Marble Bridge Funding Group, Inc v. Natures Own Pharmacy, LLC et al

Filing 110

ORDER GRANTING EXTENSION OF DISCOVERY DEADLINES. Fact Discovery cutoff 6/26/2014. Expert Discovery cutoff 7/27/2014. Motions terminated: (109 in 5:12-cv-01839-EJD) STIPULATION WITH PROPOSED ORDER to Extend Discovery Cut-Off Per Recommenda tion of Magistrate Judge Grewal filed by Marble Bridge Funding Group, Inc, (107 in 5:12-cv-02729-EJD) STIPULATION WITH PROPOSED ORDER to Extend Discovery Cut-Off Per Recommendation of Magistrate Judge Grewal filed by Marble Bridge F unding Group, Inc., ***Deadlines terminated. (109 in 5:12-cv-01839-EJD) STIPULATION WITH PROPOSED ORDER to Extend Discovery Cut-Off Per Recommendation of Magistrate Judge Grewal filed by Marble Bridge Funding Group, Inc, (107 in 5:12-cv- 02729-EJD) STIPULATION WITH PROPOSED ORDER to Extend Discovery Cut-Off Per Recommendation of Magistrate Judge Grewal filed by Marble Bridge Funding Group, Inc. Signed by Judge Edward J. Davila on 2/14/2014. (ecg, COURT STAFF) (Filed on 2/14/2014)

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BUCHALTER NEMER
A Professional Corporation
DENISE H. FIELD (SBN: 111532)
RANDALL L. MANVITZ (SBN: 224598)
55 Second Street, Suite 1700
San Francisco, CA 94105-3493
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

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Attorneys for Plaintiff and Counter-Claim Defendant
MARBLE BRIDGE FUNDING GROUP, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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MARBLE BRIDGE FUNDING GROUP, INC.,

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Plaintiff,

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vs.

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NATURE’S OWN PHARMACY, LLC, et al.,

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Case Nos.: 5:12-CV-01839-EJD; 5:12CV-02729-EJD

XXXXXXXX
STIPULATION AND [PROPOSED]
ORDER TO EXTEND DISCOVERY
CUT-OFF PER RECOMMENDATION
OF MAGISTRATE JUDGE GREWAL

Defendants.
MARBLE BRIDGE FUNDING GROUP, INC.,
Plaintiff,

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vs.

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EULER HERMES AMERICAN CREDIT
INDEMNITY COMPANY,

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Defendant.
EULER HERMES AMERICAN CREDIT
INDEMNITY COMPANY,
Counterclaim Plaintiff,

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vs.
NATURE’S OWN PHARMACY, LLC,
RICHARD WALLACE; RICHARD
WALLACE, et al.,
Counterclaim Defendants.

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B UCHALTER N EMER

BN 15651960v1

A P R O F E S S I ON A L C OR P OR A T I O N
S A N F R AN C I S C O

STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY CUTOFF

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By this stipulated motion, the undersigned parties request an order extending the

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discovery cut-off by 90 days from March 28, 2014 to June 26, 2014 with a corresponding

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extension of the deadline to complete expert discovery. Magistrate Judge Paul S. Grewal, who

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has been involved with discovery, has recommended that this extension be granted. Good cause

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exists for the extension. The parties were before Judge Grewal to resolve discovery issues on

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January 28, 2014. As reported by Euler at the hearing, Euler is in the process of collecting and

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reviewing approximately 1,000,000 documents, a process estimated to take approximately two

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months and Marble Bridge will need to review the documents after they are produced. Three

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depositions have been taken in Florida and the parties are scheduling multiple depositions to be

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taken in Maryland and San Francisco and possibly elsewhere, some of which will need to be

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taken or continued upon completion of document production.

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Magistrate Judge Grewal informed the parties that they have his permission to relay to

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Judge Davila that a 90 day extension of the discovery deadline is recommended by Judge Grewal.

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The expert cut-off will also need to be extended by 90 days in accord with the prior schedule.

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Dated: February 12, 2014

BUCHALTER NEMER

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By:

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/s/ Randall Manvitz
RANDALL MANVITZ
Attorney for Plaintiff and Counter-Claim
Defendant MARBLE BRIDGE FUNDING
GROUP

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B UCHALTER N EMER
A P R O F E S S I ON A L C OR P OR A T I O N
S A N F R AN C I S C O

BN 15651960v1

-2STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY CUTOFF

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Dated: February 12, 2014

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MECKLER BULGER TILSON MARICK
& PEARSON LLP
575 Market Street, Suite 2200
San Francisco, CA 94015
Tel: [phone]
Fax: [phone]
Email: [e-mail]

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and

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HALPERIN BATTAGLIA RAICHT, LLP

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By:
/s/ Neal W. Cohen
Andrew P. Saulitis (admitted pro hac vice)
Neal W. Cohen (admitted pro hac vice)
40 Wall Street – 37th Floor
New York, NY 10005
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]

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Counsel for Defendant and Counter-Claim
Plaintiff EULER HERMES AMERICAN
CREDIT INDEMNITY COMPANY now
known as EULER HERMES NORTH
AMERICA INSURANCE COMPANY

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B UCHALTER N EMER
A P R O F E S S I ON A L C OR P OR A T I O N
S A N F R AN C I S C O

BN 15651960v1

-3STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY CUTOFF

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ORDER

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PURSUANT TO MAGISTRATE JUDGE PAUL S. GREWAL’S RECOMMENDATION

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AND THE PARTIES’ STIPULATION, IT IS ORDERED AS FOLLOWS:

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The discovery cutoff is extended from the present deadline of March 28, 2014 to

June 26, 2014.

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2.

The expert discovery cut-off is also extended from the present deadline of

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April 25, 2014 to July 24, 2014.

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IT IS SO ORDERED.

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Dated: February ___, 2014
Honorable Edward J. Davila
Judge of the Northern District Court

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B UCHALTER N EMER
A P R O F E S S I ON A L C OR P OR A T I O N
S A N F R AN C I S C O

BN 15651960v1

-4STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY CUTOFF

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CERTIFICATE OF SERVICE

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I, Denise H. Field, hereby certify that on this 12th day of February 2014, a true and correct

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copy of the foregoing document was filed electronically. Notice of this filing will be sent by

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electronic mail to all counsel of record by operation of the Court’s electronic filing system.

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Parties may access this filing through the Court’s system.

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A paper copy will be sent, via U.S. Mail, to the following:
Richard Wallace
712 93rd Avenue North
St. Petersburg, FL 33702

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0084362 Marsha Holloway
c/o Marion County Jail
700 NW 30th Avenue
Ocala, FL 34475

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By:

/s/ Denise H. Field

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B UCHALTER N EMER
A P R O F E S S I ON A L C OR P OR A T I O N
S A N F R AN C I S C O

BN 15651960v1

-5STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY CUTOFF