Abdo et al v. Fitzsimmons et al

Filing 103

STIPULATION AND ORDER re (100 in 3:17-cv-00851-EDL and 92 in 3:17-cv-01232-EDL) STIPULATION WITH PROPOSED ORDER Continuing Trial and Associated Deadlines filed by Souheil S. Badran, Christian Borcher, Peter Lai, Michael Fitzsimmons, Mar c S. Yi, Christopher G. Power, James C. Peters, Ernest D. Del, Peter J. Goetner. Dispositive Motion Hearing set for 11/26/2019 09:00 PM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Elizabeth D. Laporte. Pretrial Conference set fo r 2/18/2020 02:00 PM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Elizabeth D. Laporte. Jury Selection set for 3/16/2020 08:30 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Elizabeth D. Laporte. Jury Trial set for 3/16/2020 - 3/24/2020 08:30 AM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Elizabeth D. Laporte. Signed by Judge Elizabeth D. Laporte on January 31, 2019. (mllS, COURT STAFF) (Filed on 1/31/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RISING TIDE I, LLC; RISING TIDE II, LLC,

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Case No. 17-cv-00851 EDL
Case No. 17-cv-01232-EDL

Plaintiffs,
v.

JOINT STIPULATION AND [PROPOSED]
ORDER CONTINUING TRIAL AND
ASSOCIATED DEADLINES

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MICHAEL FITZSIMMONS; PETER LAI;
CHRIS G. POWER; PETER J. GOETTNER;
CHRISTIAN BORCHER; ERNEST D. DEL;
MARC S. YI; JAMES C. PETERS; AND
SOUHEIL S. BADRAN,

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Trial Date:

January 13, 2020

Defendants.
JOHN E. ABDO, as Trustee of the JOHN E.
ABDO TRUST DATED JUNE 11, 2014, and
JOHN E. ABDO, as Trustee of the JOHN E.
ABDO TRUST DATED MARCH 15, 1976,

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Plaintiffs,
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v.

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MICHAEL FITZSIMMONS; PETER LAI;
CHRIS G. POWER; PETER J. GOETTNER;
CHRISTIAN BORCHER; ERNEST D. DEL;
MARC S. YI; JAMES C. PETERS; AND
SOUHEIL S. BADRAN,

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Defendants.
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16814.001 4823-8865-3702.1

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JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING TRIAL AND ASSOCIATED DEADLINES,
Case Nos. 17-cv-0851-EDL; 17-cv-01232-EDL
54438538v.1

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Pursuant to Fed. R. Civ. P. 6(b)(1) and Civil L.R. 6-1, 6-2, and 7-12, the parties

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(“Parties”) in related case numbers 17CV0851-EDL and 17CV1232-EDL hereby submit, for the

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Court’s consideration and approval, this Joint Stipulation and Order Continuing Trial and

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Associated Deadlines as follows:

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WHEREAS, on January 15, 2019 the Parties attended a mediation in the above titled
related cases, which was unsuccessful.

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WHEREAS, at mediation it was revealed that another mediation could be more

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productive after the completion of third party discovery, particularly discovery from third parties

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that may be obligated to indemnify Defendants and carry relevant insurance.

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WHEREAS, the parties have been and are diligently seeking to further third party

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discovery and wish to continue such efforts in order to foster a potentially successful second

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mediation.

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WHEREAS, some third parties are resisting such discovery and it is possible that motion
practice will be necessary.

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WHEREAS, given the additional discovery that needs to take place prior to the next

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mediation, the Parties agree and stipulate to continue trial and all associated deadlines by

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approximately sixty (60) days as follows or as deemed appropriate by the Court:

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Event

Deadline to file a motion to add claims or
parties
Close of fact discovery
Initial expert disclosures

