Vigdor et al v. Super Lucky Casino, Inc. et al

Filing 96

ORDER Granting 94 REQUEST TO EXTEND CASE DEADLINES: Close of Fact Discovery due by 6/29/2018; Dispositive Motion due by 8/17/2018; Responses due by 8/31/2018; Replies due by 9/7/2018; Motion Hearing set for 9/27/2018 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr.; Motions due by 11/6/2018; Final Pretrial Conference set for 11/27/2018 03:00 PM in Oakland, Courtroom 2, 4th Floor; and Jury Selection /Jury Trial set for 12/10/2018 08:30 AM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. Signed by Judge Haywood S. Gilliam, Jr. on 4/25/2018. (ndrS, COURT STAFF) (Filed on 4/25/2018)

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KEKER, VAN NEST & PETERS LLP
BENEDICT Y. HUR - # 224018
[e-mail]
JULIA L. ALLEN - # 286097
[e-mail]
SHAYNE HENRY - # 300188
[e-mail]
SARAH SALOMON - # 308770
[e-mail]
633 Battery Street
San Francisco, CA 94111-1809
Telephone:
415 391 5400
Facsimile:
415 397 7188
Attorneys for Defendant
SUPER LUCKY CASINO INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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DAN VIGDOR, an individual; STEPHEN
BRADWAY, an individual,

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Plaintiffs,
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Case No. 4:16-cv-5326 HSG
JOINT GOOD CAUSE STATEMENT,
REQUEST AND ORDER TO EXTEND
CASE DEADLINES

v.
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Judge:

Hon. Haywood S. Gilliam, Jr.

Date Filed: September 1, 2016

Defendants.

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SUPER LUCKY CASINO INC., a
California corporation (formerly known as
12 GIGS, INC.); DOES 1-50, inclusive,

Trial Date: September 17, 2018

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JOINT GOOD CAUSE STATEMENT, REQUEST AND ORDER TO EXTEND CASE DEADLINES
Case No. 4:16-cv-5326 HSG
1268935

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The undersigned parties to this action, by and through their undersigned counsel, hereby

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request that the Court amend the case schedule as follows and provide the following

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particularized reasons showing good cause for the requested changes pursuant to the Court’s

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Standing Order for Civil Cases:

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On August 4, 2017, the parties stipulated to and the Court ordered a case schedule.

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Dkt. 64. On January 16, 2018, Plaintiffs filed a motion for leave to file a Fourth Amended

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Complaint that adds seven new causes of action and two individual defendants, Dkt. 82, which

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the Court granted on April 13, 2018, Dkt. 91. The new claims in the Fourth Amended Complaint

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include breach of contract, fraudulent concealment, conversion, libel, intentional interference

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with contractual relations, breach of fiduciary duty, and breach of the implied covenant of good

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faith and fair dealing. See Dkt. 92-4. In response to the Court’s guidance at the hearing on

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Plaintiffs’ motion for leave to file a Fourth Amended Complaint, the parties met and conferred

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regarding the current case schedule.

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In light of the order granting Plaintiffs’ leave to file the Fourth Amended Complaint, the

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parties agree that additional discovery is necessary and hereby request to extend the trial date and

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related case deadlines approximately 90 days given the expanded scope of the case. Further, the

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parties agree that Defendants will not bring a motion to dismiss, but instead will combine their

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motion to dismiss with their summary judgment motion. Moreover, the parties agree that

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Defendants can each serve one set of written discovery requests (requests for production,

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interrogatories and requests for admission). The parties will then meet and confer to discuss

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whether further discovery is necessary for either party. The parties agree discovery will be

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limited to Defendants’ written discovery mentioned above unless otherwise stipulated after the

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meet and confer.

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IT IS HEREBY REQUESTED that, subject to the Court’s approval or setting of

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alternative dates consistent with the Court’s calendar, the following case schedule shall govern:

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Event
Deadline for Completion of Fact
Discovery

Current Deadline

Proposed New Deadline

N/A

June 29, 2018
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JOINT GOOD CAUSE STATEMENT, REQUEST AND ORDER TO EXTEND CASE DEADLINES
Case No. 4:16-cv-5326 HSG
1268935

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Dispositive Motions Filing Deadline

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Oppositions to Dispositive Motions
Filing Deadline
Replies In Support of Dispositive
Motions Filing Deadline

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Dispositive Motion Hearing Date

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Exchange Witness Lists and Citations
to Evidence
Motions in Limine Filing Deadline

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May 18, 2018

August 17, 2018

June 1, 2018

August 31, 2018

June 8, 2018

September 7, 2018

June 28, 2018 at 2:00 p.m.

