Board of Trustees of the Ken Lusby Clerks etc vs Piedmont Lumber et al

Filing 90

Order by Hon. Vince Chhabria granting 89 Motion to Continue Trial Deadlines.(knm, COURT STAFF) (Filed on 10/21/2014)

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1 Counsel of Record on Following Page 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 11 BOARD OF TRUSTEES OF THE KEN LUSBY CLERKS & LUMBER HANDLERS PENSION FUND, 12 Plaintiff, 13 14 15 16 v. PIEDMONT LUMBER & MILL COMPANY; WILLIAM C. MYER, JR., an individual; WENDY M. OLIVER, an individual; WENDY M. OLIVER, as Trustee to the Oliver Family Trust; and DOES 1-20, 17 Defendant. 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION; Case No. 3:13-cv-03898-VC #1461622 Case No. 3:13-cv-03898-VC JOINT STIPULATED REQUEST AND [PROPOSED] ORDER TO CONTINUE TRIAL DATE AND PRE-TRIAL DEADLINES Second Amended Complaint Filed: 5/16/14 Judge: Hon. Vince Chhabria 1 2 3 4 5 6 7 8 9 10 RICHARD N. HILL, Bar No. 083629 rhill@littler.com SCOTT D. HELSINGER, Bar No. 287178 shelsinger@littler.com LITTLER MENDELSON, P.C. 650 California Street 20th Floor San Francisco, California 94108.2693 Telephone: 415.433.1940 Facsimile: 415.399.8490 Attorneys for Defendant WENDY M. OLIVER, an individual; and WENDY M. OLIVER, as Trustee to the Oliver Family Trust 11 WILLIAM C. MYER, JR. 11772 Moon Shadow Ct. Truckee, CA 96161-2918 12 Pro se litigant 13 Clarissa A. Kang, Bar No. 210660 Sean T. Strauss, SBN 245811 TRUCKER & HUSS A Professional Corporation One Embarcadero Center, 12th Floor San Francisco, CA 94111 Telephone: 415.788.3111 Facsimile: 415.421.2017 14 15 16 17 18 19 Attorneys for Plaintiff BOARD OF TRUSTEES OF THE KEN LUSBY CLERKS & LUMBER HANDLERS PENSION FUND 20 21 22 23 24 25 26 27 28 JOINT STIPULATION; Case No. 3:13-cv-03898-VC #1461622 1 STIPULATION 2 Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Board of Trustees of the Ken Lusby 3 Clerks & Lumber Handlers Pension Fund (“Plaintiff”) and Defendants William C. Myer, Jr. and 4 Wendy M. Oliver, as an individual and as the Trustee to the Oliver Family Trust, (collectively, 5 “Defendants”), by and through their undersigned attorneys of record, make the following stipulated 6 request to extend all pre-trial deadlines by 60 days and to continue the trial date and pre-trial 7 conference as determined by the court for the reasons set forth below: 8 9 WHEREAS, on August 13, 2014, the Court granted the parties’ Stipulation Revising Case Deadlines and set the non-expert discovery cut-off for December 12, 2014; 10 WHEREAS, on October 6, 2014, defendant Piedmont Lumber & Mill Company filed a 11 peition for relief under Chapter 7 of the United States Bankruptcy Code in the Eastern District of 12 California, Case Number 14-29972; 13 14 WHEREAS, on October 6, 2014 defendant Piedmont Lumber & Mill Company filed a Notice of Bankruptcy Stay Pursuant to 11 U.S.C. § 362 in this matter; 15 WHEREAS, Defendants assert that the automatic bankruptcy stay pursuant to 11 U.S.C. 16 § 362 stays this entire case because any attempt by the Board to establish the liability of Myer, 17 Oliver, or the Oliver Family Trust in this matter necessarily requires establishing the liability of 18 Piedmont; 19 WHEREAS, although Plaintiff disagrees with Defendants’ assertion that this entire case is 20 stayed by virtue of Piedmont’s bankruptcy filing, it nonetheless plans to petition the bankruptcy 21 court for relief from the automatic stay; 22 WHEREAS, to provide Plaintiff with the time necessary to obtain relief from stay and 23 complete remaining discovery in this case, the parties agree that all discovery deadlines should be 24 continued for 60 days from the current deadlines; 25 /// 26 /// 27 /// 28 /// JOINT STIPULATION; Case No. 3:13-cv-03898-VC #1461622 1 1 NOW, THEREFORE, IT IS HEREBY STIPULATED BY AND BETWEEN PLAINTIFF AND 2 DEFENDANTS AS FOLLOWS: 3 All deadlines contained in the Joint Stipulated Request and Order to Continue Trial Date 4 and Pre-Trial Deadlines [Dkt. No. 80] that have not yet passed as of the date of this stipulation 5 shall be continued by sixty (60) days. 