Matsunoki Group Inc v. Timberwork Oregon Inc et al

Filing 69

ORDER re 68 granting STIPULATION to Extend Discovery Deadlines and Trial Dates. Further Case Management Conference set for 4/8/2010 02:00 PM. Jury Trial set for 7/19/2010 08:30 AM. Motion Hearing set for 4/8/2010 02:00 PM. Pretrial Conference set for 6/29/2010 02:00 PM.. Signed by Judge Claudia Wilken on 10/13/09. (scc, COURT STAFF) (Filed on 10/13/2009)

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

JULIAN J. PARDINI, SB# 133878 E-Mail: [e-mail] ALAN J. HAUS, SB# 111556 E-Mail: [e-mail] ROWENA C. SETO, SB# 235103 E-Mail: [e-mail] LEWIS BRISBOIS BISGAARD & SMITH LLP One Sansome Street, Suite 1400 San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] Attorneys for TIMBERWORK, INC. (erroneously sued as "TIMBERWORK OREGON, INC."), and EARL BLONDHEIM

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

MATSUNOKI GROUP, INC. dba HAIKU ) HOUSES, ) ) ) Plaintiff, ) ) v. ) ) TIMBERWORK OREGON, INC.; TIMBERWORK, INC.; JOAN L. SHUELL; ) ) EARL MAURY BLONDHEIM; DON ) PAUL; ILENE ENGLISH-PAUL; and ) DOES 1 through 10, inclusive, ) ) Defendants. ) )

CASE NO. CV 08 4078 CW STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES AND TRIAL DATES

Action Filed: 8/25/08 Trial Date: 5/3/10

Plaintiff MATSUNOKI GROUP, INC. dba HAIKU HOUSES (hereinafter "Plaintiff") and Defendants TIMBERWORK, INC., (formerly known as and erroneously sued as "TIMBERWORK OREGON, INC."), EARL M. BLONDHEIM, DON PAUL and ILENE ENGLISH-PAUL (hereinafter collectively "Defendants"; Plaintiff and Defendants are hereinafter collectively referred to as "the Parties"), by and through their respective counsel, agree and stipulate as follows: ///
4840-5484-9284.1

-1STIPULATION AND [PROPOSED] ORDER TO EXTEND 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
1.

RECITALS The Court, pursuant to its minute order and case management order dated

December 10, 2008, ordered the Parties to complete mediation by March 13, 2009, or as soon thereafter as was convenient to the mediator's schedule. The Court appointed Mark LeHocky to act as mediator, and the Parties and Mr. LeHocky initially scheduled mediation to take place on March 25, 2009 in San Francisco, California. 2. Thereafter, due to discovery issues and a pending protective order, the Parties

stipulated to continuing the mediation until May 29, 2009, or as soon thereafter as the schedules of the Parties, their respective counsel and Mr. LeHocky would allow. Mr. LeHocky concurred in this stipulation. The parties filed the stipulation and an accompanying proposed order with the Court, which the Court signed. The Parties scheduled mediation to take place on June 1, 2009. 3. Thereafter, Timberwork, Inc., noticed the depositions of Plaintiff's Person

Most Qualified pursuant to Federal Rules of Civil Procedure, Rule 30(b)(6), to take place on April 14, 2009. Plaintiff was not available for deposition until June 3, 2009. As a result, the Parties stipulated that the mediation scheduled for June 1, 2009 be continued, and that the Court extend the deadline for the Parties to engage in mediation to July 6, 2009, or as soon thereafter as the schedules of the Parties, their respective counsel and Mr. LeHocky, would allow. Mr. LeHocky concurred in this stipulation. The Parties filed the stipulation and an accompanying proposed order with the Court, which the Court signed. 4. Thereafter, due to the schedules of the Parties, their respective counsel, and

Mr. LeHocky, the earliest date on which all parties were available to engage in mediation was August 7, 2009. Because of the length of time between the proposed mediation date of August 7, 2009, and the Court's mediation deadline of July 6, 2009, the Parties stipulated to extending the deadline for mediation until August 7, 2009. Mr. LeHocky concurred in this stipulation. The Parties filed the stipulation and an accompanying proposed order with the Court on June 26, 2009, which the Court signed.
4840-5484-9284.1

-2STIPULATION AND [PROPOSED] ORDER TO EXTEND 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

5.

