Prometheus Real Estate Group, Inc. v. Terminix International, Inc., et al

Filing 64

ORDER by Judge Haywood S. Gilliam, Jr. Denying 63 Stipulation TO AMENDED SCHEDULING ORDER. (ndrS, COURT STAFF) (Filed on 11/23/2016)

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MILLER & MOSKOWITZ LLP

PERRY, JOHNSON, ANDERSON,

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DAVID F. BEACH, ESQ. (SBN 127135)
OSCAR A. PARDO, ESQ. (SBN 249955)
PERRY, JOHNSON, ANDERSON,
MILLER & MOSKOWITZ, LLP
438 First Street, Fourth Floor
Santa Rosa, CA 95401
Telephone: [phone]
Facsimile: [phone]Attorneys for Plaintiff
PROMETHEUS REAL ESTATE GROUP, INC.
David I. Dalby (SBN 114750)
Hinshaw & Culbertson LLP
One California Street, 18th Floor
San Francisco, CA 94111
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
TERMINIX INTERNATIONAL, INC. and
THE TERMINIX INTERNATIONAL COMPANY
LIMITED PARTNERSHIP

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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PROMETHEUS REAL ESTATE GROUP, INC.,

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)
)
Plaintiff(s),
)
)
vs.
)
)
TERMINIX INTERNATIONAL, INC., A Delaware )
Corporation, THE TERMINIX INTERNATIONAL )
COMPANY LIMITED PARTNERSHIP, et al.,
)
Defendant(s).
)
)
)
)
)
)
)
)
)
)

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CASE No. 3:15-CV-02234 HSG

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STIPULATION TO AMENDED
SCHEDULING ORDER
Complaint Filed:

April 8, 2015

Trial Date:

April 10, 2017

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STIPULATION TO AMENDED SCHEDULING ORDER

Case No. 3:15-CV-02234 HSG

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THE PARTIES TO THIS ACTION DO HEREBY STIPULATE to the following

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amendments to the Case Management Schedule Order “CMSO” of October 5, 2016. The parties

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have meet, conferred, and mutually agreed that despite their diligent efforts additional time is

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necessary to prepare this matter for an eventual trial. The parties have agreed to, and are seeking

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the Court’s consent, to extend the trial date on this matter for forty-five (45) days. The parties have

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also worked through the additional Case Management Schedule Order dates and proposed the

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following amended schedule:

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Event

Schedule Per

Amended Schedule

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October 5, 2016 CMSO
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Fact Discovery Cutoff

December 5, 2016

January 19, 2017

Exchange of Initial Expert

November 28, 2016

Feb 17, 2017

Expert Discovery Cutoff

December 26, 2016

March 17, 2017

Dispositive Motions Hearing

February 9, 2017 at 2:00pm

May 4, 2017 at 2:00 p.m.

Pretrial Conference

March 28, 2017 at 3:00pm

May 11, 2017 at 3:00 p.m.

Jury Trial

April 10, 2017 at 8:30am

May 25, 2017 at 8:30am

MILLER & MOSKOWITZ LLP

PERRY, JOHNSON, ANDERSON,

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Report

Deadline

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Good Cause exists in this instance as the amendments are necessitated in light of the
pending fact discovery and the need for its completion before expert discovery can take place.
Moreover, expert reports and discovery cannot proceed in a comprehensive manner until fact
discovery is completed. The present CMSO has expert discovery dates that overlap the fact
discovery cutoff date. The parties have been working cooperatively and extensively to complete
discovery, including written discovery responses and depositions. Despite best efforts by all
parties, it is evident that fact discovery cannot be completed without it impacting expert discovery
and eventually trial preparation. Therefore the parties are proposing a short extension of the
timeline to allow completion of both.
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STIPULATION TO AMENDED SCHEDULING ORDER

Case No. 3:15-CV-02234 HSG

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THEREFORE, THE PARTIES HEREBY STIPULATE to the following amendments to the
CMSO and respectfully request this Court’s consent.

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IT IS SO ORDERED.

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Dated:________________________

_______________________________
HAYWOOD S. GILLIAM, JR
United States District Judge

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Approved as to Form:

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Dated: November 23, 2016

PERRY, JOHNSON, ANDERSON,
MILLER & MOSKOWITZ, LLP

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By:

/s/ Oscar A. Pardo
DAVID F. BEACH
OSCAR A. PARDO
Attorneys for Plaintiff
PROMETHEUS REAL ESTATE GROUP,
INC.

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Dated: November 23, 2016

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By:

/s/ Mary Hess
DAVID I. DALBY
MARY HESS
Attorney for Defendants
TERMINIX INTERNATINAL, INC. and
ISTRIC
THE TERMINIX INTERNATIONAL
SD
T C COMPANY LIMITED PARTNERSHIP
TE
A

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MILLER & MOSKOWITZ LLP

PERRY, JOHNSON, ANDERSON,

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STIPULATION TO AMENDED SCHEDULING ORDER

Case No. 3:15-CV-02234 HSG