Rainbow Business Solutions et al v. Merchant Services, Inc et al

Filing 482

ORDER by Judge Claudia Wilken Granting #480 Stipulation to Reset Deadlines for Expert Disclosure. (ndr, COURT STAFF) (Filed on 2/21/2013)

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ROD O. DIVELBISS (SBN 102345)
[e-mail]
JRA LAW PARTNERS, LLP
(FORMERLY COLLETTE ERICKSON
FARMER & O'NEILL LLP)
235 PINE STREET, SUITE 1300
SAN FRANCISCO, CA 94104
TELEPHONE: [phone]
FACSIMILE: [phone]

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SCOTT E. SILBERFEIN (Pro Hac Vice)
JENNIFER NIGRO (Pro Hac Vice)
MOSES & SINGER LLP
The Chrysler Building
405 Lexington Avenue
New York, New York 10174-1299
Telephone: [phone]
Facsimile:
[phone]

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Attorneys for Defendants Northern Leasing Systems, Inc., MBF
Leasing, LLC, Northern Funding, LLC, SKS Associates, LLC, Jay
Cohen, Sara Krieger, Leonard Mezei and Sam Buono

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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JUST FILM, INC.; ET AL.,

CASE NO. CV 10-01993 CW

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Plaintiffs,

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JOINT STIPULATION AND ORDER TO
RESET DEADLINES FOR EXPERT
DISCLOSURE

v.

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MERCHANT SERVICES, INC.; ET AL.,

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Defendants.

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CaseNo.C10-1993CW

JOINT STIPULATION AND ORDER TO RESET DEADLINES FOR EXPERT DISCLOSURE

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WHEREAS, pursuant to the Stipulation dated April 24, 2012 (dkt. # 363) and the Order

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dated April 30, 2012 (dkt # 367) (the “April 2012 Order”) the deadlines for expert disclosure

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and/or reports is February 22, 2013; rebuttal disclosure and/or reports is March 22, 2013; the

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completion of fact and expert discovery is April 19, 2013; and the Case-Dispositive Motion

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Hearing and Case Management Conference is June 27, 2013;

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WHEREAS, the Order was made before Plaintiffs' motion for leave to file a third amended

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complaint, which was ultimately granted, in part, and denied in part, via order dated December 6,

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2012 (dkt # 427) (the “December 2012 Order”), pursuant to which the Court reset the previously

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vacated deadlines for opposition to Plaintiffs’ pending motion for class certification as follows:

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Plaintiffs’ amended motion for class certification due December 13, 2012; Defendants’ opposition

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to Plaintiffs’ amended motion for class certification due January 24, 2013 (thereafter extended to

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January 31, 2013 (dkt # 434)); Plaintiffs’ reply due February 14, 2013; with a hearing on

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Plaintiffs’ motion for class certification, and case management conference, on March 7, 2013.

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WHEREAS, under the December 2102 Order, a new case management statement is due on

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or before February 28, 2013, which is four days after the current deadline for expert disclosures

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under the February 2012 Order.

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WHEREAS, in light of the foregoing and to afford the parties adequate time to prepare

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expert disclosure and reports relevant to any and all issues that may require expert opinion(s) and

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discovery thereon, the parties have agreed to extend the current schedule governing expert

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disclosure as follows:

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

Expert disclosure and/or reports from February 22, 2013 to September 12, 2013

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rebuttal disclosure and/or reports from March 22, 2013 to October 24, 2013

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completion of fact and expert discovery from April 19, 2013 to November 21,

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2013
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Case-Dispositive Motion Hearing and Case Management Conference from June

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27, 2013 to March 14, 2014;

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WHEREAS, three prior extensions with respect to deadlines set forth above have been

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CaseNo.C10-1993CW

JOINT STIPULATION AND ORDER TO RESET DEADLINES FOR EXPERT DISCLOSURE

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made;  

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WHEREAS, the parties intend for March 7, 2013 Case Management Conference and Class

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Certification hearing to remain as scheduled;

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NOW, THEREFORE, IT IS STIPULATED, by and between the undersigned parties

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through their respective counsel of record, that the Court modify the April 2012 Order as follows:

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

Expert disclosure and/or reports due September 12, 2013;

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

rebuttal disclosure and/or reports due October 24, 2013;

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completion of fact and expert discovery by November 21, 2013; and

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

Case-Dispositive Motion Hearing and Case Management Conference from June

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27, 2013 to March 14, 2014.

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DATED: February 15, 2013

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Respectfully submitted,

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MOSES & SINGER LLP
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By
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/s/ Jennifer Nigro
Jennifer Nigro

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Attorneys for Defendants Northern Leasing
Systems, Inc., MBF Leasing, LLC, Northern
Funding, LLC, SKS Associates, LLC,
Jay Cohen, Sara Krieger, Leonard Mezei and
Sam Buono

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Scott E. Silberfein (pro hac vice)
Jennifer Nigro (pro hac vice)
Moses & Singer LLP

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Rod O. Divelbiss
Collette Erickson Farmer & O’Neill LLP

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JONES DAY

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By: /s/CaryD.Sullivan
Cary D. Sullivan

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Attorneys for defendants Merchant Services,
Inc., Universal Card, Inc., National Payment

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CaseNo.10-0-1993CW

JOINT STIPULATION AND ORDER TO RESET DEADLINES FOR EXPERT DISCLOSURE

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Processing, Inc., Universal Merchant
Services, LLC, Jason Moore, Robert Parisi,
Nathan Jurczyk, Eric Madura,
and Alicyn Roy

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BROWN, WEGNER & BERLINER LLP

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By: /s/MatthewK.Wegner
Matthew K. Wegner

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Attorneys for defendant Fiona Walshe

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GUTRIDE SAFIER LLP

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By:

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/s/ Kristen Simplicio
Kristen Simplicio, Esq.

Attorneys for Plaintiffs

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CaseNo.10-0-1993CW

JOINT STIPULATION AND ORDER TO RESET DEADLINES FOR EXPERT DISCLOSURE

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IT IS SO ORDERED. Case-Dispositive Motion Hearing and Case Management Conference

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will be held on Thursday, March 13, 2014, at 2:00 p.m.

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DATED: 2/21/2013

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CaseNo.10-0-1993CW

JOINT STIPULATION AND ORDER TO RESET DEADLINES FOR EXPERT DISCLOSURE