Ford Motor Credit Companym, LLC v. Lewis Family Enterprises, Inc.

Filing 84

ORDER re 83 Stipulation, filed by Steven Robert Lewis, Lewis Family Enterprises, Inc. Signed by Judge Richard Seeborg on 9/17/08. (rssec, COURT STAFF) (Filed on 9/17/2008)

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DAVID J. STOCK (SBN 85655) JON A. HEABERLIN (SBN 199810) R A N K IN , LANDSNESS, LAHDE, S E R V E R IAN & STOCK 96 North Third Street, Suite 500 San Jose, California 95112 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants and Counterclaimants LEW IS FAMILY ENTERPRISES, INC. and STEVEN ROBERT LEWIS

*E-FILED 9/17/08*

UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) ) ) Plaintiff, ) ) vs. ) ) LEW IS FAMILY ENTERPRISES, ) INC., dba BOB LEWIS LINCOLN ) MERCURY, a California corporation, ) and STEVEN ROBERT LEWIS, an ) individual, ) ) Defendants. ) ) ) ) LEW IS FAMILY ENTERPRISES, ) INC., dba BOB LEWIS LINCOLN ) MERCURY, a California corporation, ) and STEVEN ROBERT LEWIS, an ) individual, ) ) Counterclaimants, ) ) vs. ) ) FORD MOTOR CREDIT COMPANY, ) LLC, a Delaware Limited Liability ) Company; FORD MOTOR COMPANY, ) a Delaware corporation; CAPITOL ) EXPRESSW AY FORD, INC., a ) Delaware corporation; and DOES 1 ) through 10, inclusive, ) ) Counterdefendants. ) ) FORD MOTOR CREDIT COMPANY, LLC, a Delaware Limited Liability Company, Case No.: C 07-03301 RS STIPULATED REQUEST FOR ORDER CHANGING TIME FOR NON-EXPERT DISCOVERY CUTOFF AND EXPERT DISCOVERY (CIV. LOCAL RULE 6-2) AND ORDER Trial: June 15, 2009

1 S T I P U L A T E D REQUEST FOR ORDER CHANGING TIM E FOR NON-EXPERT DISCOVERY CUTOFF AND E X P E R T DISCOVERY (CIV. LOCAL RULE 6-2) - C 07-03301 RS

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PURSUANT TO CIVIL LOCAL RULE 6-2, THE PARTIES HEREBY STIPULATE, THROUGH COUNSEL OF RECORD: 1. The present non-expert discovery cutoff is October 1, 2008. The parties agree to a

60-day continuance of the discovery cutoff until December 1, 2008. This extension is to allow the parties to complete additional discovery which is necessary, as well as afford the parties an opportunity to explore private mediation before incurring the expense and attorney's fees attendant to the balance of discovery which remains. 2. The parties agree that expert disclosure and discovery will occur as follows: a. On or before January 5, 2009, Plaintiff shall disclose expert testimony and

reports in accordance with Rule 26(a)(2), F.R.Civ.P. b. On or before January 20, 2009, Defendants shall disclose expert testimony

and reports in accordance with Rule 26(a)(2), F.R.Civ.P. c. On or before March 16, 2009, all discovery of expert witnesses pursuant to

Rule 26(a)(4), F.R.Civ.P., shall be completed. 3. The parties agree that other dates will remain in place, including the last day for

mediation (November 3, 2008), hearing of pretrial motions (April 29, 2009), and the pretrial conference (June 3, 2009) and trial (June 15, 2009) dates. 4. This is the first request for alteration of any dates in the Court's Case Management

Order of February 27, 2008. Dated: September 16, 2008 RANKIN, LANDSNESS, LAHDE, SERVERIAN & STOCK

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By: /s/ Jon A. Heaberlin JON A. HEABERLIN Attorneys for Defendants, Counterclaimants LEWIS FAMILY ENTERPRISES, INC. and STEVEN ROBERT LEWIS

2 S T I P U L A T E D REQUEST FOR ORDER CHANGING TIM E FOR NON-EXPERT DISCOVERY CUTOFF AND E X P E R T DISCOVERY (CIV. LOCAL RULE 6-2) - C 07-03301 RS

1 DATED:/s/ September 16, 2008 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DATED: 26 27 28
3 S T I P U L A T E D REQUEST FOR ORDER CHANGING TIM E FOR NON-EXPERT DISCOVERY CUTOFF AND E X P E R T DISCOVERY (CIV. LOCAL RULE 6-2) - C 07-03301 RS

SEVERSON & WERSON, P.C.

By: /s/ Donald H. Cram, III DONALD H. CRAM, III, ESQ. Attorneys for Plaintiff FORD MOTOR CREDIT CO., LLC and Counter-Defendant FORD MOTOR COMPANY, INC. DATED: /s/ September 16, 2008 GORDON & REES, LLP

By: /s/ Brian P. Maschler BRIAN P. MASCHLER, ESQ. Attorneys for Counter-Defendant CAPITOL EXPRESSW AY FORD ORDER THE PARTIES HAVING STIPULATED, all non-expert discovery shall now be completed on or before December 1, 2008. Expert disclosure and discovery will occur as follows: a. On or before January 5, 2009, Plaintiff shall disclose expert testimony and

reports in accordance with Rule 26(a)(2), F.R.Civ.P. b. On or before January 20, 2009, Defendants shall disclose expert testimony

and reports in accordance with Rule 26(a)(2), F.R.Civ.P. c. On or before March 16, 2009, all discovery of expert witnesses pursuant to

Rule 26(a)(4), F.R.Civ.P., shall be completed. All other dates and deadlines will remain as currently set.

IT IS SO ORDERED. 9/17/08 MAGISTRATE JUDGE OF THE U.S. DISTRICT COURT