AMEC Environment & Infrastructure, Inc. v. Integral Consulting, Inc. et al

Filing 208

STIPULATION AND ORDER to Continue Trial Date and Deadlines. Discovery due by 5/29/2015. Jury Selection/Jury Trial set for 8/17/2015 09:30 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Motion Hearing set for 6/26/2015 1 0:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Pretrial Conference set for 8/14/2015 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Signed by Judge Samuel Conti on 01/09/2015. (tmiS, COURT STAFF) (Filed on 1/9/2015)

Case3:12-cv-01735-SC Document207 Filed12/23/14 Page1 of 4

1 Matthew F. Miller, Bar No. 172661
[e-mail]
2 Robert J. Nolan, Bar No. 235738
[e-mail]
3 Wallace E. Smith, Bar No. 112091
[e-mail]
4 CARROLL, BURDICK & McDONOUGH LLP
Attorneys at Law
5 44 Montgomery Street, Suite 400
San Francisco, California 94104
6 Telephone:
415.989.5900
Facsimile:
415.989.0932
7
Attorneys for Plaintiff AMEC Environment &
8 Infrastructure, Inc.
9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11

SAN FRANCISCO DIVISION

12 AMEC ENVIRONMENT &
INFRASTRUCTURE, INC.,
13
Plaintiff,
14
v.
15
INTEGRAL CONSULTING, INC.,
16 EDWARD P. CONTI, an individual,
MATTHEW HILLYARD, an individual, and
17 DAVID AVERILL, an individual,
18

Case No. CV 12-01735 SC (NC)
STIPULATION AND ORDER TO
CONTINUE TRIAL DATE
IT IS SO ORDERED AS MODIFIED

Defendants.

19
20

WHEREAS, on October 9, 2014, this Court entered an Order granting AMEC’s Motion for

21 Integral to run AMEC search terms and ordered Integral to produce said documents on November
22 12, 2014 (Dkt. 162) (“October 9 Order”);
23

WHEREAS, on October 23, 2014, Integral filed a Motion for Relief from Nondispositive

24 Pretrial Order objecting in part to the collection, processing, and production of eleven (11)
25 additional custodians and the application of certain search parameters and date restrictions, as
26 ordered by the Court;
27

WHEREAS, on November 19, 2014, the Court issued an Order denying Integral’s Motion

28 for Relief from Nondispositive Pretrial Order (“Order”) in which it noted, “Because the Court did
CARROLL, BURDICK &
MCDONOUGH LLP
ATTORNEYS AT LAW

SAN FRANCISCO

4827-5608-0673.1CBM-SF\SF646054-1

Case No. CV 12-01735 SC (NC)
STIPULATION AND ORDER TO CONTINUE TRIAL DATE

Case3:12-cv-01735-SC Document207 Filed12/23/14 Page2 of 4

1 not issue an order denying the motion or setting a briefing schedule, the motion should have been
2 deemed denied as of November 6, 2014” (Order 4:14-15);
3

WHEREAS, Integral represents that it is working diligently to collect and process the

4 documents from eleven (11) additional custodians located across the United States and intends to
5 produce documents pursuant to the October 9 Order in January 2015;
6

WHEREAS, on December 3, 2014, the Court granted an Order permitting Plaintiff AMEC

7 Environment & Infrastructure, Inc. (“Plaintiff”) to file a First Amended Complaint (“FAC”) to add
8 David Averill as an individual defendant;
9

WHEREAS, on December 4, 2014, Plaintiff filed a FAC and the response of the newly

10 added defendant David Averill, whose response is not yet due;
11

WHEREAS, AMEC contends it needs to be able to review documents that are to be

12 produced by Integral so that AMEC may effectively prepare for depositions of AMEC and Integral
13 personnel;
14

WHEREAS, on December 9, 2014 AMEC objected to Integral’s Notice of 30(b)(6)

15 Deposition of AMEC, which Integral had noticed for December 22, 2014;
16

WHEREAS, on December 15, 2014, the parties cooperated with one another and agreed to

17 reschedule the 30(b)(6) depositions of AMEC to a new date and to attempt to coordinate mutually
18 available dates for counsel and witnesses as to certain topics while other topics remain under
19 discussion;
20

WHEREAS, at the hearing of Defendant Conti’s Motion to Compel Further Responses to

