Cornerstone Staffing Solutions, Inc. v. James et al

Filing 254

STIPULATION AND ORDER TO CONTINUE TRIAL DATE AND DISCOVERY DEADLINES; Pretrial Conference set for 5/15/2014 01:30 PM; Jury Selection set for 5/27/2014 09:00 AM; Jury Trial set for 5/27/2014 09:00 AM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 12/19/13. (cl, COURT STAFF) (Filed on 12/19/2013)

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HILL, FARRER & BURRILL LLP
Neil D. Martin (Bar No. 094121)
Email: [e-mail]
Clayton J. Hix (Bar No. 236718)
Email: [e-mail]
One California Plaza, 37th Floor
300 South Grand Avenue
Los Angeles, CA 90071-3147
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiff/Counter-Defendant
CornerStone Staffing Solutions, Inc. and
Counter-Defendant Mary Anderson
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT—SAN FRANCISCO DIVISION

A LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
ONE CALIFORNIA PLAZA, 37TH FLOOR
300 SOUTH GRAND AVENUE
LOS ANGELES, CALIFORNIA 90071-3147

HILL, FARRER & BURRILL LLP

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CORNERSTONE STAFFING
SOLUTIONS, INC., a California
corporation,
Plaintiff,
vs.

CASE NO. C12-01527 RS
STIPULATION TO CONTINUE
TRIAL DATE AND DISCOVERY
DEADLINES; [PROPOSED] ORDER
AS MODIFIED BY THE COURT

LARRY THAXTER JAMES, an
individual; et al.,
Defendants.

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______________________________

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Complaint Filed:
Trial Date:

March 27, 2012
February 10, 2014

AND RELATED
COUNTERCLAIMS

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STIPULATION TO CONTINUE TRIAL & EXTEND DISCOVERY DEADLINES; [PROPOSED] ORDER THEREON

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STIPULATION

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The parties to this stipulation agree and request as follows:

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As explained below, there are several issues between the parties

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related to pending bankruptcy proceedings and discovery matters that the parties

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believe require a trial continuance and extension of various discovery and other

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deadlines.

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Procedural Issues

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2.

The Court set February 10, 2014 as the date for trial in this matter.

A LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
ONE CALIFORNIA PLAZA, 37TH FLOOR
300 SOUTH GRAND AVENUE
LOS ANGELES, CALIFORNIA 90071-3147

HILL, FARRER & BURRILL LLP

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(Docket # 164.) On June 21, 2013, there was a previous modification of the Case

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Management Scheduling Order to continue the trial date pursuant to the parties’

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stipulation. (Docket # 164.)

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Bankruptcy Issues

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3.

The Court postponed ruling on CornerStone’s motion for partial

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summary judgment (“MSJ”) pending further briefing on the issue of Larry James’

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standing to pursue claims in this action as a result of the pending bankruptcy

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proceedings. (Docket # 224.)

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4.

On November 19, 2013, the Court granted a request to extend the

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deadline to file supplemental briefs to January 20, 2014. (Docket # 242.) The

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Court indicated in its ruling that the parties could request a further extension of time

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to file supplemental briefs “[t]o the extent there is no resolution on ownership of

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James’ counterclaims in the bankruptcy proceedings by that time.” (Id.)

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5.

On December 11, 2013, the Bankruptcy Court approved the

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bankruptcy trustee’s request to sell Mr. James’ bankruptcy estate by auction “as is”

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in a quitclaim sale. The auction is to take place within the next 30 days. A

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tentative auction date is set for January 13, 2014. Once the auction takes place

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there will be additional proceedings leading to the Bankruptcy Court’s approval of
-2STIPULATION TO CONTINUE TRIAL & EXTEND DISCOVERY DEADLINES; [PROPOSED] ORDER THEREON

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the sale, a process that is expected to take no less than 14 days. The Bankruptcy

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Court has deferred to Judge Seeborg any decision regarding the scope of the “as is”

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sale or its impact on this case, if any.

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MSJ & Settlement Issues

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6.