1/30/19

Extension (60 days with the exception of
the first deadline)
5/30/191

5/28/19
6/4/19

7/26/19
8/2/19

Rebuttal expert disclosures

6/18/19

8/16/19

Close of expert discovery
Deadline for Defendants’ dispositive motion

7/1/19
7/9/19

8/30/19
9/6/19

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Current
Deadline

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The Parties agree to extend this deadline by 120 days because filing of third party
complaints/counterclaims/crossclaims is likely to impede ongoing attempts at settlement.
16814.001 4823-8865-3702.1
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JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING TRIAL AND ASSOCIATED DEADLINES,
Case Nos. 17-cv-0851-EDL; 17-cv-01232-EDL
54438538v.1

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Deadline for Plaintiffs to file combined
opposition and cross-motion brief
Deadline for Defendants’ combined reply and
opposition brief
Deadline for Plaintiffs’ reply to the crossmotion brief
Hearing on dispositive motions
Meet and confer re joint pretrial statement,
exchange of pretrial materials, and settlement
(at least 30 days before pretrial conference)

7/30/19

9/27/19

8/20/19

10/18/19

9/3/19

11/1/19

9/24/19
Not specified in
Order

11/26/19
1/17/20

Deadline for:

Not specified in
Order

1/29/20

Not specified in
Order

2/7/20

12/17/19
1/13/20

2/18/20
3/16/20

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-Joint pretrial statement
-Trial briefs
-Motions in limine
-Daubert motions
-Proposed voir dire questions
-Jury instructions
-Verdict forms
-Deposition transcript designations and other
discovery materials to be used at trial
-Exhibit setting forth expert qualifications and
experience
-Exhibit lists
-Exchange of exhibits, with copy to chambers

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(at least 20 days before pretrial conference)
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Deadline for:

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-Objections to exhibits or deposition excerpts
or other discovery materials
-objections to non-expert witnesses
-Objections to proposed voir dire questions
-Jury instructions
-Verdict forms
-Oppositions to motions in limine

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(at least 10 days before pretrial conference)
Pretrial conference
Jury trial (7 days)

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16814.001 4823-8865-3702.1

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JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING TRIAL AND ASSOCIATED DEADLINES,
Case Nos. 17-cv-0851-EDL; 17-cv-01232-EDL
54438538v.1

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WHEREAS, in case number 17CV0851-EDL the Parties have previously stipulated to

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and requested the Court issue an order extending the motion to dismiss briefing deadlines and

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hearing dates, as well as the date for the Initial Case Management Conference in this action

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(Dkts. 12, 15, 27, and 38), and this Court granted those stipulated requests (Dkts. 13, 18, 28, and

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39).

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WHEREAS, in case number 17CV1232-EDL the Parties have previously stipulated to

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and requested the Court issue an order extending the motion to dismiss briefing deadlines and

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hearing dates, as well as the date for the Initial Case Management Conference in this action

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(Dkts. 12, 17, and 34), and this Court granted those stipulated requests (Dkts. 14, 18, 25, and 35).

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THEREFORE, subject to the Court’s approval, the Parties hereby Stipulate to an Order

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by the Court that the trial date currently set for January 13, 2020 and all associated deadlines be

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continued by approximately sixty (60) days.2

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DATED: January 29, 2019

COBLENTZ PATCH DUFFY & BASS LLP

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By:
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/s/ Rees F. Morgan
Rees F. Morgan
Sean P.J. Coyle
Sarah E. Peterson
Attorneys for Plaintiffs
RISING TIDE I, LLC; RISING TIDE II, LLC

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In accordance with N.D. Cal. L. R. 5-1(i)(3), the filer of this document attests that concurrence
in the filing of this document has been obtained from the other signatories.
16814.001 4823-8865-3702.1
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JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING TRIAL AND ASSOCIATED DEADLINES,
Case Nos. 17-cv-0851-EDL; 17-cv-01232-EDL
54438538v.1

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DATED: January 29, 2019

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STEARNS WEAVER MILLER WEISSLER
ALHADEFF & SITTERSON, P.A.

