Pick-n-Pull Auto Dismantlers v. Alco Iron & Metal Co. et al

Filing 31

Order by Hon. Vince Chhabria granting 30 Stipulation to Enlarge Time for Discovery Conference and Initial Disclosures, Initial Case Management Conference, and Briefing Schedule for Motions to Dismiss.(knm, COURT STAFF) (Filed on 10/20/2014)

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COBLENTZ PATCH DUFFY & BASS LLP One Ferry Building, Suite 200, San Francisco, California 94111-4213 415.391.4800 • Fax 415.989.1663 1 JONATHAN R. BASS (State Bar No. 75779) CHARMAINE G. YU (State Bar No. 220579) 2 ALICE WANG (State Bar No. 289631) COBLENTZ PATCH DUFFY & BASS LLP 3 One Ferry Building, Suite 200 San Francisco, California 94111-4213 4 Telephone: 415.391.4800 Facsimile: 415.989.1663 5 Email: ef-jrb@cpdb.com, ef-cgy@cpdb.com 6 Attorneys for ALCO IRON & METAL CO. 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 PICK-N-PULL AUTO DISMANTLERS, a 12 California general partnership, , 13 Plaintiff, 14 v. 15 ALCO IRON & METAL CO., a California 16 corporation; CESAR ZAMORA, an individual; RICARDO ZAMORA, an 17 individual; EMILIO ZAMORA, an individual; and DOES 1-25, 18 Defendants. 19 Case No. 3:14-CV-03275 VC STIPULATION AND [PROPOSED] ORDER ENLARGING TIME FOR DISCOVERY CONFERENCE AND INITIAL DISCLOSURES, INITIAL CASE MANAGEMENT CONFERENCE PURSUANT TO LOCAL RULE 6-2, AND BRIEFING SCHEDULE FOR MOTIONS TO DISMISS THE COMPLAINT Judge: Hon. Vince Chhabria Trial Date: None Set 20 21 22 23 24 25 26 27 28 15729.001 2965494v1 1 STIPULATION AND [PROPOSED] ORDER ENLARGING TIME 3:14-CV-03275 VC WHEREAS Plaintiff Pick-N-Pull Auto Dismantlers ("Plaintiff") and Defendants Alco Iron 1 2 & Metal Co., Cesar Zamora, Ricardo Zamora, and Emilio Zamora (together, "Defendants," and 3 collectively with Plaintiff, the "Parties") have stipulated to three prior extensions of time, whereby 4 each of the following deadlines was extended: (1) Defendants' time to answer or otherwise COBLENTZ PATCH DUFFY & BASS LLP One Ferry Building, Suite 200, San Francisco, California 94111-4213 415.391.4800 • Fax 415.989.1663 5 respond to the Complaint [Dkt. 14]; (2) the deadlines for the Federal Rule of Civil Procedure 26 6 discovery conference and initial disclosures, and the initial case management conference (the 7 "Rule 26 Deadlines") [Dkt. 27]; and (3) the briefing schedule for Defendants' pending Motions to 8 Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) ("Motions to Dismiss") [Dkt. 29]; WHEREAS the Parties participated in a mediation on October 7, 2014; 9 10 WHEREAS the Parties have reached a negotiated resolution of this dispute; 11 WHEREAS the Parties are in the process of documenting that resolution; 12 WHEREAS the Parties contemplate that this case will be dismissed shortly after the 13 execution of a final settlement agreement; WHEREAS, in light of the anticipated dismissal of this case, Plaintiff and Defendants 14 15 desire to extend the Rule 26 Deadlines and the briefing schedule for the Motions to Dismiss; IT IS HEREBY STIPULATED and agreed to, by and among the undersigned, on behalf of 16 17 their respective clients, to enlarge the time regarding the Rule 26 Deadlines and the briefing 18 schedule for the Motions to Dismiss such that each deadline and event will be extended by six 19 weeks. 