The issue of Mr. James’ pre-petition interest in his counterclaims is

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causing the delay of the Court’s ruling on the MSJ. Without a ruling on the MSJ,

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the parties are unclear as to what rights Mr. James may have with respect to his

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counterclaims, if any. The parties cannot adequately prepare for trial without

A LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
ONE CALIFORNIA PLAZA, 37TH FLOOR
300 SOUTH GRAND AVENUE
LOS ANGELES, CALIFORNIA 90071-3147

HILL, FARRER & BURRILL LLP

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resolving this fundamental issue. The supplemental briefs are currently due

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January 20, 2014. Another hearing may be necessary, which is likely to occur near

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or after the current trial date of February 10, 2014. Based on that schedule there

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will be inadequate time for counsel to adjust their trial preparation. The Court has

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already acknowledged that this will be a complex and difficult case to try.

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Preparing for a trial with an uncertain scope will compound that concern and is

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likely to result in an inefficient use of time and resources.

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7.

The unresolved MSJ has prevented meaningful settlement discussions.

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On December 3, 2013, a telephone conference was held with Judge Vadas to

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discuss scheduling a second settlement conference. Judge Vadas agreed that

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settlement discussions will be far more productive after the MSJ is resolved. Judge

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Vadas agreed to conduct a second settlement conference on the condition the

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parties obtain leave to continue the date for settlement conference completion. We

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are informed and believe that the current settlement conference completion date is

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December 23, 2013.

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8.

The parties suggest holding a status conference with the Court either

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telephonically or in person in conjunction with the settlement conference

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completion date so that the parties can report on progress and address any other

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scheduling issues that may arise.
-3STIPULATION TO CONTINUE TRIAL & EXTEND DISCOVERY DEADLINES; [PROPOSED] ORDER THEREON

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Discovery Issues

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In addition to the primary concerns stated above, the parties are

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diligently striving to complete all remaining discovery in this matter. Some

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discovery issues remain, including the completion of some fact depositions and

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expert discovery, disputes regarding document production, disputes regarding third-

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party subpoenas, the availability of witnesses, and other issues. The resolution of

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these issues is not expect to be completed before late-January of 2014.

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A LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
ONE CALIFORNIA PLAZA, 37TH FLOOR
300 SOUTH GRAND AVENUE
LOS ANGELES, CALIFORNIA 90071-3147

HILL, FARRER & BURRILL LLP

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Conclusion

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10.

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For the foregoing reasons the parties agree to the following extensions

of time:

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Event

Current Date

Proposed New Date

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Discovery Motion Cut-Off

December 20, 2013

March 3, 2014

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Fact Deposition Cut-Off

December 20, 2014

January 24, 2014 (only as

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to the depositions of

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Mary Anderson, Larry

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James, Luke Goetz,

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Andre Douzdjian, Nora

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Schild, and Daryl

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Dittmer)

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Settlement Conference

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Completion and Telephonic

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Status Conference

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Deadline to File

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Supplemental Briefs Re:

December 23, 2013

March 27, 2014

January 20, 2013

February 17, 2014

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-4STIPULATION TO CONTINUE TRIAL & EXTEND DISCOVERY DEADLINES; [PROPOSED] ORDER THEREON

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CornerStone MSJ
Expert Discovery Cut-Off

January 20, 2014

March 28, 2014

Deadline to File Joint Pre-

January 23, 2014

May 1, 2014

January 30, 2014

May 8, 2014 (or as soon

Trial Statement
Final Pre-Trial Conference

thereafter as the Court’s

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schedule allows)
Trial

February 10, 2014

thereafter as the Court’s

A LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
ONE CALIFORNIA PLAZA, 37TH FLOOR
300 SOUTH GRAND AVENUE
LOS ANGELES, CALIFORNIA 90071-3147

HILL, FARRER & BURRILL LLP

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schedule allows)

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IT IS SO STIPULATED.
HILL, FARRER & BURRILL LLP

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Dated: ___________

Signed: ____________________________
CLAYTON HIX
Attorneys for CORNERSTONE
STAFFING SOLUTIONS, INC. and
Counter-Defendant MARY
ANDERSON

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MARRON LAWYERS

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May 19, 2014 (or as soon

Dated: ___________

Signed: ____________________________
PAUL ARENAS
Attorneys for LARRY JAMES;
DAVID R. BATTON; BATTON
TECHNICAL ENGINEERING
CONSULTANTS, INC.; BATTON,
INC.; HANBON -- CARO I, LLC;
HANBON -- MI I, LLC; HANBON
MI II, INC.; HANBON -MARLETTE, LLC; HANBON -- PA
I, LLC; TEC GROUP, INC.;
DEPLOY HR, INC.; DEPLOYHR,
INC.

