Marsh & McLennan Agency, LLC v. Teros Advisors, LLC

Filing 40

ORDER by Judge Haywood S. Gilliam, Jr. Denying 39 Stipulation CONTINUING DATES. (ndrS, COURT STAFF) (Filed on 2/16/2021)

Case 4:20-cv-02679-HSG Document 40 Filed 02/16/21 Page 1 of 3

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MOUND COTTON WOLLAN & GREENGRASS, LLP
2200 P OWELL S TREET , S UITE 1050
E MERYVILLE , C ALIFORNIA 94608
T ELEPHONE : [phone] FACSIMILE : [phone]

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Jonathan Gross, State Bar No. 121010
[e-mail]
Lawrence Hecimovich, State Bar No. 129688
[e-mail]
MOUND COTTON WOLLAN & GREENGRASS, LLP
2200 Powell Street, Suite 1050
Emeryville, California 94608
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
TEROS ADVISORS, LLC
Benjamin Emmert
[e-mail]
LITTLER MENDELSON
50 West San Fernando St., 15th Floor
San Jose, CA 95113
Attorneys for Plaintiff
MARSH & MCLENNAN AGENCY, LLC

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
MARSH & MCLENNAN AGENCY, LLC, a Case No. 4:20-cv-02679-HSG
Delaware limited liability company,
STIPULATION AND ORDER DENYING
Plaintiff,
CONTINUING DATES
v.
TEROS ADVISORS, LLC, a California
limited liability company,
Defendant.
TEROS ADVISORS, LLC, a California
limited liability company,
Counter-Claimant,

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v.

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MMA Complaint Filed: April 17, 2020
Teros Counter-Claim Filed: September 8, 2020
Trial Date: November 15, 2021

MARSH & MCLENNAN AGENCY, LLC,
a Delaware limited liability company,

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Counter-Defendant.
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STIPULATION AND ORDER DENYING CONTINUING DATES
CASE NO. 4:20-CV-02679-HSG

Case 4:20-cv-02679-HSG Document 40 Filed 02/16/21 Page 2 of 3

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Plaintiff and Counter-Defendant MMA (“MMA”) and Defendant and Counter-Claimant

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Teros (“Teros”) (collectively “the Parties”) submit this stipulation and proposed order to continue

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all dates in this matter by three months based on the fact that the current discovery cut-off is prior

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to the first date on which Teros’s motion for judgment on the pleadings may be heard, based on the

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Court’s docket and schedule.
WHEREAS, MMA served its Complaint on Teros on July 10, 2020;

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WHEREAS, Teros filed its Answer and Counter-claim on September 8, 2020;

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WHEREAS, MMA filed its Answer to Teros’s Counter-claim on September 28, 2020;

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MOUND COTTON WOLLAN & GREENGRASS, LLP
2200 P OWELL S TREET , S UITE 1050
E MERYVILLE , C ALIFORNIA 94608
T ELEPHONE : [phone] FACSIMILE : [phone]

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WHEREAS, the Court set the last day to mediate the case for January 29, 2021 and the

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parties participated in a mediation on January 21, 2021 but were unable to resolve their disputes;

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WHEREAS, the Court set the discovery cut-off for March 31, 2021;

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WHEREAS, Teros intends to file a motion for judgment on the pleadings under FRCP

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12(c) by no later than February 12, 2021;

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WHEREAS, the earliest possible date that the motion for judgment on the pleadings may be
heard, based on the Court’s current docket, is May 6, 2021;

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WHEREAS, the parties wish to obtain a ruling on Teros’s motion prior to engaging in
discovery;

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THEREFORE, the parties stipulate to extend the cut-off dates for the above per the Court’s

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directive, as follows:

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Activity

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Fact Discovery Cut-off March 31, 2021

June 30, 2021

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Expert Reports

May 7, 2021

July 9, 2021

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Rebuttal Reports

May 21, 2021

August 20, 2021

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Close of Expert
Discovery

June 14, 2021

September 17, 2021

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Hear Dispositive
Motions

August 12, 2021

November 12, 2021

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Pre-Trial Conference

November 2, 2021

February 8, 2022

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Trial

November 15, 2021

February 22, 2022

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Current Date

Parties’ Proposal

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Court’s Modified Date

STIPULATION AND ORDER DENYING CONTINUING DATES
CASE NO. 4:20-CV-02679-HSG

Case 4:20-cv-02679-HSG Document 40 Filed 02/16/21 Page 3 of 3

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Dated: February 12, 2021

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By: /s/Lawrence Hecimovich
Jonathan Gross
Lawrence Hecimovich
Attorneys for TEROS ADVISORS, LLC

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Dated: February 12, 2021

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LITTLER MENDELSON
By: /s/Benjamin Emmert
Benjamin Emmert
Attorneys for MARSH & MCLENNAN
AGENCY LLC

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SIGNATURE ATTESTATION

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Pursuant to the Northern District of California’s Local Rule 5-1(i)(3), I attest that

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concurrence in the filing of the document has been obtained from each of the other Signatories.

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Dated: February 12, 2021
_/s/Lawrence Hecimovich___________________
Lawrence Hecimovich

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FO

LI

ER

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____________________________________
Hon. Haywood S. Gilliam,Gilliam Jr.
Jr.
ood S.
Judge of thedUnitedwStates District Court
e H ay
Ju g

RT

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D
DENIE

NO

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Dated: 2/16/2021

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A

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R NIA

IT IS SO ORDERED.

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S DISTRICT
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UNIT
ED

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MOUND COTTON WOLLAN & GREENGRASS, LLP
2200 P OWELL S TREET , S UITE 1050
E MERYVILLE , C ALIFORNIA 94608
T ELEPHONE : [phone] FACSIMILE : [phone]

MOUND COTTON WOLLAN & GREENGRASS
LLP

N

D IS T IC T
R

OF

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STIPULATION AND ORDER DENYING CONTINUING DATES
CASE NO. 4:20-CV-02679-HSG

C