Service Employees International Union National Industry Pension Fund et al v. Employee Equity Administration, Inc., et al

Filing 61

STIPULATION AND ORDER re 60 STIPULATION WITH PROPOSED ORDER Stipulation and [Proposed] Order to Extend Non-Expert Discovery Completion Date filed by Larry T. Smith, David Stilwell, Edward J. Manko, Kevin J. Doyle, Frank A. Maxson, Stephen Abrecht, Myriam Escamilla, Rod Bashir, Steven W. Ford, Service Employees International Union National Industry Pension Fund, John J. Sheridan. Signed by Judge Jon S. Tigar on February 14, 2014. (wsn, COURT STAFF) (Filed on 2/14/2014)

1 PHILIP M. MILLER (SBN 87877)
KIMBERLY A. HANCOCK (SBN 205567)
2 ANNE M. BEVINGTON (SBN 111320)
SALTZMAN & JOHNSON LAW CORPORATION
3 44 Montgomery Street, Suite 2110
San Francisco, CA 94104
4 Telephone: [phone]
Facsimile: [phone]
5 [e-mail]
[e-mail]
6 [e-mail]
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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11 SERVICE EMPLOYEES INTERNATIONAL
UNION NATIONAL INDUSTRY PENSION
12 FUND; STEPHEN ABRECHT, Trustee, ROD
BASHIR, Trustee; KEVIN J. DOYLE, Trustee;
13 MYRIAM ESCAMILLA, Trustee; STEVEN W.
FORD, Trustee; EDWARD J. MANKO,
14 Trustee; FRANK A. MAXSON, Trustee; JOHN
J SHERIDAN, Trustee; LARRY T. SMITH,
15 Trustee; DAVID STILWELL, Trustee,
Plaintiff,

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vs.

18 EMPLOYEE EQUITY ADMINISTRATION,
INC., a California corporation, d/b/a Westline
19 Medical Management, et al.
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Defendants.

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Case No.: CV 12 4494 JST
STIPULATION AND [PROPOSED]
ORDER TO EXTEND NON-EXPERT
DISCOVERY COMPLETION DATE
Trial Date: August 25, 2014

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Pursuant to Civil Local Rule 6-2, all Parties to this action, by and through their counsel of

23 record, hereby stipulate and request the Court to extend the non-expert discovery completion date
24 until March 21, 2014, for the reasons set forth below.
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WHEREAS Plaintiffs’ filed a separate discovery letter brief in the above-captioned case

26 (Dkt. No. 57) and on February 7, 2014, Judge Tigar referred any outstanding discovery disputes to
27 Magistrate Judge Kandis Westmore (Dkt. No. 58).
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-1- STIPULATION AND [PROPOSED] ORDER TO
EXTEND NON-EXPERT DISCOVERY COMPLETION DATE
CASE NO. CV 12-4494 JST

C:\Users\noblew\AppData\Local\Temp\notes1A03DD\2-13-14 Stipulation re Discovery Cutoff All Parties.doc

WHEREAS, on February 11, 2014, Magistrate Judge Westmore issued an Order

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2 Regarding Plaintiffs’ Discovery Letter Brief and ordered the parties to further meet and confer
3 (Dkt. No. 59) on the discovery disputes. Judge Westmore also suggested that the parties consider
4 requesting an extension of the fact discovery deadline in light of the outstanding discovery
5 disputes.
WHEREAS, the parties wish to extend the discovery cut-off date to provide sufficient time

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7 for the parties to meet and confer regarding outstanding discovery disputes and to re-schedule
8 previously noticed depositions;
WHEREAS, the current non-expert discovery cut-off date is February 14, 2014;

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WHEREAS, the discovery cut-off date was previously continued once by Judge Tigar’s

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11 November 6, 2013 Scheduling Order (Dkt. #55) to February 14, 2014;
WHEREAS, this stipulation and proposed order if issued, would affect the deadlines set by

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13 the Court on November 6, 2013 in the Scheduling Order as to the non-expert discovery cut-off
14 date as to the parties;
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IT IS HEREBY STIPULATED AND AGREED by and between the as follows:

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1.

The non-expert discovery cut-off date as to discovery between the parties for the

17 purpose of providing sufficient time for the parties to meet and confer regarding outstanding
18 discovery disputes and to re-schedule previously noticed depositions is extended until March 21,
19 2014.
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2.

The last day for the parties to file a motion to compel fact discovery is extended

21 until March 28, 2014.
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23 SO STIPULATED.
24 Date: February 13, 2014

SALTZMAN & JOHNSON LAW CORPORATION

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By:
/S/
KIMBERLY A. HANCOCK
Attorneys for Plaintiffs

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-2- STIPULATION AND [PROPOSED] ORDER TO
EXTEND NON-EXPERT DISCOVERY COMPLETION DATE
CASE NO. CV 12-4494 JST

C:\Users\noblew\AppData\Local\Temp\notes1A03DD\2-13-14 Stipulation re Discovery Cutoff All Parties.doc

1 Date: February 13, 2014
By:
/S/
SHELLEY R. BUCHANAN, Attorneys for Defendants,
Employee Equity Administration, Inc., et al.

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5 Date: February 13, 2014

JACKSON LEWIS LLP

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By:
/S/
DOUGLAS A. RUBEL
Attorneys for Defendants Sol Healthcare LLC,
Solnus Two, LLC; Solnus Three, LLC;
Solnus Four, LLC; Solnus Eight, LLC; Sol Majer; and
Shlomo Rechnitz

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I, Kimberly A. Hancock, hereby attest, pursuant to N.D. Cal. General Order No. 45, that

11 concurrence to the filing of this document authority has been obtained from each signatory hereto.
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[PROPOSED] ORDER

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14 PURSUANT TO STIPULATION, IT IS SO ORDERED. The Scheduling Order is hereby
15 modified as follows:
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1.

The non-expert discovery cut-off date as to discovery between the parties for the

17 purpose of providing sufficient time for the parties to meet and confer regarding outstanding
18 discovery disputes and to re-schedule previously noticed depositions is extended until March 21,
19 2014.
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2.

The last day for the parties to file a motion to compel fact discovery is extended

21 until March 28, 2014.
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23 Dated: February 14, 2014
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__________________________________
HONORABLE JON S. TIGAR
UNITED STATES DISTRICT JUDGE

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-3- STIPULATION AND [PROPOSED] ORDER TO
EXTEND NON-EXPERT DISCOVERY COMPLETION DATE
CASE NO. CV 12-4494 JST

C:\Users\noblew\AppData\Local\Temp\notes1A03DD\2-13-14 Stipulation re Discovery Cutoff All Parties.doc