Berti Produce - San Francisco, Inc. et al v. Sbragia et al

Filing 25

ORDER - Motions due by 11/15/2012. Motion Hearing set for 12/20/2012 10:00 AM in Courtroom B, 15th Floor, San Francisco before Magistrate Judge Maria-Elena James.. Signed by Judge Maria-Elena James on 7/23/2012. (cdnS, COURT STAFF) (Filed on 7/23/2012)

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MARION QUESENBERY, State Bar No. 72308
RYNN & JANOWSKY, LLP
P.O. Box 20799
Oakland, CA 94620
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Plaintiffs
Berti Produce – San Francisco, Inc.; Edwin Chin
dba New City Fruit & Produce; Jacobs, Malcolm & Burtt;
North Bay Produce, Inc.; Washington Vegetable Company;
What A Tomato Produce Company, Inc.; and Coosemans
San Francisco, Inc.

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IN THE UNITED STATES DISTRICT COURT

LAW OFFICES
RYNN & JANOWSKY, LLP
P.O. BOX 20799
OAKLAND, CALIFORNIA 94620
[phone]
FAX [phone]

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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BERTI PRODUCE – SAN FRANCISCO,
INC.; EDWIN CHIN dba NEW CITY FRUIT
& PRODUCE; JACOBS, MALCOLM &
BURTT; NORTH BAY PRODUCE, INC.;
WASHINGTON VEGETABLE COMPANY;
WHAT A TOMATO PRODUCE COMPANY,
INC.; and COOSEMANS SAN FRANCISCO,
INC.,

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CASE NO. C11-03546 MEJ
STIPULATION & REQUEST TO
EXTEND DEADLINE FOR ADR
SESSION, DISCOVERY, &
DISPOSITIVE MOTIONS

Plaintiffs,
v.
ROBERT SBRAGIA; JOHN SBRAGIA;
STEVEN SBRAGIA; and PATRICIA CINI
aka PATTI CINI,
Defendants.

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Plaintiffs and Defendants respectfully request that the Court extend the deadline to hold
an ADR session from July 15, 2012 to August 11, 2012. This is the parties' second request for
an extension. Although they have attempted to schedule the mediation session, because one of
the defendants has a new job and the others are unable to attend on the dates available, the

STIPULATION & REQUEST TO EXTEND ADR DEADLINE – Case No. C11-03546 – Page 1

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parties are unable to schedule the mediation before the deadline. Given the number of parties

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involved, obtaining a mutually available date has been difficult, but the parties, their attorneys,

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and the mediator are committed to reschedule the mediation session as soon as possible.

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Counsel for both parties believe that mediation may be fruitful, and they are engaging in

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informal settlement discussions, but they would appreciate this extension to insure that the

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mediation session will take place should informal discussions not result in a resolution of the

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dispute.

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Trial is not scheduled until March 4, 2013; however, five deadlines will be affected by
the extension of the mediation deadline. As a result, the parties also respectfully request that

LAW OFFICES
RYNN & JANOWSKY, LLP
P.O. BOX 20799
OAKLAND, CALIFORNIA 94620
[phone]
FAX [phone]

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Action

Current Deadline

Proposed Deadline

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Disclosure of Expert Witnesses

08/03/2012

09/03/2012

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Disclosure of Rebuttal Experts

08/13/2012

09/13/2012

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Discovery Cutoff

08/28/2012

10/13/2012

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Dispositive Motions Must Be Filed,
Served, & Noticed

09/27/2012

11/15/2012

Hearing On Dispositive Motions

11/01/2012

12/20/2010

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Date: July 12, 2012

RYNN & JANOWSKY, LLP

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By:
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/s/ Marion I. Quesenbery
Marion I. Quesenbery
Attorneys for Plaintiffs

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Date: July 12, 2012

COHEN AND JACOBSON, LLP

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By:

________________________________
Lawrence A. Jacobson
Attorney for Defendants

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STIPULATION & REQUEST TO EXTEND ADR DEADLINE – Case No. C11-03546 – Page 2

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IT IS SO ORDERED.

The following deadlines and dates contained in the Case

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Management Order dated February 24, 2012 are changed: (1) for the parties to complete ADR to

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August 11, 2012, (2) for the disclosure of experts to September 3, 2012, (3) for the disclosure of

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rebuttal experts to September 13, 2012, (4) for the discovery cutoff to October 13, 2012, (4) for

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filing, service, and noticing of dispositive motions to November 15, 2012, and (5) for the hearing

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All subsequent pretrial and trial
date for dispositive motions December 20, 2012 at 10:00 a.m. deadlines are VACATED.

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Date: July __, 2012

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____________________________________
Chief Magistrate Judge Maria-Elena James

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LAW OFFICES
RYNN & JANOWSKY, LLP
P.O. BOX 20799
OAKLAND, CALIFORNIA 94620
[phone]
FAX [phone]

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STIPULATION & REQUEST TO EXTEND ADR DEADLINE – Case No. C11-03546 – Page 3