POGA MGMT PTNRS LLC v. Medfiler LLC et al

Filing 53

ORDER by Judge Saundra Brown Armstrong Granting 52 Stipulation TO AMEND ORDER FOR PRETRIAL PREPARATION. (ndr, COURT STAFF) (Filed on 5/30/2014)

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Case4:12-cv-06087-SBA Document52 Filed05/29/14 Page1 of 3 1 2 [Counsel are listed on signature page] 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 POGA MGMT PTNRS LLC, Case Number: C 12-06087 SBA 12 Plaintiff, 13 v. 14 15 MEDFILER LLC, d/b/a RPG CONSULTANTS, ALVIN RAPP, EVAN RAPP, AND DOES 1-20, 16 STIPULATION AND [PROPOSED] ORDER TO AMEND ORDER FOR PRETRIAL PREPARATION Trial Date: December 8, 2014 Defendants. 17 18 19 20 21 22 23 24 25 26 27 28 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 1 Whereas defendants’ motion to dismiss the operative complaint under FED. R. CIV. P. 2 12(b)(2) and 12(b)(6) (Docket No. 41) is pending before the Court, and has been fully briefed 3 since December 2013. Whereas, the parties held an Early Neutral Evaluation before mediator George C. Harris on 4 5 February 5, 2014. Whereas, based on the assessment of George C. Harris the parties have collected 6 7 information designed to assist in settlement negotiations. Whereas defendants have served requests for production on plaintiff, but plaintiff requires 8 9 additional time to produce documents sought by the requests. Whereas defendants have served notices of deposition on plaintiff and its principal, 10 11 Michael Gamboa, but plaintiff cannot make itself or Michael Gamboa available for deposition 12 before June 3, 2014. Whereas, under the existing Pretrial Order (Docket No. 35), the deadline for non-expert 13 14 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 15 16 existing Pretrial Order to allow additional time for further discovery and productive settlement 17 discussions. THE PARTIES HEREBY REQUEST THAT THE COURT AMEND ITS PRETRIAL 18 19 ORDER AS FOLLOWS: 1. 21 22 23 24 The deadline for non-expert discovery will be extended to September 3, 2. 20 The deadline for expert designation will be September 3, 2014 and expert 2014. discovery shall be completed by October 20, 2014. 3. All dispositive motions shall be heard on or before November 29, 2014. 25 The parties must meet and confer prior to filing any motion. The movant shall certify to the Court 26 in its moving papers that it has complied with this requirement. Should the parties fail to meet and 27 confer, the Court may decline to entertain the motion. 28 2 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 4. 1 2 the following time period: November 25, 2014 – January 24, 2015. 5. 3 4 6. Pretrial preparation, as outlined in the Court’s pretrial order (Doc. 35) shall be completed by January 28, 2015. 7. 7 8 The pretrial conference will be continued to March 2, 2015. All parties with settlement authority are required to attend the pretrial conference. 5 6 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. 8. 9 Trial before the jury will begin on March 9, 2015 at 8:30 a.m. 10 11 Dated: May 29, 2014 CURIALE WILSON LLP 12 /s/ Joseph C. Wilson JOSEPH C. WILSON Attorneys for Plaintiff POGA MGMT PTNRS LLC 13 14 15 Dated: May 29, 2014 KASOWITZ, BENSON, TORRES & FRIEDMAN LLP 16 /s/ Jason S. Takenouchi JASON S. TAKENOUCHI Attorneys for Defendants MEDFILER LLC, d/b/a RPG CONSULTANTS, ALVIN RAPP, and EVAN RAPP 17 18 19 20 PURSUANT TO STIPULATION, IT IS SO ORDERED. 21 22 23 Dated: May 30, 2014 Hon. Saundra Brown Armstrong United States District Court Judge 24 25 26 27 28 3 STIPULATION AND PROPOSED ORDER TO AMEND THE ORDER FOR PRETRIAL PREPARATION C 12-06087 SBA

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