20 The stipulated dates are as follows: 21 December 2, 2014 Last Day to: (1) 22 23 (2) (3) 24 Meet and confer re: initial disclosures, early settlement, ADS process selection, and discovery plan; File ADR Certification signed by Parties and Counsel File either Stipulation to ADR Process or Notice Need for ADR Phone Conference 25 26 December 8, 2014 Last day to file response brief to the Motions to Dismiss. 27 December 18, 2014 Last day to file reply briefs in support of the Motions to Dismiss. 28 15729.001 2965494v1 2 STIPULATION AND [PROPOSED] ORDER ENLARGING TIME 3:14-CV-03275 VC 1 December 23, 2014 Last day to file Rule 26(f) Report, complete initial disclosures or state objection in Rule 26(f) Report and file Case Management Statement per Court's standing order re: Contents of Joint Case Management Statement December 30, 2014 Initial Case Management Conference in Courtroom 4, 17th Floor at 10:00 a.m. January 8, 2014 Hearing on Motions to Dismiss. Note that this date has been extended by seven weeks, as a six week extension would cause the hearing to be scheduled for January 1, 2015.] 2 3 4 COBLENTZ PATCH DUFFY & BASS LLP One Ferry Building, Suite 200, San Francisco, California 94111-4213 415.391.4800 • Fax 415.989.1663 5 6 7 8 9 IT IS SO STIPULATED AND AGREED. 10 11 DATED: October 15, 2014 COBLENTZ PATCH DUFFY & BASS LLP 12 By: /s/Charmaine G. Yu Charmaine G. Yu Attorneys for Attorneys for ALCO IRON & METAL CO. 13 14 15 16 DATED: October 15, 2014 BERLINER COHEN 17 By: /s/Sara Pollock Sara Pollock Attorneys for PICK-N-PULL AUTO DISMANTLERS 18 19 20 21 DATED: October 15, 2014 22 THE LAW OFFICES OF ERIK BABCOCK By: /s/ Erik Babcock Erik Babcock Attorneys for EMILIO ZAMORA 23 24 25 DATED: October 15, 2014 THE LAW OFFICES OF PAUL M. WELLENKAMP 26 By: /s/Paul M. Wellenkamp Paul M. Wellenkamp Attorneys for CESAR ZAMORA 27 28 15729.001 2965494v1 3 STIPULATION AND [PROPOSED] ORDER ENLARGING TIME 3:14-CV-03275 VC 1 DATED: October 15, 2014 BONJOUR, THORMAN, BARAY & BILLINGSLEY 2 3 By: /s/Michael Thorman Michael Thorman Attorneys for RICARDO ZAMORA 4 COBLENTZ PATCH DUFFY & BASS LLP One Ferry Building, Suite 200, San Francisco, California 94111-4213 415.391.4800 • Fax 415.989.1663 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15729.001 2965494v1 4 STIPULATION AND [PROPOSED] ORDER ENLARGING TIME 3:14-CV-03275 VC 1 2 FILER'S ATTESTATION PURSUANT TO CIVIL LOCAL RULE 5-1(i)(3) I, Charmaine G. Yu, attest that concurrence in the filing of this STIPULATION AND 3 [PROPOSED] ORDER ENLARGING TIME FOR DISCOVERY CONFERENCE AND 4 INITIAL DISCLOSURES, AND INITIAL CASE MANAGEMENT CONFERENCE COBLENTZ PATCH DUFFY & BASS LLP One Ferry Building, Suite 200, San Francisco, California 94111-4213 415.391.4800 • Fax 415.989.1663 5 PURSUANT TO LOCAL RULE 6-2 has been obtained from each of the other signatories. 6 Executed this 15th of October, 2014, at San Francisco, California. /s/Charmaine G. Yu Charmaine G. Yu 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15729.001 2965494v1 5 STIPULATION AND [PROPOSED] ORDER ENLARGING TIME 3:14-CV-03275 VC 1 2 [PROPOSED] ORDER PURSUANT TO THE STIPULATION, IT IS SO ORDERED. 3 October 20 4 DATED: _______, 2014 Hon. Vince Chhabria United States District Court Judge COBLENTZ PATCH DUFFY & BASS LLP One Ferry Building, Suite 200, San Francisco, California 94111-4213 415.391.4800 • Fax 415.989.1663 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15729.001 2965494v1 6 STIPULATION AND [PROPOSED] ORDER ENLARGING TIME 3:14-CV-03275 VC

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