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By:

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Attorneys for Plaintiff
JOHN E. ABDO,
as Trustee of the JOHN E. ABDO TRUST
DATED JUNE 11, 2014, and JOHN E. ABDO,
as Trustee of the JOHN E. ABDO TRUST
DATED MARCH 15, 1976

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/s/ Jason P. Hernandez
Eugene E. Stearns
Jason P. Hernandez
Matthew G. Graham

DATED: January 29, 2019

TAYLOR & PATCHEN, LLP

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By:

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/s/ Jonathan A. Patchen
Jonathan A. Patchen
Max Baba Twine
Attorneys for Plaintiff
JOHN E. ABDO,
as Trustee of the JOHN E. ABDO TRUST
DATED JUNE 11, 2014, and JOHN E. ABDO,
as Trustee of the JOHN E. ABDO TRUST
DATED MARCH 15, 1976

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16814.001 4823-8865-3702.1

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JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING TRIAL AND ASSOCIATED DEADLINES,
Case Nos. 17-cv-0851-EDL; 17-cv-01232-EDL
54438538v.1

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DATED: January 29, 2019

SEYFARTH SHAW LLP

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By:

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/s/ Giovanna A. Ferrari
Gregory A. Markel
Giovanna A. Ferrari
Heather E. Murray
Attorneys for Defendants
MICHAEL R. FITZSIMMONS, PETER LAI,
CHRISTOPHER G. POWER, PETER J.
GOETTNER, CHRISTIAN BORCHER,
ERNEST D. DEL, MARC S. YI,
JAMES C. PETERS and SOUHEIL S. BADRAN

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16814.001 4823-8865-3702.1

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JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING TRIAL AND ASSOCIATED DEADLINES,
Case Nos. 17-cv-0851-EDL; 17-cv-01232-EDL
54438538v.1

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[PROPOSED] ORDER
The Court, having reviewed the Parties’ Joint Stipulation and [Proposed] Order
Continuing Trial Date and Deadlines, orders as follows:
The trial date currently set for January 13, 2020 and all associated deadlines be continued
as follows:

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Event
Deadline to file a motion to add claims or
parties
Close of fact discovery
Initial expert disclosures

Current Deadline
1/30/19

Extension
5/30/19

5/28/19
6/4/19

7/26/19
8/2/19

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Rebuttal expert disclosures

6/18/19

8/16/19

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Close of expert discovery
Deadline for Defendants’ dispositive motion
Deadline for Plaintiffs to file combined
opposition and cross-motion brief
Deadline for Defendants’ combined reply and
opposition brief
Deadline for Plaintiffs’ reply to the crossmotion brief
Hearing on dispositive motions
Meet and confer re joint pretrial statement,
exchange of pretrial materials, and settlement
(at least 30 days before pretrial conference)

7/1/19
7/9/19
7/30/19

8/30/19
9/6/19
9/27/19

8/20/19

10/18/19

9/3/19

11/1/19

9/24/19
Not specified in
Order

11/26/19
1/17/20

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16814.001 4823-8865-3702.1

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JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING TRIAL AND ASSOCIATED DEADLINES,
Case Nos. 17-cv-0851-EDL; 17-cv-01232-EDL
54438538v.1

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Deadline for:

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-Joint pretrial statement
-Trial briefs
-Motions in limine
-Daubert motions
-Proposed voir dire questions
-Jury instructions
-Verdict forms
-Deposition transcript designations and other
discovery materials to be used at trial
-Exhibit setting forth expert qualifications and
experience
-Exhibit lists
-Exchange of exhibits, with copy to chambers

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Not specified in
Order

1/29/20

Not specified in
Order

2/7/20

12/17/19
1/13/20

2/18/20
3/16/20

(at least 20 days before pretrial conference)

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Deadline for:
-Objections to exhibits or deposition excerpts
or other discovery materials
-objections to non-expert witnesses
-Objections to proposed voir dire questions
-Jury instructions
-Verdict forms
-Oppositions to motions in limine
(at least 10 days before pretrial conference)

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Pretrial conference
Jury trial (7 days)

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IT IS ORDERED.

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Dated: 1/31/19
__________
ELIZABETH D. LAPORTE
UNITED STATES MAGISTRATE JUDGE

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16814.001 4823-8865-3702.1

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JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING TRIAL AND ASSOCIATED DEADLINES,
Case Nos. 17-cv-0851-EDL; 17-cv-01232-EDL
54438538v.1