Automotive Industries Pension Trust Fund et al v. Mike Rose's Auto Body, Inc. et al

Filing 36

STIPULATION AND ORDER re 35 STIPULATION WITH PROPOSED ORDER JOINT REQUEST TO MODIFY SCHEDULING ORDER TO EXTEND DISCOVERY CUT-OFF DATES. Fact discovery cut-off 3/30/2018. Expert disclosures 4/23/2018. Expert rebuttal 5/15/2018. Expert discovery cutoff 6/1/2018. Signed by Judge Jon S. Tigar on February 14, 2018. (wsn, COURT STAFF) (Filed on 2/14/2018)

1 Anne M. Bevington, Esq. (SBN 111320)
Kimberly A. Hancock, Esq. (SBN 205567)
2 Matthew P. Minser, Esq. (SBN 296344)
SALTZMAN & JOHNSON LAW CORPORATION
3 44 Montgomery Street, Suite 2110
San Francisco, CA 94104
4 [phone]
[phone] – Facsimile
5 [e-mail]
[e-mail]
6 [e-mail]
7 Attorneys for Plaintiffs, Automotive Industries
Pension Trust Fund, et al.
8
Robert F. Schwartz, No. 227327
9 Clarissa A. Kang, No. 210660
Jahiz Noel Agard, No. 282988
10 TRUCKER  HUSS
A Professional Corporation
11 One Embarcadero Center, 12th Floor
San Francisco, CA 94111
[phone]
12 Telephone:
Facsimile:
[phone]
[e-mail]
13 E-mail:
[e-mail]
[e-mail]
14
15 Attorneys for Defendants
Mike Rose’s Auto Body, Inc., et al.
16
17

UNITED STATES DISTRICT COURT

18

FOR THE NORTHERN DISTRICT OF CALIFORNIA

19

(SAN FRANCISCO DIVISION)

20 AUTOMOTIVE INDUSTRIES PENSION
TRUST FUND, et al.,
21
Plaintiffs,
22 v.

Case No.: Case No. 17-cv-00602 JST
STIPULATION AND JOINT REQUEST
TO MODIFY SCHEDULING ORDER TO
EXTEND DISCOVERY CUT-OFF
DATES; AND
[PROPOSED] ORDER

23 MIKE ROSE’S AUTO BODY INC., a
California corporation, et al.
24
Defendants.
25

Complaint Filed: February 6, 2017

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27
28
-1STIP. AND JOINT REQUEST TO MODIFY SCHEDULING ORDER TO EXTEND
DISCOVERY CUT-OFF; [PROPOSED] ORDER; CASE NO. 3:17-cv-00602 JST

1

IT IS HEREBY STIPULATED by and between the parties to this action, by and through

2 their attorneys of record, and the parties jointly request that the Court modify its Scheduling
3 Order, issued June 21, 2017 (Doc. No. 26), as follows:
4

Event

Scheduled Date

Requested Date

Previous Extension

Fact discovery cut-off

Feb. 28, 2018

Mar. 30, 2018

None

7

Expert disclosures

Mar. 22, 2018

Apr. 23, 2018

None

8

Expert rebuttal

Apr. 22, 2018

May 15, 2018

None

Expert discovery cutoff

May 25, 2018

June 1, 2018

None

Deadline to file dispositive
motions

Jun. 21, 2018

No change

None

Sept. 25, 2018

No change

None

13

Pretrial conference statement
due

14

Pretrial conference

Oct. 5, 2018
2:00 p.m.

No change

None

Trial

Oct. 29, 2018
8:30 a.m.

No change

None

5
6

9
10
11
12

15
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17
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The parties submit that good cause exists for the following reasons.

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1.

The above schedule was set by the Court in its Scheduling Order on June 21, 2017.

20

The parties have not requested any previous extensions of these dates. The requested extensions

21

are for discovery cut-off dates only and do not delay the dates for filing dispositive motions, or

22

for the pretrial conference and trial.

23
24
25

2.

The parties are engaged in settlement negotiations and wish to attempt a resolution

of this matter before incurring further expense of discovery.
3.

The parties have propounded written discovery and have conferred regarding the

26

setting of depositions. A number of deponents are not available in February but are available in

27

March. The parties have agreed on the following discovery plan, subject to the Court’s granting

28

their joint request to modify the schedule:
-2STIP. AND JOINT REQUEST TO MODIFY SCHEDULING ORDER TO EXTEND
DISCOVERY CUT-OFF; [PROPOSED] ORDER; CASE NO. 3:17-cv-00602 JST

1

March 5, 2018 - Plaintiffs’ Responses to Defendant’s Written Discovery due

2

March 14, 2018 – Depositions of Trustees James Beno and Doug Cornford

3

March 19, 2018 – Defendant’s Responses to Plaintiffs’ Written Discovery due

4

March 16, 19, or 20 – Deposition of Trust Fund 30(b)(6)

5

March 1 -- 30 -- Third-Party Depositions

6

March 21 – 30 – Depositions of Defendants William Brunelli, James Brunelli, Brennan

7 Rose, Mike Rose’s Auto Body, Inc. 30(b)(6), and Washington Township Central Investment
8 30(b)(6).
9

7.

The parties respectfully request that the Court approve this stipulation and

10 incorporate its terms in an Order.
11

IT IS SO STIPULATED.

12

SALTZMAN & JOHNSON LAW CORPORATION

13 DATED: February 13, 2018

By: /S/_Anne M. Bevington____
Anne M. Bevington
Attorneys for Plaintiffs

14
15

TRUCKER  HUSS

16
17 DATED: February 13, 2018
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19
20

By: /S/ Robert F. Schwartz
Robert F. Schwartz
Attorneys for Defendants
CERTIFICATION RE SIGNATURES

I attest that concurrence in the filing of this document has been obtained from Robert F.

21 Schwartz.
22 Dated: February 13, 2018

/s/ Anne M. Bevington
Anne M. Bevington

23
24

IT IS SO ORDERED.
February 14, 2018
25
Dated: ____________, 2017
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27

HON. JON S. TIGAR
United States District Judge

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-3STIP. AND JOINT REQUEST TO MODIFY SCHEDULING ORDER TO EXTEND
DISCOVERY CUT-OFF; [PROPOSED] ORDER; CASE NO. 3:17-cv-00602 JST