Wells Fargo Bank N.A. v. Renz et al

Filing 276

STIPULATION AND ORDER re 272 Stipulation, filed by Guan Huang, Wells Fargo Bank N.A., Values, Inc., Kazuko Umstead, Hoyt Corporation, Bowe Permac, Inc., VIC Manufacturing Co., Inc., Kenneth G. Renz. Signed by Judge ARMSTRONG on 12/27/10. (lrc, COURT STAFF) (Filed on 12/28/2010)

Wells Fargo Bank N.A. v. Renz et al

Doc. 276

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

JOSEPH B. ADAMS, ESQ. (SBN 194964) FARHEENA A. HABIB, ESQ. (243405) BASSI, EDLIN, HUIE & BLUM LLP 351 California Street, Suite 200 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant KAZUKO UMSTEAD

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

WELLS FARGO BANK, N.A. as TRUSTEE ) ) FOR THE CLARA POPPIC TRUST, ) ) Plaintiffs, ) ) vs. ) ) RENZ, et al., ) ) Defendants. ) ) ) AND RELATED ACTIONS. ) ) ) )

Case No. CV 08 2561 SBA STIPULATION AND ORDER CONTINUING FACT DISCOVERY AND REBUTTAL EXPERT REPORTS DEADLINES

Complaint Filed: Discovery Cut-Off: Trial Date:

May 21, 2008 Dec. 30, 2010 June 20, 2011

Pursuant to Federal Rule of Civil Procedure 16(b)(4) and Local Rule 16-2(d), the parties to the above-entitled action hereby apply to this Court for relief from the current fact discovery deadline set in this action. WHEREAS this Court most recently adjusted the case management schedule on November 15, 2010 (Doc. 270); WHEREAS the parties, with the exception of Nan Y. Park, participated in a mediation session with Hon. Ronald M. Sabraw (Ret.) on September 23, 2010;

261931

1 STIPULATION AND [PROPOSED] ORDER CONTINUING FACT DISCOVERY & EXPERT REBUTTAL REPORTS DEADLINES
Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
261931

WHEREAS a further mediation session has been scheduled for January 5, 2011 at 9:30 a.m., again before Judge Sabraw at JAMS in San Francisco, at which client and insurance representatives will be present; WHEREAS the parties continue to engage in discovery and have completed the depositions of several percipient witnesses and are in the process of scheduling and conducting additional percipient depositions, including those of the FRCP 30(b)(6) depositions of Hoyt Corporation and Vic Manufacturing Corporation, completing the deposition of Kazuko Umstead and other witnesses; WHEREAS this Court has not yet rendered its decision on the pending FRCP 12(b)(6) motion of Hoyt Corporation; WHEREAS the various regulatory stakeholders have not yet assessed the nature and extent of the contamination at issue and the necessary scope of remediation; WHEREAS Judge Sabraw believes that a brief continuance of the deadlines relating to fact discovery will facilitate further settlement discussions; and WHEREAS NAN Y. PARK has been non-communicative since the withdrawal of her counsel. THEREFORE, the parties stipulate and propose that: 1. The fact discovery cut-off be extended from the current deadline of December 30, 2010 to February 25, 2011, the current deadline for expert discovery; and 2. The deadline for exchange of expert rebuttal reports shall be moved from January 7, 2011, to February 1, 2011.

Agreed and approved as to content and form by counsel for the parties as indicated below:

Date: December 8, 2008

BASSI, EDLIN, HUIE & BLUM LLP

By:____________________________________ JOSEPH B. ADAMS, ESQ. Attorneys for KAZUKO UMSTEAD
2 STIPULATION AND [PROPOSED] ORDER CONTINUING FACT DISCOVERY & EXPERT REBUTTAL REPORTS DEADLINES

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
261931

Date: December 8, 2008

DONGELL LAWRENCE FINNEY LLP

By:____________________________________ IAN CULVER, ESQ. Attorneys for WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE CLARA POPPIC TRUST

Date: December 8, 2008

By:____________________________________ GUAN CHAO HUANG. IN PRO PER Date: December 8, 2008 WEYLAND LAW FIRM

By:____________________________________ REBECCA HOBERG, ESQ. Attorneys for BOWE PERMAC, INC. & VIC MANUFACTURING COMPANY Date: December 8, 2008 LAW OFFICE OF PETER LIEDERMAN

By:____________________________________ PETER H. LIEDERMAN, ESQ. Attorneys for KENNETH G. RENZ & ESTATE OF JACKSON R. DENNISON Date: December 8, 2008 FOLEY, BARON, METZGER, PLLC

By:____________________________________ BRIAN H. PHINNEY, ESQ. Attorneys for HOYT CORPORATION

3 STIPULATION AND [PROPOSED] ORDER CONTINUING FACT DISCOVERY & EXPERT REBUTTAL REPORTS DEADLINES

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Date: December 8, 2008

NEWMAN MARCUS LLP

By:____________________________________ EDWARD NEWMAN Attorneys for VALUES, INC.

IT IS SO ORDERED

DATED: 12/27/10

_______________________________________ UNITED STATES DISTRICT JUDGE

261931

4 STIPULATION AND [PROPOSED] ORDER CONTINUING FACT DISCOVERY & EXPERT REBUTTAL REPORTS DEADLINES

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. RENZ et al,

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA WELLS FARGO BANK N.A. et al, Case Number: CV08-02561 SBA

CERTIFICATE OF SERVICE

Plaintiff,

Defendant. / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on December 28, 2010, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Guan Huang 2683 22nd Street San Francisco, CA 94110 Nan Y. Park
261931

5 STIPULATION AND [PROPOSED] ORDER CONTINUING FACT DISCOVERY & EXPERT REBUTTAL REPORTS DEADLINES

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

8306 Wilshire Boulevard Suite 560 Beverly Hills, CA 90211 Won Jae Yi 2565 Telegraph Avenue Berkeley, CA 94704 Dated: December 28, 2010 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk

261931

6 STIPULATION AND [PROPOSED] ORDER CONTINUING FACT DISCOVERY & EXPERT REBUTTAL REPORTS DEADLINES