Cuevas et al v. Joint Benefit Trust et al

Filing 40

STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES re 37 STIPULATION WITH PROPOSED ORDER filed by Teamsters Local Union No. 948. Fact Discovery due by 10/15/2013. Expert Disclosures due by 12/3/2013. Expert Rebuttal due by 12/31/2013. Expert Discovery due by 1/24/2014. Signed by Judge Jon S. Tigar on August 12, 2013. (wsn, COURT STAFF) (Filed on 8/12/2013)

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DAVID A. ROSENFELD, Bar No. 058163
ANNE I. YEN, Bar No. 187291
WEINBERG, ROGER & ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
Telephone [phone]
Fax [phone]
E-Mail: [e-mail]
[e-mail]

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Attorneys for Defendant, Teamsters Local Union No. 948
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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RICHARD CUEVAS, DANIEL ABRIL, JOHN
HAILSTONE, AL T. OLIVER, CHARLES K.
WILLIAMS, SHARON MOSLEY,

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No. C 13 0045-JST
STIPULATION AND [PROPOSED]
ORDER TO EXTEND DISCOVERY
DEADLINES

Plaintiffs,
v.
JOINT BENEFIT TRUST AND TEAMSTERS
LOCAL UNION NO. 948,
Defendants.

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Whereas, on April 10, 2013, the Court entered an Order (Document 20) setting fact

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discovery cutoff on August 16, 2013, expert disclosures on October 4, expert rebuttal disclosures

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on November 1, and expert discovery cutoff on November 22;

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Whereas, the deadline to file dispositive motions is not until January 24, 2014, and trial is

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scheduled on April 28, 2014, allowing sufficient time that a 60-day extension of the discovery

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deadlines would not require a change in the trial date;

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Whereas, on June 25, 2013, Defendant Teamsters Local 948 filed a motion to disqualify

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Plaintiffs’ counsel, on the grounds that Plaintiffs’ counsel formerly represented Defendant and

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Defendant contends that Plaintiffs’ counsel has a conflict, and that motion is scheduled to be

WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

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STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY DEADLINES
Case No. C-13-0045-JST

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heard on August 29, 2013;
Whereas, Plaintiffs seek to take the depositions of officers and employees of Defendant,

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and Defendant objects to submitting to examination by Plaintiffs’ counsel while the motion to

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disqualify him is pending;

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Now, therefore, the parties hereby stipulate as follows:

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The depositions of Defendant’s Secretary-Treasurer Adam Ochoa and Defendant’s

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business agent Luis Diaz, noticed for August 2, are cancelled;

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To allow time for the parties to complete discovery after the Court decides the motion to

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disqualify, which is scheduled to be heard on August 29, the parties jointly request an extension

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of the discovery deadlines by 60 days, which will reschedule the deadlines as follows:

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Fact discovery cutoff: October 15, 2013;

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Expert disclosures: December 3, 2013;

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Expert rebuttal disclosures: December 31, 2013;

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Expert discovery cutoff: January 21, 2014.

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Respectfully submitted.

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Dated: August 1, 2013

WEINBERG, ROGER & ROSENFELD
A Professional Corporation

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By:

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/s/ Anne I. Yen
DAVID A. ROSENFELD
ANNE I. YEN
Attorneys for Defendant,
TEAMSTERS LOCAL UNION NO. 948

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Dated: August 1, 2013

LAW OFFICE OF KENNETH C. ABSALOM

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By:

/s/ Kenneth C. Absalom
KENNETH C. ABSALOM
Attorneys for Plaintiffs

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

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STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY DEADLINES
Case No. C-13-0045-JST

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Dated July 31, 2013

BEESON, TAYER & BODINE

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/s/ Dalisai S. Nisperos
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TEAGUE P. PATERSON
DALISAI S. NISPEROS
Attorneys for Defendant Joint Benefit Trust

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[PROPOSED] ORDER

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The Court having considered the above Stipulation of the parties, and good cause

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appearing, the discovery deadlines in the above-captioned matter are hereby extended as follows:

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Fact discovery cutoff: October 15, 2013;

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Expert disclosures: December 3, 2013;

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Expert rebuttal disclosures: December 31, 2013;

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Expert discovery cutoff: January 21, 2014.

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IT IS SO ORDERED.

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Dated: August 12, 2013
______________________________________
UNITED STATES DISTRICT COURT
JUDGE JON S. TIGAR

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133502/727825

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

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STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY DEADLINES
Case No. C-13-0045-JST