21 Interrogatories, on December 22, 2014, Magistrate Judge Nathanael Cousins ordered AMEC to
22 provide supplemental responses to Interrogatories 8, 9 and 10 by January 23, 2014, the current
23 date for the close of discovery;
24

WHEREAS, at the December 22 hearing, Judge Cousins noted that the supplemental

25 responses were due on January 23 because he could not alter deadlines set by Judge Conti, but he
26 would consider an extension of the deadline for AMEC to provide supplemental responses if the
27 trial and discovery deadline were continued;
28
CARROLL, BURDICK &
MCDONOUGH LLP
ATTORNEYS AT LAW

SAN FRANCISCO

4827-5608-0673.1CBM-SF\SF646054-1

Case No. CV 12-01735 SC (NC)
-2STIPULATION AND ORDER TO CONTINUE TRIAL DATE

Case3:12-cv-01735-SC Document207 Filed12/23/14 Page3 of 4

1

WHEREAS, the parties, in consultation with each other, have agreed to continue the trial

2 date, provided the Court is in agreement and to have all pre-trial dates, including the dates for
3 completion of discovery, the taking of depositions, expert disclosures, and the hearing of
4 dispositive motions continued for the same duration as the trial date is continued;
5

WHEREAS, the parties have agreed to a continuance of the trial date to July 6, 2015;

6

WHEREAS, the parties have previously requested, and the Court granted a continuance of

7 the initial trial date of February 9, 2015 and all pre-trial deadlines in this case because of the
8 unavailability of plaintiff’s damages expert;
9

NOW THEREFORE, IT IS HEREBY STIPULATED by and between the parties hereto

10 through their respective attorneys of record as follows:
11

The parties stipulate to continue the trial date and have the trial of this matter commence

12 July 6, 2015;
13

The parties further stipulate to have all pre-trial dates, including the dates for filing and

14 hearing of dispositive motions, discovery, depositions, and expert disclosures to dates set by the
15 Court in accordance with the new trial date.
16

IT IS SO STIPULATED.

17 Dated: December 23, 2014

CARROLL, BURDICK & McDONOUGH LLP

18

By

19
20

/s/ Wallace E. Smith
Wallace E. Smith
Attorneys for Plaintiff AMEC Environment &
Infrastructure, Inc.

21 Dated: December 23, 2014

LEWIS, BRISBOIS, BISGAARD & SMITH LLP

22

By

23

/s/ Leo A. Bautista
Leo A. Bautista
Attorneys for Defendant Integral Consulting, Inc.

24
25
26
27
28
CARROLL, BURDICK &
MCDONOUGH LLP
ATTORNEYS AT LAW

SAN FRANCISCO

4827-5608-0673.1CBM-SF\SF646054-1

Case No. CV 12-01735 SC (NC)
-3STIPULATION AND ORDER TO CONTINUE TRIAL DATE

Case3:12-cv-01735-SC Document207 Filed12/23/14 Page4 of 4

1 Dated: December 23, 2014

BURNHAM BROWN

2

By

3
4

/s/ Brendan Brownfield
Brendan Brownfield
Attorneys for Defendants Edward P. Conti and
Matthew Hillyard

5
6
7

ORDER
PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that trial in this matter is

8 hereby continued from April 27, 2015 to August 17, 2015 All discovery shall be completed and
_____________.
9 all depositions taken by ____________. The hearing date for dispositive motions, to be noticed in
May 29, 2015
10 accordance with Civil Local Rule 7-2 is ______________. A pre-trial conference shall be held
June 26, 2015
11 before the Court on ___________.
August 14, 2015.

16

DERED
SO OR ED
IT IS
DIFI
HONORABLE O
AS M SAMUEL CONTI

R NIA

15

S DISTRICT
TE
C
TA

RT
U
O

13 DATED: December ___, 2014
January 9, 2015
14

S

IT IS SO ORDERED.

UNIT
ED

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H

ER

LI

RT

FO

NO

UNITED STATES DISTRICT JUDGE
onti
amuel C
Judge S

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20

A

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N

F
D IS T IC T O
R

C

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CARROLL, BURDICK &
MCDONOUGH LLP
ATTORNEYS AT LAW

SAN FRANCISCO

4827-5608-0673.1CBM-SF\SF646054-1

Case No. CV 12-01735 SC (NC)
-4STIPULATION AND ORDER TO CONTINUE TRIAL DATE