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 (415) 882-7900
(415) 882-9287 – Facsimile
5 abevington@sjlawcorp.com
khancock@sjlawcorp.com
6 mminser@sjlawcorp.com
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
(415) 788-3111
12 Telephone:
Facsimile:
(415) 421-2017
rschwartz@truckerhuss.com
13 E-mail:
ckang@truckerhuss.com
jagard@truckerhuss.com
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
26
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
16
17
18
The parties submit that good cause exists for the following reasons.
19
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
18
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
26
27
HON. JON S. TIGAR
United States District Judge
28
-3STIP. AND JOINT REQUEST TO MODIFY SCHEDULING ORDER TO EXTEND
DISCOVERY CUT-OFF; [PROPOSED] ORDER; CASE NO. 3:17-cv-00602 JST
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