6 Dated: October 16, 2014 7 /s/ Scott D. Helsinger Richard N. Hill Scott D. Helsinger LITTLER MENDELSON, P.C. 8 WENDY M. OLIVER, an individual; and WENDY M. OLIVER, as Trustee to the Oliver Family Trust 9 10 11 Dated: October 16, 2014 12 /s/ William C. Myer, Jr. WILLIAM C. MYER, JR. 11772 Moon Shadow Ct. Truckee, CA 96161-2918 13 Pro se litigant 14 15 Dated: October 16, 2014 16 17 18 /s/ Sean T. Strauss Clarissa A. Kang Sean T. Strauss TRUCKER HUSS Attorneys for Plaintiff BOARD OF TRUSTEES OF THE KEN LUSBY CLERKS & LUMBER HANDLERS PENSION FUND 19 20 21 I attest that my firm has obtained Littler Mendelson’s and William C. Myer, Jr.’s concurrence in the filing of this document. 22 Dated: October 16, 2014 23 24 /s/ Sean T. Strauss Sean T. Strauss TRUCKER HUSS Attorneys for Plaintiff BOARD OF TRUSTEES OF THE KEN LUSBY CLERKS & LUMBER HANDLERS PENSION FUND 25 26 27 28 JOINT STIPULATION; Case No. 3:13-cv-03898-VC #1461622 2 [PROPOSED] ORDER 1 2 Pursuant to the foregoing Stipulation, and good cause appearing therefor, the Court hereby 3 orders that the Joint Stipulated Request and Order to Continue Trial Date and Pre-Trial Deadlines 4 [Dkt. No. 80], be amended so that the following future deadlines will now apply in this case: 5 6 7 Last date for disclosure of list of issues on which any party will offer expert testimony in its case-in-chief .........................................................................January 14, 2015 8 Non-expert discovery cut-off: ..............................................February 10, 2015 9 Last date for designation of expert testimony and disclosure of full expert reports: ....................................February 10, 2015 10 11 Last date for disclosure of expert reports on the same issue (opposition reports) ......................................February 24, 2015 12 Last date for party with burden of proof to disclose any reply reports rebutting specific material in opposition reports................................................March 3, 2015 13 14 Expert discovery cut-off .......................................................March 31, 2015 15 7 Last date to file dispositive motions......................................May 8, 2015 16 Final pre-trial conference ......................................................TBD 17 Bench trial .............................................................................TBD 19 NO 24 RT ER H 25 inc J u d ge V 26 e Chha R NIA 23 br ia FO Date: October 21, 2014 DERED SO OR IT IS ____________________________________ DIFIED HONORABLE MO AS VINCE CHHABRIA A 22 UNIT ED 21 S IT IS SO ORDERED. RT U O 20 S DISTRICT TE C TA LI 18 N F D IS T IC T O R C 27 28 JOINT STIPULATION; Case No. 3:13-cv-03898-VC #1461622 3 1 CERTIFICATE OF SERVICE 2 I, Michael V. Bresso, declare as follows: 3 4 5 I am a citizen of the United States, over the age of eighteen years and not a party to the within action. I am employed in the City and County of San Francisco, California. My business address is One Embarcadero Center, 12th Floor, San Francisco, California 94111. On the date indicated below, I served the within: JOINT STIPULATED REQUEST AND [PROPOSED] ORDER TO CONTINUE TRIAL DATE AND PRE-TRIAL DEADLINES 6 7 8 to the addressee(s) and in the manner indicated below: Mr. William C. Myer 11772 Moon Shadow Ct. Truckee, CA 96161-2918 9 10 11 12  13 BY MAIL: I placed a true copy in a sealed envelope addressed as indicated above, on the abovementioned date. I am familiar with the firm's practice of collection and processing correspondence for mailing. It is deposited with the U.S. Postal Service on that same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 14 15 16 I certify under penalty of perjury that the foregoing is true and correct, that the foregoing document(s) were printed on recycled paper, and that this Certificate of Service was executed by me on October 16, 2014, at San Francisco, California. 17 /s/Michael V. Bresso Michael V. Bresso 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION; Case No. 3:13-cv-03898-VC #1461622 4

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