Felix et al v. Anderson

Filing 81

ORDER by Judge Haywood S. Gilliam, Jr. Denying 79 Stipulation to Extend Discovery Deadlines Pursuant to Local Rule 6-2. (ndr, COURT STAFF) (Filed on 12/29/2015)

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FLYNN RILEY BAILEY & PASEK LLP
David B. Tillotson (No. 148162)
[e-mail]
Ravi D. Sahae (No. 276113)
[e-mail]
1010 B Street, Suite 200
San Rafael, CA 94901
Fax [phone]
[phone]
Richard Sax (SBN 80632) [e-mail]
LAW OFFICES OF RICHARD SAX
448 Sebastopol Avenue
Santa Rosa, CA 95401
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs
SCOTT EMERSON FELIX and
PATRICIA LOVEHAL SHUEY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SCOTT EMERSON FELIX and PATRICIA
LOVEHAL SHUEY,
Plaintiffs,
vs.

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Case No. 3:14-cv-03809-HSG
JOINT STIPULATION TO EXTEND
DISCOVERY DEADLINES
PURSUANT TO LOCAL RULE 6-2;
[PROPOSED] ORDER

KARIN L. ANDERSON; and DOES 1-10,
inclusive,

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Defendants.

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Plaintiffs Scott Felix and Patricia Shuey (“Plaintiffs”) together with defendant Karin L.

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Anderson (“Defendant”), by and through their respective attorneys, do hereby agree and stipulate

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as follows:

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WHEREAS Plaintiffs filed this lawsuit on August 21, 2014;

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JOINT STIPULATION TO EXTEND DISCOVERY DEADLINES PURSUANT TO LOCAL RULE 6-2; [PROPOSED] ORDER

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WHEREAS on February 9, 2015, this Court entered an order granting leave to serve

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summons upon Defendant by publication, finding that Plaintiffs “made exhaustive efforts to serve

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Defendant by other means” and that “the evidence suggests that Defendant is aware of the pending

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litigation against her and is evading service;”

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WHEREAS on June 30, 2015, Defendant appeared in this case and filed her Answer to the
complaint;

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WHEREAS on July 24, 2015, Defendant filed a motion for judgment on the pleadings,

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which motion was granted with leave to amend by this Court’s order entered August 20, 2015;

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WHEREAS on September 10, 2015, Plaintiffs filed their First Amended Complaint in this
action;

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WHEREAS on September 28, 2015, Defendant filed a motion to dismiss Plaintiffs’ First
Amended Complaint, which motion was heard and denied on November 5, 2015;

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WHEREAS on November 5, 2015, this Court issued a scheduling order which set the

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deadline for fact discovery as March 1, 2016, and the deadline for expert discovery as April 1,

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2016;

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WHEREAS following the hearing on the motion to dismiss, Plaintiffs began and are in the

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process of substituting attorneys in this action, which process has contributed to the delay in initial

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disclosures in this action;

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WHEREAS in the rule 26(f) conference on December 14, 2015, Plaintiffs and Defendant

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agreed that given the short time frame, and the fact that no discovery had then been propounded, it

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was impracticable and unlikely that discovery would be completed by the February 1, 2016 and

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March 1, 2016 deadlines established by this Court’s November 9, 2015 scheduling order;

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WHEREAS Plaintiffs and Defendant wish to preserve the July 25, 2016 trial date in this
matter while also allowing for additional time for the completion of discovery;

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IT IS HEREBY STIPULATED AND AGREED:

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1. The deadline for the close of fact discovery shall be extended from February 1, 2016,

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to April 1, 2016;

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JOINT STIPULATION TO EXTEND DISCOVERY DEADLINES PURSUANT TO LOCAL RULE 6-2; [PROPOSED] ORDER

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2. The deadline for the close of expert discovery shall be extended from March 1, 2016,
to May 1, 2016;
3. All other deadlines in this Court’s November 9, 2015 Scheduling Order shall remain
unchanged.
DATED: December 28, 2015

FLYNN RILEY BAILEY & PASEK LLP

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____/s/ Ravi D. Sahae________________

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David B. Tillotson
Ravi D. Sahae
Attorneys for Plaintiffs

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DATED: December 28, 2015

SCHIFF HARDIN LLP

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_____/s/ Jamie L. Lanphear____________
Jean L. Bertrand
Bruce Wagman
Jamie L. Lanphear
Attorneys for Defendant

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UNIT
ED

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PURSUANT TO STIPULATION, IT IS SO ORDERED.D
ENIE

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m Jr.

S. Gillia
_________________________________________
y wo o d
dge Ha OF THE DISTRICT COURT
JuJUDGE

FO

ER

H

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DATED:__________________
12/29/2015

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[PROPOSED] ORDER
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JOINT STIPULATION TO EXTEND DISCOVERY DEADLINES PURSUANT TO LOCAL RULE 6-2; [PROPOSED] ORDER