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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Counsel of Record on Following Page

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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BOARD OF TRUSTEES OF THE KEN
LUSBY CLERKS & LUMBER
HANDLERS PENSION FUND,

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Plaintiff,

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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,

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Defendant.
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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

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RICHARD N. HILL, Bar No. 083629
[e-mail]
SCOTT D. HELSINGER, Bar No. 287178
[e-mail]
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

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WILLIAM C. MYER, JR.
11772 Moon Shadow Ct.
Truckee, CA 96161-2918

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Pro se litigant

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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

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Attorneys for Plaintiff
BOARD OF TRUSTEES OF THE KEN LUSBY
CLERKS & LUMBER HANDLERS PENSION
FUND

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JOINT STIPULATION; Case No. 3:13-cv-03898-VC
#1461622

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STIPULATION

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Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Board of Trustees of the Ken Lusby

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Clerks & Lumber Handlers Pension Fund (“Plaintiff”) and Defendants William C. Myer, Jr. and

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Wendy M. Oliver, as an individual and as the Trustee to the Oliver Family Trust, (collectively,

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“Defendants”), by and through their undersigned attorneys of record, make the following stipulated

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request to extend all pre-trial deadlines by 60 days and to continue the trial date and pre-trial

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conference as determined by the court for the reasons set forth below:

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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;

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WHEREAS, on October 6, 2014, defendant Piedmont Lumber & Mill Company filed a

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peition for relief under Chapter 7 of the United States Bankruptcy Code in the Eastern District of

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California, Case Number 14-29972;

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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;

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WHEREAS, Defendants assert that the automatic bankruptcy stay pursuant to 11 U.S.C.

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§ 362 stays this entire case because any attempt by the Board to establish the liability of Myer,

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Oliver, or the Oliver Family Trust in this matter necessarily requires establishing the liability of

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Piedmont;

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WHEREAS, although Plaintiff disagrees with Defendants’ assertion that this entire case is

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stayed by virtue of Piedmont’s bankruptcy filing, it nonetheless plans to petition the bankruptcy

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court for relief from the automatic stay;

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WHEREAS, to provide Plaintiff with the time necessary to obtain relief from stay and

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complete remaining discovery in this case, the parties agree that all discovery deadlines should be

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continued for 60 days from the current deadlines;

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JOINT STIPULATION; Case No. 3:13-cv-03898-VC
#1461622

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NOW, THEREFORE, IT IS HEREBY STIPULATED BY AND BETWEEN PLAINTIFF AND

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DEFENDANTS AS FOLLOWS:

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All deadlines contained in the Joint Stipulated Request and Order to Continue Trial Date

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and Pre-Trial Deadlines [Dkt. No. 80] that have not yet passed as of the date of this stipulation

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shall be continued by sixty (60) days.

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Dated: October 16, 2014

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/s/ Scott D. Helsinger
Richard N. Hill
Scott D. Helsinger
LITTLER MENDELSON, P.C.

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WENDY M. OLIVER, an individual; and
WENDY M. OLIVER, as Trustee to the Oliver
Family Trust

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Dated: October 16, 2014

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/s/ William C. Myer, Jr.
WILLIAM C. MYER, JR.
11772 Moon Shadow Ct.
Truckee, CA 96161-2918

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Pro se litigant
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Dated: October 16, 2014

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/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

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I attest that my firm has obtained Littler Mendelson’s and William C. Myer, Jr.’s
concurrence in the filing of this document.

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Dated: October 16, 2014
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/s/ Sean T. Strauss
Sean T. Strauss
TRUCKER HUSS
Attorneys for Plaintiff
BOARD OF TRUSTEES OF THE KEN LUSBY
CLERKS & LUMBER HANDLERS PENSION
FUND

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JOINT STIPULATION; Case No. 3:13-cv-03898-VC
#1461622

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[PROPOSED] ORDER

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Pursuant to the foregoing Stipulation, and good cause appearing therefor, the Court hereby

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orders that the Joint Stipulated Request and Order to Continue Trial Date and Pre-Trial Deadlines

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[Dkt. No. 80], be amended so that the following future deadlines will now apply in this case:

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Last date for disclosure of list of issues on which
any party will offer expert testimony in its
case-in-chief .........................................................................January 14, 2015

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Non-expert discovery cut-off: ..............................................February 10, 2015

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Last date for designation of expert testimony
and disclosure of full expert reports: ....................................February 10, 2015

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Last date for disclosure of expert reports on
the same issue (opposition reports) ......................................February 24, 2015

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Last date for party with burden of proof to
disclose any reply reports rebutting specific
material in opposition reports................................................March 3, 2015

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Expert discovery cut-off .......................................................March 31, 2015

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Last date to file dispositive motions......................................May 8, 2015

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Final pre-trial conference ......................................................TBD

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Bench trial .............................................................................TBD

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NO

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Date: October 21, 2014

DERED
SO OR
IT IS
____________________________________
DIFIED
HONORABLE MO
AS VINCE CHHABRIA

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UNIT
ED

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IT IS SO ORDERED.

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JOINT STIPULATION; Case No. 3:13-cv-03898-VC
#1461622

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CERTIFICATE OF SERVICE

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I, Michael V. Bresso, declare as follows:
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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

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to the addressee(s) and in the manner indicated below:
Mr. William C. Myer
11772 Moon Shadow Ct.
Truckee, CA 96161-2918

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

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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.

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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.

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/s/Michael V. Bresso
Michael V. Bresso

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JOINT STIPULATION; Case No. 3:13-cv-03898-VC
#1461622

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