Golden Gate Way, LLC v. Stewart et al

Filing 163

STIPULATION AND ORDER Regarding Scope of Discovery and any Limitations on Discovery Tools for the Period Prior to Mediation Deadline re 162 Stipulation filed by Jeanne Stewart. Court made addition to Section 3, see Order for particulars. Signed by Magistrate Judge Donna M. Ryu on 03/17/2011. (dmrlc1, COURT STAFF) (Filed on 3/17/2011)

Golden Gate Way, LLC v. Stewart et al

Doc. 163

1 David F. Wood (State Bar No. 68063) Amy L. Foscalina (State Bar No. 196936) 2 Matthew O. Kovacs (State Bar No. 268488) Wood, Smith, Henning & Berman LLP 3 10960 Wilshire Boulevard, 18th Floor Los Angeles, California 90024-3804 4 Phone: [phone] Fax: [phone]
E-mail: [e-mail] [e-mail] [e-mail]

7 Attorneys for Defendants and Cross-Defendants, JEANNE STEWART, JEANNE'S HAMLIN CLEANERS, JEANNE STEWART dba HAMLIN 8 CLEANERS (erroneously sued as Hamlin Cleaners), and TOMMY LEE STEWART 9 10
WOOD, SMITH, HENNING & BERMAN LLP
Attorneys at Law 10960 WILSHIRE BOULEVARD, 18TH FLOOR LOS ANGELES, CALIFORNIA 90024-3804 TELEPHONE [phone] FAX [phone]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ­ OAKLAND DIVISION CASE NO. 09-CV-04458-DMR JOINT STIPULATION REGARDING SCOPE OF DISCOVERY AND ANY LIMITATIONS ON DISCOVERY TOOLS FOR THE PERIOD PRIOR TO MEDIATION DEADLINE; [ ORDER] DATE: March 15, 2011
Complaint Filed: 9/22/09 [Assigned for All Purposes to Magistrate Judge Donna M. Ryu, Courtroom 4]

11 12

13 GOLDEN GATE WAY, LLC, a California Limited Liability Company, 14 15 16
Plaintiff, v.

JEANNE STEWART, JEANNE'S 17 HAMLIN CLEANERS; HAMLIN CLEANERS; LEONARD A. GROSS, 18 LINDA CAPIN GROSS; CONTRACTORS CAPITAL 19 CORPORATION; LEONARD A. GROSS PROFESSIONAL 20 CORPORATION; and DOES 1-10, INCLUSIVE, 21 22 24 25 26 27 28
LEGAL:05971-0037/1624340.1

Defendants.

23 AND RELATED CROSS-ACTIONS.

Trial Date:

January 14, 2013

JOINT STIPULATION REGARDING SCOPE OF DISCOVERY AND ANY LIMITATIONS ON DISCOVERY TOOLS FOR THE PERIOD PRIOR TO MEDIATION DEADLINE Dockets.Justia.com

-1-

1 2

STIPULATED REQUEST

PURSUANT TO the Court's March 1, 2011 Minute Order, the

3 undersigned parties, through their respective attorneys of record, have met 4 and conferred regarding the scope of initial discovery and any limitations on 5 discovery tools for the period prior to the mediation deadline and hereby 6 make this stipulated request regarding the scope and extent of discovery for 7 the interim period from March 15, 2011 until the July 13, 2011 Case 8 Management Conference.1 The undersigned parties stipulate and agree as 9 follows: 10
WOOD, SMITH, HENNING & BERMAN LLP

IT IS HEREBY STIPULATED that each party will be allowed to serve

11 ten (10) requests for production of documents, twenty (20) requests for
Attorneys at Law 10960 WILSHIRE BOULEVARD, 18TH FLOOR LOS ANGELES, CALIFORNIA 90024-3804 TELEPHONE [phone] FAX [phone]

