Schaeffer et al v. Piccolo Properties, L.P. et al
Filing
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STIPULATION AND ORDER re 270 STIPULATION WITH PROPOSED ORDER to Modify Scheduling Order filed by R.S., Ryan Schaeffer, Anne Schaeffer Final Pretrial Conference set for 8/12/2016 at 2:00 PM in Courtroom 2, 4th Floor, Oakland. Jury Trial set for 8/29/2016 at 8:30 AM in Courtroom 9, 19th Floor, San Francisco before Hon. Jon S. Tigar. Signed by Judge Jon S. Tigar on July 29, 2015. (wsn, COURT STAFF) (Filed on 8/5/2015)
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John R. Till
SEN 178763 JTill@PaladinLaw.com
Kirk M. Tracy SBN 288508 KTracy@PaladinLaw.com
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PALADIN LAW GROUP® LLP
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1176 Boulevard Way
Walnut Creek, CA 94595
Telephone:
(925) 947-5700
Facsimile:
(925) 935-8488
Counsel for PlaintiffS
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVSION
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RYAN SCHAEFFER, an individual; ANNE
SCHAEFFER, an individual; and REESE
SCHAEFFER, a minor by and through her
general guardians Ryan Schaeffer and Anne
Schaeffer,
PlaintiffS,
v.
Case No. 3:13-CV-4358 JST
STIPULATION AND [PROPOSED]
ORDER TO MODIFY SCHEDULING
ORDER
Courtroom 9- 19th Floor
Trial Date: February 29, 2016
GREGORY VILLAGE PARTNERS, L.P., a
California Partnership, et a/.
Defendants.
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Plaintiffs Ryan Schaeffer, Anne Schaeffer,
and Reese Schaeffer (collectively,
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"Plaintiffs"), defendants Gregory Village Partners, L.P. and VPI, Inc. (general partner of Gregory
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Village Partners, L.P.) (collectively, "Gregory Village"), and defendants Joseph Lee, Moon Lim,
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and Jiewon Lim (collectively, "Lee-Lim Defendants") (collectively, "Defendants") submit this
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stipulation and proposed order to modify the Court's current scheduling order and extend the
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current discovery cut-off deadlines in light of the fact that Plaintiffs have reached settlement with
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all non-defaulting defendants in this matter.
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STIPULATION AND PROPOSED ORDER TO MODIFY SCIIEDULING ORDER
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1.
Settlement Statns
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a. Chevron and MBE Settlement and Motion for Good Faith Determination:
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Plaintiffs, Chevron, and MBE fully executed a settlement agreement on June 15, 2015.
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See ECF No. 255, at 14. On July I, 2015, Chevron and MBE filed a Motion for Good Faith
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Settlement Determination, with hearing on the motion set for August 6, 2015. ECF No. 255. The
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deadline for oppositions to that motion was July 15, 2015. No oppositions were filed. If the
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Court grants the motion, Plaintiffs will file a motion to dismiss Chevron and MBE. On July 27,
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2015, the Court vacated the hearing for Chevron's good faith determination motion. The parties
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are awaiting the court's ruling on this motion.
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b. Gregory Village Settlement:
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Plaintiffs and Gregory Village fully executed a settlement agreement as ·of July 24, 2015.
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Gregory Village will file a motion for good faith settlement determination within 15 days of final
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execution of the agreement. The settlement agreement is contingent upon the court granting that
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motion and on granting a minor's compromise to be filed by Plaintiffs after the Court's
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determination of good faith.
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c. Lee-Lim Settlement:
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Plaintiffs and Lee-Lim Defendants fully executed a settlement agreement on July 21,
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2015. See Notice of Settlement, ECF No. 265. Lee-Lim Defendants intend to file a motion for
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good faith settlement determination within 20 days. The settlement agreement is contingent upon
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the court granting that motion.
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d. Discoverv:
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Plaintiffs, Gregory Village, and Lee-Lim Defendants have worked with the Honorable
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Wayne D. Brazil (Ret.), the Special Master assigned for discovery disputes in this matter, see
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ECF No. 243. Given that Plaintiffs have now settled with the Gregory Village and Lee-Lim
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Defendants, Judge Brazil, based on the existing good cause, has agreed that, and recommends
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that, the parties refrain from further discovery in this matter until further recommendation or
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order by him or by the Court. Plaintiffs, Gregory Village, and Lee-Lim Defendants have agreed
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to take all scheduled depositions off calendar now that settlements agreements have been
-2STIPULATION AND PROPOSED ORDER TO MODIFY SCHEDULING ORDER
Case No. 3:13·CV·4358-JST
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executed and to withdraw all pending written discovery between Plaintiffs, Gregory Village, and
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Lee-Lim Defendants pending orders related to good faith and minor's compromise motions.
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Plaintiffs, Gregory Village, and Lee-Lim Defendants further agree that all expert discovery dates
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will be modified by at least 30 days pending the Court's order on this stipulation and propose d
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order modifying currently set case deadlines.