On July 6, 2009, Plaintiff's President, Charla Honea, underwent a significant

emergency surgical procedure, as a result of which her doctor determined she was not physically able to travel to California for mediation until after September 8, 2009. The Parties stipulated that the mediation would occur on December 7, 2009, the earliest date on which all Parties, their respective counsel, and Mr. LeHocky were available. The Parties filed this stipulation and an accompanying proposed order to the Court, which it signed. 6. Pursuant to the Court's order dated December 10, 2008, the following are the

current discovery deadlines and trial dates: · · · · December 4, 2009: Completion of fact discovery;

December 17, 2009: Dispositive motions to be heard by this date; December 17, 2009: Case management conference; January 4, 2010: Disclosure of identities and reports of expert witnesses;

· · · 7.

February 3, 2010: April 20, 2010: May 3, 2010:

Completion of expert discovery; Final pretrial conference; Trial.

As a result of the continued mediation date, the current discovery cut-off date

now occurs prior to the scheduled mediation. If the Parties do not settle their dispute at mediation, they believe it would beneficial to allow for additional time to conduct further discovery and to move all corresponding discovery, pretrial and trial deadlines. THEREFORE, the Parties hereby stipulate as follows: STIPULATION All discovery deadlines and trial dates be extended, accordingly: 1. The deadline for completion of fact discovery as set forth in this Court's order dated December 10, 2008, is moved from December 4, 2009 to March 26, 2010. 2. The case management conference as set forth in this Court's order dated December 10, 2008, is moved from December 17, 2009 to April 8, 2010 at
4840-5484-9284.1

-3STIPULATION AND [PROPOSED] ORDER TO EXTEND 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
4840-5484-9284.1

2:00 p.m. 3. The deadline for dispositive motions to be heard as set forth in this Court's order dated December 10, 2008, is moved from December 17, 2009 to April 8, 2010. 4. The deadline for the disclosure of identities and reports of expert witnesses as set forth in this Court's order dated December 10, 2008, is moved from January 4, 2010 to April 26, 2010. 5. The deadline for the completion of expert discovery as set forth in this Court's order dated December 10, 2008, is moved from February 3, 2010 to June 14, 2010. 6. The final pretrial conference as set forth in this Court's order dated December 10, 2008, is moved from April 20, 2010 to June 29, 2010 at a time adherent to the Court's schedule. 7. The trial as set forth in this Court's order dated December 10, 2008, is moved from May 3, 2010 to July 19, 2010 at a time adherent to the Court's schedule.

DATED: October 6, 2009

LEWIS BRISBOIS BISGAARD & SMITH LLP

By

/s/

Julian J. Pardini Alan J. Haus Rowena C. Seto Attorneys for Defendant Attorneys for TIMBERWORK, INC. (erroneously sued as "TIMBERWORK OREGON, INC."), and EARL BLONDHEIM

-4STIPULATION AND [PROPOSED] ORDER TO EXTEND 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

DATED: October 7, 2009

GORDON & REES, LLP

Richard P. Sybert Lindsay Hulley Attorneys for Plaintiff Matsunoki Group

By

/s/

DATED: October 7, 2009

DONAHUE GALLAGHER WOODS, LLP

By

/s/

John C. Kirke Jocelyn Belloni Attorneys for Defendants Don Paul and Ilene-English Paul

4840-5484-9284.1

-5STIPULATION AND [PROPOSED] ORDER TO EXTEND 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
4840-5484-9284.1

ORDER Based upon the foregoing stipulation of the Parties, the Court HEREBY ORDERS that the following discovery deadlines and trial dates be extended as follows: 1. The deadline for the completion of fact discovery is moved from December 4, 2009 to March 26, 2010. 2. The case management conference is moved from December 17, 2009 to April 8, 2010 at 2:00 p.m. 3. The deadline for dispositive motions to be heard is moved from December 17, 2009 to April 8, 2010. 4. The deadline for the disclosure of identities and reports of expert witnesses is moved from January 4, 2010 to April 26, 2010. 5. The deadline for the completion of expert discovery is moved from February 3, 2010 to June 14, 2010. 6. 7. The final pretrial conference is moved from April 20, 2010 to June 29, 2010. The trial date is moved from May 3, 2010 to July 19, 2010.

IT IS SO ORDERED.

10/13/09 DATED: ___________ Honorable Claudia Wilken UNITED STATES DISTRICT JUDGE NORTHERN DISTRICT OF CALIFORNIA

-6STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINES