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

Filing 39

STIPULATION AND ORDER re 37 STIPULATION WITH PROPOSED ORDER AND JOINT REQUEST TO FURTHER MODIFY SCHEDULING ORDER TO EXTEND DISCOVERY CUT-OFF DATES filed by Mike Rose's Auto Body, Inc. Fact discovery cut-off 4/30/2018. Expert disclosures 5/14/2018. Expert rebuttal 5/28/2018. Expert discovery cutoff 6/8/2018. Signed by Judge Jon S. Tigar on March 12, 2018. (wsn, COURT STAFF) (Filed on 3/12/2018)

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

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(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 FURTHER MODIFY SCHEDULING
ORDER TO EXTEND DISCOVERY CUTOFF DATES; AND
[PROPOSED] ORDER

23 MIKE ROSE’S AUTO BODY INC., a
California corporation, et al.
24
Defendants.
25
26
27

Complaint Filed: February 6, 2017

IT IS HEREBY STIPULATED by and between the parties to this action, by and through
their attorneys of record, and the parties jointly request that the Court modify its Scheduling

28

-1STIP. AND JOINT REQUEST TO MODIFY SCHEDULING ORDER TO FURTHER EXTEND
DISCOVERY CUT-OFF; [PROPOSED] ORDER; CASE NO. 3:17-cv-00602 JST
173641.v1

1 Order, initially issued June 21, 2017 (Doc. No. 26) and modified on February 14, 2018 (Doc. No.
2 36), as follows:
3
Event

Scheduled Date

Requested Date

Previous Extension

5

Fact discovery cut-off

Mar. 30, 2018

April 30, 2018

1

6

Expert disclosures

Apr. 23, 2018

May 14, 2018

1

Expert rebuttal

May 15, 2018

May 28, 2018

1

Expert discovery cutoff

June 1, 2018

June 8, 2018

1

Deadline to file dispositive
motions

Jun. 21, 2018

No change

None

Sept. 25, 2018

No change

None

12

Pretrial conference statement
due

13

Pretrial conference

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

No change

None

Trial

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

No change

None

4

7
8
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The parties submit that good cause exists for the following reasons.

18

1.

The Scheduling Order was initially issued on June 21, 2017, and modified pursuant

19

to the parties’ joint request on February 14, 2018. The currently requested extensions are for

20

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

21

pretrial conference and trial.
2.

22
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The parties are actively engaged in settlement negotiations and wish to attempt a

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

24

The parties have propounded written discovery and have conferred regarding the

25

setting of depositions. The parties have agreed on the following discovery plan, subject to the

26

Court’s granting their joint request to modify the schedule:
•

27
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April 3, 2018 – Defendant’s Responses to Plaintiffs’ Written Discovery due.
-2-

STIP. AND JOINT REQUEST TO MODIFY SCHEDULING ORDER TO FURTHER EXTEND
DISCOVERY CUT-OFF; [PROPOSED] ORDER; CASE NO. 3:17-cv-00602 JST
173641.v1

1

•

April 15, 2018 – Plaintiff’s Responses to Defendants’ Written Discovery due.

2

•

Depositions may be conducted at any time pursuant to the Federal Rules of Civil
Procedure and the Civil Local Rules, or by mutual agreement.

3
7.

4

The parties respectfully request that the Court approve this stipulation and

5 incorporate its terms in an Order.
IT IS SO STIPULATED.

6
7

SALTZMAN & JOHNSON LAW CORPORATION

8 DATED: March 9, 2018

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

9
10

TRUCKER  HUSS

11
12 DATED: March 9, 2018
13
14

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

15

I attest that concurrence in the filing of this document has been obtained from Anne M.

16 Bevington.
17 Dated: March 9, 2018

/s/ Robert F. Schwartz
Robert F. Schwartz

18

19 IT IS SO ORDERED. The Court is unlikely to grant any further requests for continuance.
20

March 12
Dated: ____________, 2018

21
HON. JON S. TIGAR
United States District Judge

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-3STIP. AND JOINT REQUEST TO MODIFY SCHEDULING ORDER TO FURTHER EXTEND
DISCOVERY CUT-OFF; [PROPOSED] ORDER; CASE NO. 3:17-cv-00602 JST
173641.v1