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 (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
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
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