Corn v. Andrewsen et al

Filing 45

ORDER That the Pretrial Preparation Order (ECF 38) be modified as follows: Designation of experts shall occur on November 1, 2013. Any expert rebuttal is due November 13, 2013. Expert discovery cut-off is December 6, 2013. Signed by Judge Susan Illston on 8/26/13. (tfS, COURT STAFF) (Filed on 8/27/2013)

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Attorneys for Defendant
Sheila C. Peterson

Judge S

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ston
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Austin D. Garner, SBN 184022
SMITH DOLLAR PC
Attorneys at Law
404 Mendocino Avenue, Second Floor
Santa Rosa, California 95401
Telephone: [phone]
Facsimile: [phone]

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U.S. DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA

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JANICE E. CORN,
v.

ERIC P. ANDREWSEN; ARC CAPITAL;
SHEILA C. PETERSON; CARL PETER
FOPPIANO dba ARC CAPITAL and DOES 3100, inclusive,

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Plaintiff,

Defendants.

CASE NO.: C 13-1367
JOINT STIPULATION AND MOTION TO
MODIFY SCHEDULING ORDER
Judge:

Honorable Susan Illston

Complaint Filed: March 27, 2013
Trial Date:

ERIC P. ANDREWSEN,
Cross-claimant,

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v.

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SHEILA C. PETERSON; CARL PETER
FOPPIANO; and ROES 1-100,
inclusive,

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Cross-defendants.

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WHEREAS, plaintiff JANICE CORN and defendants SHEILA PETERSON; ERIC P.

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ANDREWSEN; and CARL PETER FOPPIANO dba ARC CAPITAL are the only parties to this

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proceeding and collectively join in this Stipulation and Motion;
WHEREAS, on July 29, 2013, the Court entered a Pretrial Preparation Order (“Order”)(ECF

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38);
WHEREAS, the Order requires the designation of experts to occur on September 2, 2013;

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JOINT STIPULATION AND MOTION TO MODIFY SCHEDULING ORDER

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WHEREAS, the date for designation of experts is almost two months prior to the non-expert
discovery cut-off of October 25, 2013;

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WHEREAS, the parties have met and conferred and believe that the completion of non-

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expert discovery prior to commencing expert discovery will advance the orderly and efficient

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scheduling of all discovery in this matter;

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WHEREAS, the parties believe that commencing expert discovery prior to the completion

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of non-expert discovery will likely result in increased and unnecessary cost and expense relating to

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expert discovery;

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WHEREAS, based upon the foregoing the parties believe that modifying the Order, as
follows, would advance the orderly conduct of discovery in this matter:

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Designation of Experts on November 1, 2013

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Any Rebuttal on November 13, 2013

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All Expert Discovery to be completed by December 6, 2013;

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WHEREAS, the proposed extension of dates to complete expert discovery will still allow

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for all expert discovery to be completed before the completion of dispositive motion briefing and

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any hearing presently set in the Order;

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WHEREAS, the extension of dates to complete expert discovery will not change any other
scheduling set in the Order;

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WHEREAS the parties have made no prior request for extension or modification of the
Order;

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THE PARTIES, THROUGH THEIR RESPECTIVE COUNSEL OF RECORD,

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STIPULATE, AGREE AND MOVE THE COURT AS FOLLOWS:

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1.

That the Pretrial Preparation Order (ECF 38) be modified as follows:

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Designation of experts shall occur on November 1, 2013

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Any expert rebuttal is due November 13, 2013

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Expert discovery cut-off is December 6, 2013.

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//

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//
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JOINT STIPULATION AND MOTION TO MODIFY SCHEDULING ORDER

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SO STIPULATED AND MOVED.

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Dated: August 23, 2013

/s/ Austin D. Garner
Austin D. Garner
Attorneys for Sheila Peterson

Dated: August 23, 2013

/s/ Robin D. Shofner
Robin D. Shofner
Attorneys for Janice Corn

Dated: August 23, 2013

/s/ Gregory S. Nerland
Gregory S. Nerland
Attorneys for Eric P. Andrewsen

Dated: August 23, 2013

/s/ Rex Grady
Rex Grady
Attorneys for Peter C. Foppiano dba ARC Capital

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JOINT STIPULATION AND MOTION TO MODIFY SCHEDULING ORDER

CERTIFICATE OF SERVICE
The undersigned hereby certifies that on August 23, 2013 a true and accurate copy of the
foregoing JOINT STIPULATION AND MOTION TO MODIFY SCHEDULING ORDER
was filed with the Clerk of Courts using the CF/ECF System, which will send notification of
such filing to the following:
Robin D. Shofner
Ruehmann Law Firm, P.C.
9580 Oak Avenue Parkway, #15
Folsom, CA 95630

Attorney for Plaintiff
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]

Gregory S. Nerland
Akawie & Lapietra
1981 N. Broadway, Suite 320
Walnut Creek, CA 94596

Attorney for Defendant Eric P. Andrewsen
Telephone:
[phone]
Facsimile:
Email: [e-mail]

Rex Grady, Esq.
THE EDGAR LAW FIRM
408 College A venue
Santa Rosa, CA 95401

Attorney for Defendant Peter C. Foppiano dba ARC
Capital
Telephone: [phone]
Fax: [phone]

Alyssa Noone

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