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e. Case Deadlines:
The current case deadlines, as set by the Comt's Januruy 20, 2015 order, ECF No. 137, are
as follows:
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Event
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Deadline
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Fact Discovery Cut-off
August 14, 2015
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Expert Disclosures
August 28, 2015
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Expert Rebuttal
September 30, 2015
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Expert Discovery Cut-off
October 30, 2015
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Deadline to File Dispositive Motions
November 20, 2015
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Pretrial Conference Statement
February 2, 2016
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Pretrial Conference
February 12, 2016 at 2:00p.m.
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Jury Trial
February 29,2016 at 8:30a.m.
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Plaintiffs have settled with all active defendants, yet each settlement is contingent upon
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the Court's approval of a motion good faith settlement detennination. Plaintiffs will also file an
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application for approval of minor's compromise after the motions for good faith settlement
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determination have been granted for Gregory Village, and a motion for approval of minor' s
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compromise related to the Lee-Lim Defendants settlement is also intended after a good faith
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settlement determination has been made as to that settlement. In an effort to avoid unnecess ary
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expenditure of attorney fees and costs, Plaintiffs, Gregory Village, and Lee-Lim Defendants have
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agreed to take all depositions off calendar, withdraw all pending written discovery, and to refrai n
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from asking the Special Master to rule on any pending discovery disputes. However, the fac t
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discovery cut-off date is August 14, 2015, which will pass before the Court issues a ruling on the
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Case No. 3:13.CV-4358·JS T
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various motions for good faith settlement determination and Plaintiffs' anticipated application for
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approval of minor's compromise. Judge Brazil supports this modification regarding discovery
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and expert disclosure deadlines pending further order of the Court and believes the parties
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requested modifications are in the interest of justice and necessary for preservation of parties'
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resources and judicial economy. If the Court denies the requested extension of case deadlines, the
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parties will work with the Special Master on the discovery deadlines and expert deadlines.
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Accordingly, the parties stipulate as follows:
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STIPULATION AND [PROPOSED] ORDER
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WHEREAS Plaintiffs Ryan Schaeffer, Anne Schaeffer, and Reese Schaeffer ("Plaintiffs")
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on the one hand and defendants Chevron U.S.A. Inc., M.B. Enterprises, Inc., Massoud Ebrahhni
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Bhagdeep Dhaliwal, Gregory Village Partners, L.P., VPI, Inc., Joseph J. Lee, MoonS. Lim, and
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Jiewon Lim ("Defendants"), which are all of the active non-defaulting parties, have executed
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separate settlement agreements in this matter.
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WHEREAS Plaintiffs and Defendants hereby request that the deadlines currently set in
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the Court's Scheduling Order (ECF No. 137) be extended by six (6) months, or such other
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extension as the Court deems reasonable and sufficient, in order to allow Plaintiffs and
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Defendants to file, have heard, and have ruled upon motions for good faith settlement
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determination1 and an application for approval of minor's compromise.
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NOW, THEREFORE, Plaintiffs and Defendants stipulate to and request the following
modified litigation deadlines:
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Event
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Deadline
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Stay on Deposition Discovery Lifted
February 24, 2014
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Fact Discovery Cut-off
February 19,2016
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One motion is currently pending, see ECF No. 255. A second motion will be filed in regards to
the settlement between Plaintiffs and Gregory Village Partners, L.P. and VPI, Inc. A third motion
will be filed regarding the settlement with Joseph J. Lee, MoonS. Lim, and Jiewon Lim.
-4STIPULATION AND PROPOSED ORDER TO MODIFY SCHEDULING ORDER
Case No. 3:13-CV-4358-JST
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Designation of Experts
March 4, 2016
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Designation of Rebuttal Experts
March 30, 2016
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Expert Discovery Cut-off
Apri129, 2016
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Last Day for Filing Dispositive Motions
May20, 2016
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Pretrial Statement
August 2, 2016
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Pretrial Conference
August 12, 2016 at 2:00p.m.
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Jury Trial
August 29, 2016 at 8:30 a.m.
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FURTHER, in the event the Court does not agree with and order this proposed
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modification of deadlines, the parties request a telephonic conference with the Court at its earliest
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convenience in order to address the above case management issues and deadlines.
IT IS SO STIPULATED.
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Date: July 27,2015
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Date: July 27, 2015
/s/
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Jeffery CUrtiS~, Esq.
Counsel for Gregory Village Properties, LP, and VPI, Inc.
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STANZLER LAW GROUP
Date: July27, 2015
THECR~~GROUP
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Alan Johnston; Esq.
Counsel fot Joseph J. Lee, Moon Lim, and
JiewonLim
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The Special Master, The Hon. Wayne D. Brazil (Ret.), endorses the stipulation of the
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·parties.
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Date: July 27, 2015
ThM!on. Wayne D. Brazil (Ret.)
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Case No. 3:13-CV-4358-JST
DISTR
ICT
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PURSUANT TO STIPULATION AND GOOD CAUSE SHOWN, IT IS SO ORDERED that
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this Court amends the existing deadlines set forth in ECF No. 137 in this matter to incorporate the
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parties' modified case deadlines dates proposed above.
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C
LI
ER
FO
Ti ga r
n S.
udJon S. Tigar
JU.S.ge Jo Judge
District
(Case No. 3: 13-cv-4358 JST)
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IT IS S
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July 29, 2015
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Case No. 3:!3-CV43lB·lST
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