN MATEO COUNTY
SHERIFF’S DEPUTY HOSS, in his individual
23 and official capacity; SAN MATEO COUNTY
SHERIFF’S DEPUTY VALENCIA, in his
24 individual and official capacity; Employees
DOES 1 through 25 INCLUSIVE, in their
25 individual and official capacity; and DOES 26
through 50 INCLUSIVE, et al.,
26
Defendants.
27

HONORABLE JEFFREY S. WHITE
STIPULATION RE REQUEST TO
EXTEND DEADLINE FOR FILING
MOTIONS FOR SUMMARY
JUDGMENT; [PROPOSED] ORDER
THEREON

28
{00260936.DOC;v3}

CV-11-02234 JSW
STIPULATION RE REQUEST TO EXTEND DEADLINE FOR FILING MOTIONS FOR SUMMARY
JUDGMENT; [PROPOSED] ORDER THEREON

Case3:11-cv-02234-JSW Document99 Filed12/28/12 Page2 of 4

1

This stipulation is entered into by Defendants First National Bank of Northern California,

2 Kathy Castor, and Randy Brugioni (collectively “FNBNC Defendants”), Defendant T.D. Service
3 Company, and Plaintiff Nick Makreas (collectively “Parties”) by and through their respective
4 counsel of record.
5

FACTUAL RECITALS

6

This Stipulation is entered into in reference to the following facts:

7

1.

On June 29, 2012, the Parties appeared at a Case Management Conference in this

8 matter during which the Court set the following deadlines for filing motions for summary
9 judgment:
10

a. Hearing on March 1, 2013 at 9:00 a.m.

11

b. Briefing as follows:

12

i. One party files an opening summary judgment motion by January 4,

13

2013;

14

ii. The other party shall file its opposition and cross-motion by January 18,

15

2013;

16

iii. The reply and opposition to the cross-motion is due by February 1,

17

2013; and

18

iv. The reply in support of the cross-motion is due by February 8, 2013.

19

2.

On June 29, 2012, the Court further set a discovery cut-off of December 10, 2012.

20

3.

On October 10, 2012, the Court entered an order continuing the discovery cut-off to

21 January 9, 2013.
22

4.

On October 26, 2013, Plaintiff filed Notice of Motion and Motion for Leave to File

23 Second Amended Complaint (“Motion”). The Motion seeks to dismiss the Fair Debt Collection
24 Practices Act cause of action and add a cause of action for Intentional Infliction of Emotional
25 Distress. The Motion is scheduled for hearing on January 25, 2012.
26

5.

Each of the parties currently intends to file a motion for summary judgment.

27

6.

Counsel for Plaintiff has indicated that he is not currently prepared to file a motion

28

{00260936.DOC;v3}

CV-11-02234 JSW
STIPULATION RE REQUEST TO EXTEND DEADLINE FOR FILING MOTIONS FOR SUMMARY
JUDGMENT; [PROPOSED] ORDER THEREON

Case3:11-cv-02234-JSW Document99 Filed12/28/12 Page3 of 4

1 for summary judgment because he has not completed the depositions of the FNBNC Defendants.
2

7.

The FNBNC Defendants and Defendant T.D. Service Company are likewise unable

3 to file motions for summary judgment at this time as the pleadings are unsettled as a result of the
4 pending Motion, which will not be decided until January 25, 2013.
5

8.

Trial in this matter is set for June 3, 2013.

6

9.

The Parties previously stipulated to extend the deadline by which they were to

7 complete mediation from September 27, 2012 to October 5, 2012, which request was granted by
8 the Court.
9

10.

The requested continuance of the deadlines for filing dispositive motions will not

10 adversely affect the schedule of this case.
11
12

STIPULATION

13
14

In light of the foregoing facts, the Parties agree as follows:

15
16

The deadlines related to the filing and hearing on dispositive motions should be continued

17 as follows:
18

a. Hearing on March 29, 2013 at 9:00 a.m.

19

b. Briefing as follows:

20

i. Defendants shall filed their opening summary judgment motions by

21

February 1, 2013;

22

ii. Plaintiff shall file his oppositions and cross-motion by February 15,

23

2013;

24

iii. Defendants shall file replies and oppositions to the cross-motions by

25

March 1, 2013; and

26

iv. Plaintiff shall file his reply in support of the cross-motion by March 8,

27
28

2013.
{00260936.DOC;v3}

CV-11-02234 JSW
STIPULATION RE REQUEST TO EXTEND DEADLINE FOR FILING MOTIONS FOR SUMMARY
JUDGMENT; [PROPOSED] ORDER THEREON

Case3:11-cv-02234-JSW Document99 Filed12/28/12 Page4 of 4

1

SO STIPULATED.

2 DATED: December 28, 2012

FRIEDEMANN GOLDBERG LLP

3
4

By: /s/ John N. MacLeod
JOHN N. MACLEOD
Attorneys for Defendants
FIRST NATIONAL BANK OF NORTHERN
CALIFORNIA, KATHY CASTOR, and
RANDY BRUGIONI

5
6
7
DATED: December 28, 2012
8

THE DREYFUSS FIRM, a Professional Law
Corporation

9
10

By: /s/ Lawrence J. Dreyfuss
LAWRENCE J. DREYFUSS
Attorneys for Defendant
T.D. SERVICE COMPANY

11
12
DATED: December 28, 2012

THE GOODELL LAW FIRM

13
14
By: /s/ Nelson W. Goodell
NELSON W. GOODELL
Attorney for Plaintiff
NICK MAKREAS

15
16
17

18 Filer’s Attestation: Pursuant to Civil Local Rule 5-1(i)(3) regarding signatures, John N.
MacLeod hereby attests that concurrence in the filing of this document has been obtained.
19
20
21

PURSUANT TO STIPULATION, IT IS SO ORDERED.

22
23 Dated: January 3, 2013
UNITED STATES DISTRICT COURT JUDGE
24
25
26
27
28

{00260936.DOC;v3}

CV-11-02234 JSW
STIPULATION RE REQUEST TO EXTEND DEADLINE FOR FILING MOTIONS FOR SUMMARY
JUDGMENT; [PROPOSED] ORDER THEREON