12 admission and fifteen (15) interrogatories on every other party in compliance 13 with Federal Rules of Civil Procedure; 14 IT IS FURTHER STIPULATED that the written discovery requests will 15 be served on a rolling schedule in order to prevent duplicative requests. The 16 rolling schedule will allow parties to build upon earlier requests served by 17 other parties, fill potential gaps left by earlier requests and maximize 18 efficiency. To this extent, the Stewart Defendants intend to serve their 19 desired discovery requests by the end of the month. To the extent 20 necessary, Plaintiff Golden Gate Way LLC and Cross-defendants Bill 21 Peacock and Yolanda Peacock will follow with their desired discovery 22 requests. To the extent necessary, the remaining defendants will propound 23 24 25 26 27 28
LEGAL:05971-0037/1624340.1

On March 11, 2011, counsel for Plaintiffs, John T. Cu, spoke with Leonard Gross to confirm whether he would participate on the conference call which the parties have agreed to hold on March 14, 2011 to conduct their meet and confer. Mr. Gross represented that he did not have any availability on March 14, 2011, but that he would agree to whatever discovery protocol the parties reach. On March 15, 2011, at 12:15 pm, Mr. Cu once again attempted to contact Mr. Gross to inform him of the terms of the instant Stipulation, but was unable to reach him. Nonetheless, given Mr. Gross' representation that he would agree and consent to the discovery protocol agreed to by the Parties, the Parties are prepared to submit the instant Stipulation to the Court.

1

JOINT STIPULATION REGARDING SCOPE OF DISCOVERY AND ANY LIMITATIONS ON DISCOVERY TOOLS FOR THE PERIOD PRIOR TO MEDIATION DEADLINE

-2-

1 additional requests following Plaintiffs' requests; 2 IT IS FURTHER STIPULATED that the parties will not schedule, notice 3 or request depositions of any party or witness prior to the July 13, 2011 4 Case Management Conference. At the Case Management Conference the 5 parties will be prepared to discuss the propriety of taking any depositions 6 prior to mediation and which, if any, depositions need be conducted prior to 7 mediation. 8 The Parties herein reserve their respective right to request from the 9 Court the enlargement of discovery beyond that which was agreed upon 10 herein at any point after the Case Management Conference on July 13, 11 2011, where any party deems further discovery requests are necessary.
WOOD, SMITH, HENNING & BERMAN LLP
Attorneys at Law 10960 WILSHIRE BOULEVARD, 18TH FLOOR LOS ANGELES, CALIFORNIA 90024-3804 TELEPHONE [phone] FAX [phone]

12 This Stipulation is not a waiver of rights to request additional discovery. 13 15 NOW, THEREFORE, the parties to this action, through their 1.) For the period prior from March 15, 2011 until the July 13, 2011 14 undersigned counsel stipulate and ask the Court to enter its order as follows: 16 Case Management Conference each party will be allowed to serve no more 17 than ten (10) requests for production of documents, twenty (20) requests for 18 admission and fifteen (15) interrogatories on each other party. 19 2.) The written discovery requests will be served on a rolling 20 schedule with the Stewart Defendants serving the initial set, followed by 21 Plaintiffs and then, to the extent necessary, the other parties. 22 3.) The parties will not schedule, request or notice any depositions 23 until the need for depositions is discussed with the Court during the July 13, 24 2011 Case Management Conference, or by making an application to the 25 Court setting forth the reasons why a deposition(s) should be scheduled 26 before July 13, 2011. 27 28
LEGAL:05971-0037/1624340.1

JOINT STIPULATION REGARDING SCOPE OF DISCOVERY AND ANY LIMITATIONS ON DISCOVERY TOOLS FOR THE PERIOD PRIOR TO MEDIATION DEADLINE

-3-

1 2 3 4 SIGNATURES UNDER GENERAL ORDER NO. 45 Pursuant to General Order No. 45 of the United States District

5 Court, Northern District of California, I, Matthew O. Kovacs -- the ECF User 6 whose User ID and Password are used in the filing of this document -7 hereby attest that the concurrence of the filing of this document has been 8 obtained from each of the other signatories to this document. 9 10 DATED: March 15, 2011 11
WOOD, SMITH, HENNING & BERMAN LLP
Attorneys at Law 10960 WILSHIRE BOULEVARD, 18TH FLOOR LOS ANGELES, CALIFORNIA 90024-3804 TELEPHONE [phone] FAX [phone]

