POGA MGMT PTNRS LLC v. Medfiler LLC et al
Filing
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ORDER by Judge Saundra Brown Armstrong Granting 52 Stipulation TO AMEND ORDER FOR PRETRIAL PREPARATION. (ndr, COURT STAFF) (Filed on 5/30/2014)
Case4:12-cv-06087-SBA Document52 Filed05/29/14 Page1 of 3
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[Counsel are listed on signature page]
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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POGA MGMT PTNRS LLC,
Case Number: C 12-06087 SBA
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Plaintiff,
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v.
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MEDFILER LLC, d/b/a RPG
CONSULTANTS, ALVIN RAPP, EVAN
RAPP, AND DOES 1-20,
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STIPULATION AND [PROPOSED]
ORDER TO AMEND ORDER FOR
PRETRIAL PREPARATION
Trial Date: December 8, 2014
Defendants.
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STIPULATION AND PROPOSED ORDER TO AMEND THE ORDER FOR PRETRIAL PREPARATION
C 12-06087 SBA
Case4:12-cv-06087-SBA Document52 Filed05/29/14 Page2 of 3
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Whereas defendants’ motion to dismiss the operative complaint under FED. R. CIV. P.
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12(b)(2) and 12(b)(6) (Docket No. 41) is pending before the Court, and has been fully briefed
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since December 2013.
Whereas, the parties held an Early Neutral Evaluation before mediator George C. Harris on
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February 5, 2014.
Whereas, based on the assessment of George C. Harris the parties have collected
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information designed to assist in settlement negotiations.
Whereas defendants have served requests for production on plaintiff, but plaintiff requires
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additional time to produce documents sought by the requests.
Whereas defendants have served notices of deposition on plaintiff and its principal,
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Michael Gamboa, but plaintiff cannot make itself or Michael Gamboa available for deposition
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before June 3, 2014.
Whereas, under the existing Pretrial Order (Docket No. 35), the deadline for non-expert
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discovery to be completed is currently set for June 3, 2014.
Whereas, the parties have met and conferred and wish to ask the Court to amend the
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existing Pretrial Order to allow additional time for further discovery and productive settlement
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discussions.
THE PARTIES HEREBY REQUEST THAT THE COURT AMEND ITS PRETRIAL
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ORDER AS FOLLOWS:
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The deadline for non-expert discovery will be extended to September 3,
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The deadline for expert designation will be September 3, 2014 and expert
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discovery shall be completed by October 20, 2014.
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All dispositive motions shall be heard on or before November 29, 2014.
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The parties must meet and confer prior to filing any motion. The movant shall certify to the Court
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in its moving papers that it has complied with this requirement. Should the parties fail to meet and
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confer, the Court may decline to entertain the motion.
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STIPULATION AND PROPOSED ORDER TO AMEND THE ORDER FOR PRETRIAL PREPARATION
C 12-06087 SBA
Case4:12-cv-06087-SBA Document52 Filed05/29/14 Page3 of 3
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the following time period: November 25, 2014 – January 24, 2015.
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Pretrial preparation, as outlined in the Court’s pretrial order (Doc. 35) shall
be completed by January 28, 2015.
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The pretrial conference will be continued to March 2, 2015. All parties
with settlement authority are required to attend the pretrial conference.
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The parties shall participate in a mandatory settlement conference during
Motions in limine shall be filed by February 4, 2015. Oppositions are due
on February 11, 2015. Replies are due February 18, 2015.
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Trial before the jury will begin on March 9, 2015 at 8:30 a.m.
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Dated: May 29, 2014
CURIALE WILSON LLP
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/s/ Joseph C. Wilson
JOSEPH C. WILSON
Attorneys for Plaintiff
POGA MGMT PTNRS LLC
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Dated: May 29, 2014
KASOWITZ, BENSON, TORRES &
FRIEDMAN LLP
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/s/ Jason S. Takenouchi
JASON S. TAKENOUCHI
Attorneys for Defendants MEDFILER LLC,
d/b/a RPG CONSULTANTS, ALVIN RAPP,
and EVAN RAPP
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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Dated: May
30, 2014
Hon. Saundra Brown Armstrong
United States District Court Judge
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STIPULATION AND PROPOSED ORDER TO AMEND THE ORDER FOR PRETRIAL PREPARATION
C 12-06087 SBA
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