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

Filing 41

STIPULATION AND ORDER re 40 SECOND STIPULATION AND JOINT REQUEST WITH [PROPOSED] ORDER to Further Modify Scheduling Order to Extend Discovery Cut-Off Date filed by Mike Rose's Auto Body, Inc. Fact Discovery cut-off 6/8/2018. No further continuances will be granted based on the parties' efforts to reach a settlement. Signed by Judge Jon S. Tigar on April 12, 2018. (wsn, COURT STAFF) (Filed on 4/12/2018)

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

19

(SAN FRANCISCO DIVISION)

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

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

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

Complaint Filed: February 6, 2017

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

27 their attorneys of record, and the parties jointly request that the Court modify its Scheduling
28

-1SECOND STIP. AND JOINT REQUEST TO MODIFY SCHEDULING ORDER TO FURTHER
EXTEND DISCOVERY CUT-OFF; [PROPOSED] ORDER; CASE NO. 3:17-cv-00602 JST
174389

1 Order, initially issued June 21, 2017 (Doc. No. 26) and modified on February 14, 2018 (Doc. No.
2 36) and March 12, 2018 (Doc. No. 39), to extend the deadline for fact discovery as follows:
3
Event

Scheduled Date

Requested Date

Previous Extension

5

Fact discovery cut-off

April 30, 2018

June 8, 2018

2

6

Expert disclosures

May 14, 2018

No change

2

Expert rebuttal

May 28, 2018

No change

2

Expert discovery cutoff

June 8, 2018

No change

2

Deadline to file dispositive
motions

June 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
9
10
11

14
15
16
17

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 and March 12, 2018. The currently requested

20

extension is for the fact discovery cut-off only and does not delay the dates for filing dispositive

21

motions, or for the pretrial conference and trial.
2.

22

The parties are actively engaged in settlement negotiations and have reached a

23

tentative agreement on the amount of the settlement, but are continuing to negotiate the scope of

24

the release and whether the settlement of this action should satisfy the judgment against a non-

25

party in a previous case, and wish to attempt a resolution of this matter before incurring further

26

expense of discovery..

27
28

-2SECOND STIP. AND JOINT REQUEST TO MODIFY SCHEDULING ORDER TO FURTHER
EXTEND DISCOVERY CUT-OFF; [PROPOSED] ORDER; CASE NO. 3:17-cv-00602 JST
174389

3.

1

The parties have propounded written discovery and have conferred regarding the

2

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

3

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

4



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

5



May 9, 2018 – Plaintiff’s Responses to Defendants’ Written Discovery due.

6



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

7
7.

8

The parties respectfully request that the Court approve this stipulation and

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

10
11

SALTZMAN & JOHNSON LAW CORPORATION

12 DATED: April 10, 2018

By: /s/ Anne M. Bevington
Anne M. Bevington
Attorneys for Plaintiffs

13
14

TRUCKER  HUSS

15
16 DATED: April 10, 2018
17
18

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

19

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

20 Bevington.
21 Dated: April 10, 2018

/s/ Robert F. Schwartz
Robert F. Schwartz

22

No further continuances will be granted based on the parties' efforts to
IT IS SO ORDERED. reach a settlement.
24
April 12
Dated: ____________, 2018
23

25
HON. JON S. TIGAR
United States District Judge

26
27
28

-3SECOND STIP. AND JOINT REQUEST TO MODIFY SCHEDULING ORDER TO FURTHER
EXTEND DISCOVERY CUT-OFF; [PROPOSED] ORDER; CASE NO. 3:17-cv-00602 JST
174389