Macdonald et al v. Wells Fargo Bank N.A
Filing
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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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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
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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
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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BRET MACDONALD, an individual; and
AMALIA MACDONALD, an individual,
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JOINT STIPULATION TO CONTINUE
EXPERT DISCOVERY DEADLINES;
ORDER
Plaintiffs,
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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
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JOINT STIPULATION AND PROPOSED ORDER TO CONTINUE EXPERT DISCOVERY DEADLINES
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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:
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a. Fact Discovery Cutoff on September 13, 2016
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b. Initial Expert Disclosures on September 27, 2016
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c. Rebuttal Expert Disclosures on October 11, 2016
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d. Expert Discovery Cutoff on October 25, 2016
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e. Dispositive Motion Hearing Deadline on December 8, 2016 at 2:00 p.m.
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f. Pretrial Conference on February 28, 2017 at 3:00 p.m.;
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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,
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JOINT STIPULATION AND PROPOSED ORDER TO CONTINUE EXPERT DISCOVERY DEADLINES
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2016;
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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;
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WHEREAS, no other deadlines in this matter will be affected by the requested
continuance. 1
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STIPULATION
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The parties stipulate to and request a four-week continuance of the following expert
discovery deadlines:
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Current Deadline
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December 9, 2016
November 25, 2016
December 23, 2016
Expert Discovery Cut off
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November 11, 2016
Rebuttal Expert Disclosures Due
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Proposed Deadline
Initial Expert Disclosures Due
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December 9, 2017
January 6, 2017
IT IS SO STIPULATED.
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Respectfully Submitted,
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Dated: November 9, 2016
SEVERSON & WERSON
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By:
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_/s/ Thomas Abbott________
Thomas Abbott, Esq.
Attorney for Defendant
WELLS FARGO BANK, N.A.
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Dated: November 9, 2016
MELLEN LAW FIRM
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By:
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_/s/ Sarah Shapero_________
Sarah Shapero, Esq.
Attorney for Plaintiffs
BRETT MACDONALD and AMALIA
MACDONALD
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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.
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JOINT STIPULATION AND PROPOSED ORDER TO CONTINUE EXPERT DISCOVERY DEADLINES
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ORDER
This Court, having received and reviewed the stipulation of the parties referenced
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immediately above, and finding good cause therefore, pursuant to the stipulation of the parties;
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The expert discovery deadlines are continued as follows:
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Initial Expert Disclosures Due
December 9, 2016
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Rebuttal Expert Disclosures Due
December 23, 2016
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Expert Discovery Cut off
January 6, 2017
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IT IS SO ORDERED.
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Dated: November 10, 2016
________________________________________
Honorable Haywood S. Gilliam, Jr.
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JOINT STIPULATION AND PROPOSED ORDER TO CONTINUE EXPERT DISCOVERY DEADLINES
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