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STIPULATION TO CONTINUE TRIAL & EXTEND DISCOVERY DEADLINES; [PROPOSED] ORDER THEREON

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WOODS LAW GROUP

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Signed: _____________________________
BRINY WOODS
Attorneys for MICHAEL SANTOS
and HANBON – CT I, LLC

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BURKHARDT & LARSON

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Dated: ___________

Dated: ___________

Signed: _____________________________
PHILIP BURKHARDT
Attorneys for MARCOS BARRERA

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WOOD, SMITH, HENNING & BERMAN,
LLP

A LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
ONE CALIFORNIA PLAZA, 37TH FLOOR
300 SOUTH GRAND AVENUE
LOS ANGELES, CALIFORNIA 90071-3147

HILL, FARRER & BURRILL LLP

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Signed: _____________________________
SEYMOUR B. EVERETT
Attorneys for MARCOS BARRERA

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CARLSON & MESSER LLP

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Dated: ___________

Dated: ___________

Signed: _____________________________
CHARLES R. MESSER
Attorneys for LARRY JAMES;
DAVID R. BATTON; BATTON
TECHNICAL ENGINEERING
CONSULTANTS, INC.; HANBON
MI II, INC.; TEC GROUP, INC.;
DEPLOY HR, INC.; DEPLOYHR,
INC.

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ERICKSEN ARBUTHNOT

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Dated: ___________

Signed: _____________________________
MARK KEIFER
Attorneys for ANDRE DOUZDJIAN

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STIPULATION TO CONTINUE TRIAL & EXTEND DISCOVERY DEADLINES; [PROPOSED] ORDER THEREON

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[PROPOSED] ORDER
Pursuant to the foregoing stipulation of the Parties and good cause appearing
therefore, the Court orders as follows:

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A LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
ONE CALIFORNIA PLAZA, 37TH FLOOR
300 SOUTH GRAND AVENUE
LOS ANGELES, CALIFORNIA 90071-3147

HILL, FARRER & BURRILL LLP

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Event

Previous Date

New Date

Discovery Motion Cut-Off

December 20, 2013

March 3, 2014

Fact Deposition Cut-Off

December 20, 2014

January 24, 2014 (only as

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to the depositions of

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Mary Anderson, Larry

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James, Luke Goetz,

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Andre Douzdjian, Nora

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Schild, and Darrel

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Dittmer)

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Settlement Conference

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Completion Date and

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Telephonic Status

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Conference

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Deadline to File

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Supplemental Briefs Re:

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CornerStone MSJ

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December 23, 2013

March 27, 2014

January 20, 2013

February 17, 2014

Expert Discovery Cut-Off

January 20, 2014

March 28, 2014

Final Pre-Trial Conference

January 30, 2014

May 15, 2014

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Courtroom 3

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1:30 p.m.

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-7STIPULATION TO CONTINUE TRIAL & EXTEND DISCOVERY DEADLINES; [PROPOSED] ORDER THEREON

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Trial

February 10, 2014

May 27, 2014
Courtroom 3

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9:00 a.m.

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IT IS SO ORDERED.
Date: 12/19/13

____________________________
HON. RICHARD SEEBORG
US DISTRICT COURT JUDGE

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A LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
ONE CALIFORNIA PLAZA, 37TH FLOOR
300 SOUTH GRAND AVENUE
LOS ANGELES, CALIFORNIA 90071-3147

HILL, FARRER & BURRILL LLP

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HFB 1370024.1 C7662017

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-8STIPULATION TO CONTINUE TRIAL & EXTEND DISCOVERY DEADLINES; [PROPOSED] ORDER THEREON