Macdonald et al v. Wells Fargo Bank N.A

Filing 59

ORDER by Judge Haywood S. Gilliam, Jr. Granting 58 Stipulation Continuing Expert Discovery Deadlines: Initial Expert Disclosures Due by 12/9/2016; Initial Expert Disclosures Due by 12/23/2016; Expert Discovery Cut off by 1/6/2017.(ndrS, COURT STAFF) (Filed on 11/10/2016)

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1 2 3 4 5 MARK D. LONERGAN (State Bar No. 143622) THOMAS N. ABBOTT (State Bar No. 245568) JASON M. JULIAN (State Bar No. 215342) jmj@severson.com SEVERSON & WERSON A Professional Corporation One Embarcadero Center, Suite 2600 San Francisco, California 94111 Telephone: (415) 398-3344 Facsimile: (415) 956-0439 6 7 8 9 10 11 12 Attorneys for Defendant WELLS FARGO BANK, N.A. MATHEW D. MELLEN (Bar No. 233350) SARAH SHAPERO (Bar No. 281748) MELLEN LAW FIRM One Embarcadero Center, Fifth Floor San Francisco, CA 94111 Telephone: (415)315-1653 Facsimile: (415)276-1902 Attorneys for Plaintiffs, BRET MACDONALD and AMALIA MACDONALD 13 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 17 BRET MACDONALD, an individual; and AMALIA MACDONALD, an individual, 20 21 JOINT STIPULATION TO CONTINUE EXPERT DISCOVERY DEADLINES; ORDER Plaintiffs, 18 19 Case No.: 3:14-CV-04970-HSG vs. WELLS FARGO BANK, N.A. and DOES 1 through 50, inclusive, Action Filed: Trial Date: Defendants. November 10, 2014 May 1, 2016 22 23 24 25 26 27 28 1 JOINT STIPULATION AND PROPOSED ORDER TO CONTINUE EXPERT DISCOVERY DEADLINES 1 2 3 4 5 6 7 8 Pursuant to the Civil Local Rules of the United States District Court for the Northern District of California, the parties, Plaintiffs BRETT MACDONALD and AMALIA MACDONALD (“Plaintiffs”), and Defendant WELLS FARGO BANK, N.A. (“Wells Fargo”), through their counsel of record, hereby stipulate to the following: WHEREAS, on November 10 2014, Plaintiff filed her Complaint in the above-captioned court against Defendants; WHEREAS, on April 12, 2016, the Court issued a Scheduling Order, setting a jury trial for March 13, 2017 and the following trial related deadlines: 9 a. Fact Discovery Cutoff on September 13, 2016 10 b. Initial Expert Disclosures on September 27, 2016 11 c. Rebuttal Expert Disclosures on October 11, 2016 12 d. Expert Discovery Cutoff on October 25, 2016 13 e. Dispositive Motion Hearing Deadline on December 8, 2016 at 2:00 p.m. 14 f. Pretrial Conference on February 28, 2017 at 3:00 p.m.; 15 16 17 18 19 20 21 22 23 24 25 26 27 28 g. Jury Trial on March 13, 2017. WHEREAS, on or around September 1, 2016, the Parties submitted a stipulation to continue the trial in this matter given the unavailability of Defendant’s person most knowledgeable for deposition prior to the September 13, 2016 fact discovery cut-off date; WHEREAS, on or around September 21, 2016, the Court issued a Scheduling Order continuing all of the deadlines in this matter and Ordered the Parties to complete Expert Discovery by December 9, 2016; WHEREAS, Initial Expert Disclosures are currently due on November 11, 2016 and Rebuttal Expert Disclosures are due on November 25, 2016; WHEREAS, on or around November 9, 2016, Counsel for Plaintiff, Sarah Shapero, had a family emergency arise that will result in her being out of the office until November 14, 2016 at the earliest; WHEREAS, on or around October 31, 2016, Counsel for Defendant, Thomas Abbott, commenced trial in another matter resulting in his being out of the office the week of October 31, 2 JOINT STIPULATION AND PROPOSED ORDER TO CONTINUE EXPERT DISCOVERY DEADLINES 1 2016; 2 3 4 WHEREAS, following the completion of fact discovery the Parties have engaged in settlement communications and believe that a brief continuance of the expert discovery deadline will increase the possibility of settlement without the need of expending monies to retain experts; 5 6 WHEREAS, no other deadlines in this matter will be affected by the requested continuance. 1 7 STIPULATION 8 9 The parties stipulate to and request a four-week continuance of the following expert discovery deadlines: 10 Current Deadline 14 December 9, 2016 November 25, 2016 December 23, 2016 Expert Discovery Cut off 13 November 11, 2016 Rebuttal Expert Disclosures Due 12 Proposed Deadline Initial Expert Disclosures Due 11 December 9, 2017 January 6, 2017 IT IS SO STIPULATED. 15 Respectfully Submitted, 16 17 Dated: November 9, 2016 SEVERSON & WERSON 18 19 By: 20 _/s/ Thomas Abbott________ Thomas Abbott, Esq. Attorney for Defendant WELLS FARGO BANK, N.A. 21 22 Dated: November 9, 2016 MELLEN LAW FIRM 23 24 By: 25 26 _/s/ Sarah Shapero_________ Sarah Shapero, Esq. Attorney for Plaintiffs BRETT MACDONALD and AMALIA MACDONALD 27 1 28 The Parties understand that the deadline to file Dispositive Motions is December 22, 2016, however, the Parties agree that, given the facts of this case, it is not necessary to complete expert discovery prior to filing any Dispositive Motions. 3 JOINT STIPULATION AND PROPOSED ORDER TO CONTINUE EXPERT DISCOVERY DEADLINES 1 2 3 ORDER This Court, having received and reviewed the stipulation of the parties referenced 4 immediately above, and finding good cause therefore, pursuant to the stipulation of the parties; 5 6 The expert discovery deadlines are continued as follows: 7 Initial Expert Disclosures Due December 9, 2016 8 Rebuttal Expert Disclosures Due December 23, 2016 9 Expert Discovery Cut off January 6, 2017 10 IT IS SO ORDERED. 11 12 13 Dated: November 10, 2016 ________________________________________ Honorable Haywood S. Gilliam, Jr. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 JOINT STIPULATION AND PROPOSED ORDER TO CONTINUE EXPERT DISCOVERY DEADLINES

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