September 27, 2018 at 2:00
p.m.

August 8, 2018

October 30, 2018

August 14, 2018

November 6, 2018

August 21, 2018

November 13, 2018

Pretrial Conference

September 4, 2018 at 3:00
p.m.

Trial

September 17, 2018 @ 8:30
a.m.

November 27, 2018 at 3:00
p.m.
December 10, 2018 @ 8:30

Joint Pretrial Statement and Proposed
Order, Proposed Jury Instructions, Voir
Dire Questions, Verdict Forms,
Statement of Case, Trial Briefs, and
Oppositions to MIL Filing Deadline

a.m.

Pursuant to Civil Local Rule 5-1(i)(3), the filer of this document attests that all signatories
have concurred in its filing.

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Dated: April 24, 2018

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KEKER, VAN NEST & PETERS LLP

By:

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/s/ Benedict Y. Hur
BENEDICT Y. HUR
JULIA L. ALLEN
SHAYNE HENRY
SARAH SALOMON

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Attorneys for Defendant
SUPER LUCKY CASINO INC.

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Dated: April 24, 2018

MICHELMAN & ROBINSON, LLP

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By:

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/s/ Marc R. Jacobs
SANFORD L. MICHELMAN
MARC R. JACOBS
ROBERT D. ESTRIN
Attorneys for Plaintiffs
DAN VIGDOR and
STEPHEN BRADWAY

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JOINT GOOD CAUSE STATEMENT, REQUEST AND ORDER TO EXTEND CASE DEADLINES
Case No. 4:16-cv-5326 HSG
1268935

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ORD
DER
Pursuant to the joi request of the parties and for goo cause sho
int
o
s,
od
own, the case schedule is

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am
mended as follows:
f

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Current Deadline
t

Pr
roposed New Deadline
w

N/A

Ju 29, 2018
une

May 18, 2018

Au
ugust 17, 2018

June 1, 2
2018

Au
ugust 31, 2018

June 8, 2
2018

Se
eptember 7, 2
2018

June 28, 2018 at 2:00 p.m.
0

Se
eptember 27, 2018 at 2:0
,
00
p.m
m.

8,
August 8 2018

Oc
ctober 30, 20
018

August 1 2018
14,

No
ovember 6, 2
2018

August 2 2018
21,

No
ovember 13, 2018
,

Pr
retrial Confer
rence

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Event
E
Deadline for Completion of Fact
D
Discovery
D
Dispositive Motions Filin Deadline
D
M
ng

Septemb 4, 2018 a 3:00
ber
at
p.m.

Trial
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Septembe 17, 2018 @ 8:30
er
a.m.

No
ovember 27, 2018 at 3:00
,
p.m
m.
De
ecember 10, 2018 @ 8:30
0

Oppositions to Dispositiv Motions
O
t
ve
Filing Deadline
Replies In Su
R
upport of Dis
spositive
Motions Filin Deadline
M
ng
Dispositive Motion Heari Date
D
M
ing
Exchange Wi
E
itness Lists and Citations
a
s
to Evidence
o
Motions in Li
M
imine Filing Deadline
g
Jo Pretrial Statement and Proposed
oint
S
d
Order, Propose Jury Instru
O
ed
uctions, Voir
Dire Questions Verdict For
D
s,
rms,
St
tatement of Case, Trial Briefs, and
C
Oppositions to MIL Filing Deadline
O
o
D

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a.m
m.

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IT IS SO OR
T
RDERED.

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Dated: April 25, 2018
D

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HON JUDGE H
N.
HAYWOOD S. GILLIA JR.
D
AM,
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JOINT GOOD CAUSE STATEMEN REQUEST AND ORDER TO EXTEND CASE DEA
G
E
NT,
T
R
D
ADLINES
Case No. 4:16
6-cv-5326 HSG
G
12689
935