J. Jason Reynolds v. Direct Flow Medical, Inc. et al

Filing 51

STIPULATION AND ORDER TO EXTEND CASE MANAGEMENT SCHEDULE re 50 . STIPULATION WITH PROPOSED ORDER to Extend Case Management Schedule and Conference filed by Gordon Bishop, John David Boyle, Yuval Binur, Paul LaViolette, Dan Lemaitre, Direct Flow Medical, Inc., J. Jason Reynolds. Amended Pleadings due by 4/3/2018. Case Management Statement due by 4/3/2018. Motions due by 6/25/2018. Replies due by 9/12/2018. Oppositions due by 8/13/2018. Further Case Management Conference set for 4/10/2018 01:30 PM in Oakland, Courtroom 4, 3rd Floor. Motion Hearing set for 11/1/2018 01:30 PM before Magistrate Judge Kandis A. Westmore. Signed by Magistrate Judge Kandis A. Westmore on 2/26/18. (sisS, COURT STAFF) (Filed on 2/26/2018)

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Steven M. Tindall (CA Bar No. 187862)
[e-mail]
Caroline Corbitt (CA Bar No. 305492)
[e-mail]
GIBBS LAW GROUP
505 14th Street, Suite 1110
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
John H. Douglas (CA Bar No. 178966)
DOUGLAS LAW OFFICES
[e-mail]
100 Pine Street, Suite 1250
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

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J. JASON REYNOLDS,
Plaintiff, on behalf of himself and all
others similarly situated,

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v.

Case No. 4:17-cv-00204-KAW
Hon. Kandis A. Westmore
JOINT STIPULATION AND [PROPOSED]
ORDER TO EXTEND CASE MANAGEMENT
SCHEDULE AND CONFERENCE

DIRECT FLOW MEDICAL, INC; DAN
LEMAITRE; JOHN DAVID BOYLE;
GORDON BISHOP; PAUL LAVIOLETTE;
and YUVAL BINUR,
Defendants.

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JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINES AND CMC
CASE NO. 4:17-cv-00204-KAW

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Pursuant to Federal Rule of Civil Procedure Rule 16(b)(4) and Local Rules 7, 7-12 and 16-2(d),

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Plaintiff J. Jason Reynolds and Defendants Direct Flow Medical, Inc. (“DFM”), Dan Lemaitre, John

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David Boyle, Gordon Bishop, Paul LaViolette, and Yuval Binur hereby stipulate and agree as follows:

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WHEREAS, the parties scheduled a mediation before mediator Cynthia Remmers for January
29, 2018;
WHEREAS, after all parties had submitted briefs in advance of the mediation, Defendants asked
to postpone the date of the mediation due to a recent change in counsel of one of their insurers;

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WHEREAS, Plaintiff agreed to this postponement;

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WHEREAS, the rescheduled mediation will take place on March 29, 2018;

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WHEREAS, Plaintiff may amend the complaint to add two additional potential defendants,
depending in part on the outcome of the mediation;
WHEREAS, the mediation will now take place several weeks after the currently scheduled
March 6, 2018 case management conference; and
WHEREAS, the parties need additional time to conduct discovery prior to Plaintiff’s motion for
class certification.

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NOW, THEREFORE, the parties hereby stipulate and agree, subject to the Court’s approval:

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1.

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3, 2018;
2.

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The deadline for Plaintiff to file for class certification shall be extended to June 25,
2018;

3.

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The deadline for filing any amended complaint in this action shall be extended to April

The deadline for Defendants to oppose class certification shall be extended to August 13,
2018;

4.

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The deadline for Plaintiff’s class certification reply shall be extended to September 12,
2018;

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5.

November 1, 2018 at 1:30 p.m.
The class certification motion shall be heard on ___________________________; and

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6.

The further case management conference currently scheduled for March 6, 2018 shall be

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continued to April 10, 2018 at 1:30 pm, with a joint case management conference

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statement due on April 3, 2018.
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JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINES AND CMC
CASE NO. 4:17-cv-00204-KAW

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A Proposed Order accompanies this stipulation.

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DATED: February 27, 2018

Respectfully submitted,

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GIBBS LAW GROUP LLP

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By:

/s/ Steven M. Tindall

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Steven M. Tindall
[e-mail]
Caroline Corbitt
[e-mail]
505 14th Street, Suite 1110
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]

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DOUGLAS LAW OFFICES
John H. Douglas
[e-mail]
100 Pine Street, Suite 1250
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
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Dated: February 27, 2018

ANDERIES & GOMES LLP

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By:

/s/ Allan J. Gomes

Allan J. Gomes (SBN 225810)
Shane K. Anderies (SBN 215415)
601 Montgomery St, Ste. 888
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendants Direct Flow Medical, Inc., Dan
Lemaitre, John David Boyle, Gordon Bishop, Paul
LaViolette, and Yuval Binur
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JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINES AND CMC
CASE NO. 4:17-cv-00204-KAW

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ATTESTATION OF E-FILED SIGNATURE

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I, Steven M. Tindall, am the ECF User whose ID and password are being used to file the

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foregoing JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND CASE

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MANAGEMENT SCHEDULE AND CONFERENCE. In compliance with Civil L.R. 5-1(i)(3), I

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hereby attest that the other signatories listed have concurred in this filing.

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Dated: February 27, 2018

By:

/s/ Steven M. Tindall

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[PROPOSED] ORDER MODIFYING CASE MANAGEMENT SCHEDULE AND

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CONFERENCE

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Pursuant to the Stipulation of the Parties, and good cause appearing therefor, the above
deadlines for this case are and will be so modified.

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IT IS SO ORDERED.

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Dated:

2/26/18

HONORABLE KANDIS A. WESTMORE
UNITED STATES MAGISTRATE JUDGE

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JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINES AND CMC
CASE NO. 4:17-cv-00204-KAW