CleanFish, LLC v. Sims et al

Filing 94

ORDER by Judge Haywood S. Gilliam, Jr. Granting 93 Stipulation RE MEDIATION AND TO CONTINUE DEADLINE TO COMPLETE FACT DISCOVERY. Close of Fact Discovery due by 4/2/2021; Designation of Experts due by 4/9/2021; Designation of Rebuttal Experts due by 4/16/2021; and Close of Expert Discovery due by 4/30/2021.(ndrS, COURT STAFF) (Filed on 2/16/2021)

Case 4:19-cv-03663-HSG Document 94 Filed 02/16/21 Page 1 of 3

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Richard W. Osman, State Bar No. 167993
Sheila D. Crawford, State Bar No. 278292
Henry B. Bernstein, State Bar No. 313730
BERTRAND, FOX, ELLIOT, OSMAN & WENZEL
The Waterfront Building
2749 Hyde Street
San Francisco, California 94109
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendants/Cross-Claimants
DALE SIMS and BUENA VISTA SEAFOOD LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CLEANFISH LLC, a Delaware limited liability
company,
Plaintiff,
v.
DALE SIMS, an individual, BUENA VISTA
SEAFOOD LLC, a California limited liability
company, ISLAND SEA FARMS, INC., a
Canadian corporation, NANCI DIXON, an
individual, and PAUL SIMPSON, an
individual.

Case No. 19-cv-03663-HSG
STIPULATION RE MEDIATION AND TO
CONTINUE DEADLINE TO COMPLETE FACT
DISCOVERY
ORDER
Judge: Haywood S. Gilliam, Jr.
Complaint Filed: June 24, 2019
Trial Date: Not Set

Defendants.
DALE SIMS and BUENA VISTA SEAFOOD
LLC,
Cross-Claimants,
v.
CLEANFISH LLC; and ROES 1-10, Inclusive,
Cross-Defendants.

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STIPULATION RE MEDIATION AND TO CONTINUE DEADLINE TO COMPLETE FACT DISCOVERY; ORDER
USDC Case No. 19-cv-03663-HSG

Case 4:19-cv-03663-HSG Document 94 Filed 02/16/21 Page 2 of 3

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WHEREAS, Plaintiff CLEANFISH, LLC (“Plaintiff”) initiated this case on June 25, 2019;

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WHEREAS, following a case management conference on September 1st, this court issued a

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scheduling order on October 27, 2020, setting trial for September 20, 2021, setting the close of fact

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discovery on February 19, 2021 and scheduling expert disclosures for February 26, 2021, rebuttal expert

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disclosures for March 12, 2021 and close of expert discovery for April 9, 2021. (Dkt. No. 89);

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WHEREAS, the parties have agreed to complete mediation in the near term and have selected
Judge Raul Ramirez of ADR Services, Inc., pending his availability for mediation;

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WHEREAS, the parties wish to attend mediation prior to conducting further discovery, including

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taking depositions of parties’ respective employees or exchanging expert disclosures, to avoid

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unnecessary expense and use of time;

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WHEREAS, the parties believe good cause exists to extend the date for close of fact discovery six

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weeks to April 2, 2021, and extend the date for expert disclosures by six weeks to April 9, 2021, extend

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the date for rebuttal experts by four weeks to April 16, 2021, and extend the date for the close of expert

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discovery three weeks to April 30, 2021 to allow the parties time to take depositions, disclose experts and

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take expert discovery as necessary in the event that mediation is unsuccessful;

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WHEREAS, this stipulation is not made for any improper purpose and will not prejudice any
party;

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WHEREAS, the requested modifications will not otherwise impact the schedule for the case.

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STIPULATION

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NOW, THEREFORE, Plaintiff and Defendants stipulate and agree as follows:

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1.

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2, 2021.
2.

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The deadline for expert disclosures shall be extended by six weeks from February 26,
2021 to April 9, 2021; and

3.

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The close of fact discovery shall be extended six weeks from February 19, 2021 to April

The deadline to disclose rebuttal experts shall be extended by four weeks to from March
12, 2021 to April 16, 2021;

4.

The close of expert discovery shall be extended by three weeks to April 9, 2021 to April
30, 2021.
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STIPULATION RE MEDIATION AND TO CONTINUE DEADLINE TO COMPLETE FACT DISCOVERY; ORDER
USDC Case No. 19-cv-03663-HSG

Case 4:19-cv-03663-HSG Document 94 Filed 02/16/21 Page 3 of 3

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5.

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That, by entering this Stipulation, the parties do not admit any factual allegation or legal
conclusion and do not waive any rights, defenses, affirmative defenses, or objections.

Dated: February 12, 2021

BERTRAND, FOX, ELLIOT, OSMAN & WENZEL
By:

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Dated: February 12, 2021

/s/ Richard W. Osman
Richard W. Osman
Attorney for Defendant/Cross-Claimants
DALE SIMS and BUENA VISTA SEAFOOD
LLC

D’AMATO LAW CORPORATION

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By:

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/s/ Thomas J. D’Amato
Thomas J. D’Amato
Attorney for Plaintiff CLEANFISH, LLC

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ELECTRONIC CASE FILING ATTESTATION

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I, Richard W. Osman, hereby attest that I have on file all holograph signatures for any signatures

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indicated by a conformed signature (“/s/”) within this E-filed document or have been authorized by

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counsel to show their signature on this document as /s/.

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Dated: February 12, 2021

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By: /s/ Richard W. Osman

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ORDER

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BERTRAND, FOX, ELLIOT, OSMAN & WENZEL

PURSUANT TO STIPULATION, IT IS SO ORDERED:

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1.

The close of fact discovery is hereby continued from February 19, 2021 to April 2, 2021.

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2.

The deadline for expert disclosures is hereby continued from February 26, 2021 to April
9, 2021;

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3.

April 16, 2021; and

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The deadline to disclose rebuttal experts is hereby continued from March 12, 2021 to

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The close of expert discovery is hereby continued from April 9, 2021 to April 30, 2021.

DATED: 2/16/2021
_________________________________
The Honorable Haywood S. Gilliam, Jr
United States District Court Judge

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STIPULATION RE MEDIATION AND TO CONTINUE DEADLINE TO COMPLETE FACT DISCOVERY; ORDER
USDC Case No. 19-cv-03663-HSG