King et al v. Sam Holdings, LLC et al

Filing 55

STIPULATION AND ORDER Granting Request for Extension for Discovery Deadlines and Deadline to File/Serve Dispositive Motions re 50 Stipulation. Signed by Judge Edward J. Davila on 10/6/2011. (ecg, COURT STAFF) (Filed on 10/6/2011)

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MELANIE M. NORVELL, ESQ.
Admitted Pro Hac Vice
BOVIS, KYLE & BURCH, LLC
200 Ashford Center North, Suite 500
Atlanta, GA 30328
Telephone: [phone]

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STEVE W. DOLLAR, ESQ. (SBN 104365)
ERICKSEN ARBUTHNOT
152 North Third Street, Suite 700
San Jose, CA 95112
Telephone: [phone]
Facsimile: 408-286-0337
E-mail: [e-mail]

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Attorneys for Defendants
SAM HOLDINGS, LLC, HANDSON VENTURES,
LLC, RUSTIC CANYON, LLC and HOV GLOBAL
SERVICES LTD.

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ROBERT S. NELSON (SBN 220984)
DANIELLE L. TIZOL (SBN 259702)
NELSON LAW GROUP
900 Cherry Avenue, Suite 300
San Bruno, CA 94066
[phone] (phone)
[phone] (fax)
[e-mail]
H. CLYDE LONG (SBN 102148)
LONG LAW OFFICES
950 Risa Road, 2nd Floor
Lafayette, CA 94549
[phone] (phone)
[phone] (fax)
[e-mail]
Attorneys for Plaintiffs
EDDIE KING, DEBBIE KING, BILLY RAY
PITCHER, and JOHN W. MALONEY

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
EDDIE KING, an individual; DEBBIE
KING, an individual; BILLY RAY
PITCHER, an individual; and JOHN W.
MALONEY, an individual,
Plaintiff,

Case No. 5:10-cv-04706 EJD HRL
JOINT STIPULATION AND PROPOSED ORDER
GRANTING REQUEST OF COUNSEL FOR
PLAINTIFFS AND DEFENDANTS TO EXTEND
THE DEADLINES TO COMPLETE FACT
DISCOVERY AND FILE/SERVE DISPOSITIVE
MOTIONS FOR SIXTY DAYS.
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JOINT STIPULATION

Case No. 5:10-CV-04706 EJD HRL

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v.

Judge: District Judge Edward J. Davila

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SAM HOLDINGS, LLC, a limited liability
company; HANDSON VENTURES, LLC,
a limited liability company; RUSTIC
CANYON LLC and HOV GLOBAL
SERVICES LTD,

Fact Discovery Deadline:
October 19, 2011
Deadline to File/Serve Dispositive Motions:
October 31, 2011

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Defendants.
___________________________________
SAM HOLDINGS, LLC, a limited liability
company,

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Counter-Claimant,
v.
EDDIE KING, an individual; DEBBIE
KING, an individual; BILLY RAY
PITCHER, an individual; and JOHN W.
MALONEY, an individual,

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Counter-Defendants.
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TO ALL PARTIES AND COUNSEL OR RECORD:

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IT IS HEREBY STIPULATED by and between Plaintiffs, EDDIE KING, DEBBIE

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KING, BILLY RAY PITCHER and JOHN W. MALONEY (“Plaintiffs”), by and through their

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undersigned counsel, and Defendants, SAM HOLDINGS, LLC, HANDSON VENTURES, LLC,

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RUSTIC CANYON, LLC, and HOV GLOBAL SERVICES LTD (“Defendants”), by and through

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their undersigned counsel, that the existing deadlines to complete fact discovery and to file/serve

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dispositive motions be extended by sixty (60) days for the purpose of allowing each party to take
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additional depositions as follows:
1.

The Court previously entered its Stipulation And Order To Modify Case

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Management Scheduling Order on August 10, 2011 modifying certain deadlines, including the

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deadlines to complete fact discovery and file/serve dispositive motions. [Docket No. 29]. The

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existing deadline to complete fact discovery is October 19, 2011, and the deadline to file/serve

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dispositive motions is October 31, 2011.

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-2JOINT STIPULATION

Case No. 5:10-CV-04706 EJD HRL

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2.

Counsel for all parties agree to extend the fact discovery deadline for sixty (60)

days to allow for the taking of additional depositions that have not yet been taken and to take a
second deposition of Peter Grossman if allowed. Counsel and parties have diligently pursued

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discovery and have taken many depositions. However, parties and witnesses are located in
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various geographical areas and there are additional depositions that need to be taken, additional
documents to be produced, and interrogatories that remain outstanding.
3.

Counsel for all parties further agree that the deadline for filing dispositive motions

should be extended by sixty (60) days because the additional depositions and discovery will
impact the need for and facts associated with any dispositive motions.
4.

The Court previously vacated the trial date in this action and counsel do not expect

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that trial will take place for many months.
It is respectfully requested that the above requests for extension of Court ordered

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deadlines be granted and notice sent to all parties regarding the new deadlines to complete fact

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discovery and file/serve dispositive motions.

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Respectfully submitted,

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Dated: September 30, 2011

NELSON LAW GROUP

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By:/s/ Robert S. Nelson
ROBERT S. NELSON

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Dated: September 30, 2011

LONG LAW OFFICES

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By:/s/ H. Clyde Long
H. CLYDE LONG

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JOINT STIPULATION

Case No. 5:10-CV-04706 EJD HRL

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Attorneys for Plaintiffs EDDIE KING,
DEBBIE
KING,
BILLY
RAY
PITCHER, and JOHN W. MALONEY

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Dated: September 30, 2011

ERICKSEN ARBUTHNOT

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By:/s/ Steve W. Dollar
STEVE W. DOLLAR

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Dated: September 30, 2011

BOVIS, KYLE & BURCH, LLC

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By:/s/ Melanie M. Norvell
MELANIE M. NORVELL
(Appearing Pro Hac Vice)

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Attorneys for Defendants SAM
HOLDINGS, LLC, HANDSON
VENTURES, LLC, RUSTIC CANYON,
LLC and HOV GLOBAL SERVICES
LTD.

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ORDER OF THE COURT
PURSUANT TO STIPULATION, IT IS SO ORDERED.
October 6
Dated: ____________, 2011

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__________________________________________
JUDGE, UNITED STATES DISTRICT COURT

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-4JOINT STIPULATION

Case No. 5:10-CV-04706 EJD HRL