WOOD, SMITH, HENNING & BERMAN LLP

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
LEGAL:05971-0037/1624340.1

/s/ Matthew O. Kovacs MATTHEW O. KOVACS Attorneys for Defendants and Cross-Defendants, JEANNE STEWART, JEANNE'S HAMLIN CLEANERS, JEANNE STEWART dba HAMLIN CLEANERS (erroneously sued as Hamlin Cleaners), and TOMMY LEE STEWART

By:

JOINT STIPULATION REGARDING SCOPE OF DISCOVERY AND ANY LIMITATIONS ON DISCOVERY TOOLS FOR THE PERIOD PRIOR TO MEDIATION DEADLINE

-4-

1 DATED: March 15, 2011 2 3 4 5 6 7 8 9 10 11
WOOD, SMITH, HENNING & BERMAN LLP
Attorneys at Law 10960 WILSHIRE BOULEVARD, 18TH FLOOR LOS ANGELES, CALIFORNIA 90024-3804 TELEPHONE [phone] FAX [phone]

By:/S/ Leonard A. Gross LEONARD A. GROSS Attorneys for Defendants Leonard A. Gross and Leonard A. Gross Professional Corporation DATED: March 15, 2011 WOOD SMITH HENNING & BERMAN

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

DATED: March 15, 2011

By:/S./ Matthew O. Kovacs DAVID F. WOOD MATTHEW O. KOVACS Attorneys for Defendants Jeanne Stewart, Jeanne's Hamlin Cleaners, Jeanne Stewart dba Hamlin Cleaners and Tommy Lee Stewart FELDMAN LAW GROUP

By:/S/ Aaron R. Feldman AARON R. FELDMAN Attorneys for Cross-Defendant Joy Lou Monroe DATED: March 15, 2011 OPPER & VARCO LLP

By: /S/ Linda C. Beresford LINDA C. BERESFORD SUZANNE R. VARCO Attorneys for Cross-Defendant Scott Monroe

LEGAL:05971-0037/1624340.1

JOINT STIPULATION REGARDING SCOPE OF DISCOVERY AND ANY LIMITATIONS ON DISCOVERY TOOLS FOR THE PERIOD PRIOR TO MEDIATION DEADLINE

-5-

1 Dated: March 15, 2011 2 3 4 5 6 DATED: March 15, 2011 7 8 9 10 11
WOOD, SMITH, HENNING & BERMAN LLP
Attorneys at Law 10960 WILSHIRE BOULEVARD, 18TH FLOOR LOS ANGELES, CALIFORNIA 90024-3804 TELEPHONE [phone] FAX [phone]

ARMSTRONG & ASSOCIATES

By:/S/ Amber Rae WILLIAM H. ARMSTRONG AMBER RAE Attorneys for Defendants Martino Family Trust HANSON BRIDGETT LLP

12 13 14 15 16 17

By:/S/ John T. Cu CATHERINE W. JOHNSON MICHAEL J. VAN ZANDT JOHN T. CU SOPHIA B. BELLOLI Attorneys for Plaintiff Golden Gate Way, LLC and Cross-Defendants William and Yolanda Peacock

18 PURSUANT TO STIPULATION AND THE COURT'S AMENDMENT TO PROVISION (3), 19 IT IS SO ORDERED. 20 21 22
S
S DISTRICT TE C TA

RT U O

UNIT ED

DATED this _17__ day of _March_____, 2011 ________________________________ Honorable Donna M. Ryu Magistrate Judge ofothea Federal District M. Ryu D nn 23 udge Court for theJNorthern District of California E 24

25 26 27 28
LEGAL:05971-0037/1624340.1

RN

F D IS T IC T O R

JOINT STIPULATION REGARDING SCOPE OF DISCOVERY AND ANY LIMITATIONS ON DISCOVERY TOOLS FOR THE PERIOD PRIOR TO MEDIATION DEADLINE

-6-

A

C

LI

FO

R NIA

OO IT IS S

RDERE

D

NO

RT

H