Universal Green Solutions, LLC v. VII Pac Shores Investors, LLC

Filing 45

STIPULATION AND ORDER 43 Extending Trial and Other Dates: Jury Trial set for 6/16/2014 01:30 PM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Motion Hearing set for 5/2/2014 09:00 AM in Courtroom 6, 4th Floor, San Jose befor e Hon. Ronald M. Whyte. Pretrial Conference set for 6/5/2014 02:00 PM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Discovery cutoff 4/11/2014. Signed by Judge Ronald M. Whyte on 11/19/13. (jgS, COURT STAFF) (Filed on 11/19/2013)

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Elizabeth A. England, SBN: 83357
Timothy M. Flaherty, SBN: 83357
Holiday D. Powell, SBN: 245135
MORRS POLICH & PURDY LLP
One Embarcadero Center, Suite 400

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San Francisco, California 94111
Telephone: [phone]

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Facsimile: [phone]

Email: [e-mail]
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[e-mail]
[e-mail]

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Attorneys for Third-Pary Defendant
CUSHMAN & WAKEFIELD OF CALIFORNIA, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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13 UNIVERSAL GREEN SOLUTIONS, LLC,

Civil Action No.: CV12-05613 RMW

a California limited liabilty company,
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Plaintiff,
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v.

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VII PAC SHORES INVESTORS, LLC, a
Delaware limited liabilty company; and

(Filed concurrently with Declaration of
Holiday D. Powell)

DOES 1 to 20, inclusive,

Defendants.

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STIPULATION EXTENDING TRIAL AND
OTHER DATES AND
ORDER THEREON

VII PAC SHORES INVESTORS, LLC, a
Delaware limited liabilty company,

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(L.R. 6-1, 6-2, and 7-12)

Judge: Hon. Ronald M. Whyte
Ctrm: 6

Cross-Complainant,

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Trial: January 21, 2014

v.
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CUSHMAN & WAKEFIELD OF
CALIFORNIA, INC., a California
corporation; and ROES 1 through 20,
inclusive

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Cross-Defendants.

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/ II

I067766 1
STIPULATION EXTENDING TRIAL AND OTHER DATES AND PROPOSED ORDER THEREON
CV12-05613 RMW

ATTORNEYS OF RECORD:

1 TO THE COURT AND TO ALL PARTIES AND THEIR

2 Plaintiff Universal Green Solutions, LLC ("Universal"), Defendant/Third-Pary Plaintiff

3 VII Pac Shores Investors, LLC ("Pac Shores") and Third-Party Defendant Cushman &

4 Wakefield of California, Inc. ("Cushman & Wakefield"), through their attorneys, stipulate and
5 agree as follows:

6 1. Universal filed this action against Pac Shores and Does 1 to 20 on November 1,

7 2012;
8 2. At that time, the matter was assigned to Magistrate Judge Paul S. Grewal and an
9 Order Setting Initial Case Management Conference and ADR Deadlines was issued;

10 3. On Januar 30, 2013, all matters before Magistrate Judge Grewal were vacated and

11 this action was reassigned to the Honorable Ronald M. Whyte;
12 4. On April 5, 2013, the Cour held a Case Management Conference and set the

13 following dates:
14 a. Jury

Trial: January

21,

2014

at 1:30p.m.;

15 b. Pretrial Conference: January 9, 2014 at 2:00 p.m.;
16 c. Deadline for Hearing on Dispositive Motions: November 22, 2013 at 9:00 a.m.;

17 d. Fact and Expert Discovery Cut-Off: October 18,2013;
18 5. On August 23,2013, Pac Shores filed and served a Motion for Leave to File Third19 Party Complaint, which was granted by the Cour on September 18, 2013;

20 6. On September 12,2013, the Court continued the Fact and Expert Discovery Cut-Off

21 to November 15, 2013 and the Deadline for Hearing on Dispositive Motions to December 20,

22 2013 at 9:00 a.m.;
23 7. Pac Shores fied and served its unverified Third-Pary Complaint For Express
24 Contractual Indemnity And Declaratory Relief on Cushman & Wakefield on October 1, 2013;

25 8. Cushman & Wakefield was not previously named as a pary in this action;

26 9. Cushman & Wakefield fied and served its Answer To VII Pac Shores Investors,
27 LLC's Unverified Third-Par Complaint For Express Contractual Indemnity And Declaratory

I067766 2

28 Relief; And Demand For Jur Trial on October 21,2013;
STIPULATION EXTENDING TRIAL AND OTHER DATES AND PROPOSED ORDER THEREON
CV12-05613 RMW

1 10. Per the stipulation of the parties, Cushman & Wakefield's deadline to serve its

2 Initial Disclosure Statement in this action is November 14,2013;
3 11. Having just recently appeared in this action, Cushman & Wakefield has not had an
4 opportunity to investigate or conduct discovery regarding the basis of Pac Shores' allegations

5 and/or the incident(s) giving rise to this action;
6 12. Having just recently appeared in this action, Cushman & Wakefield wil be unable

7 to complete fact and expert discovery prior to the November 15, 2013 cut-off, file dispositive
8 motions by the December 20, 2013 deadline, and prepare for the trial set for Januar 21, 2014;
9 13. Specifically, Cushman & Wakefield needs an opportunity to conduct written

10 discovery and depose the other parties to this action, and depending on the outcome of its initial

11 investigation and discovery, may need to issue subpoenas and notice depositions of third party

12 witnesses;
13 14. Cushman & Wakefield needs an opportunity to complete the aforementioned
14 discovery and fie dispositive motions in advance of trial;

15 15. If it is otherwise unable to resolve this matter through law & motion practice or
16 ADR, Cushman & Wakefield needs an opportunity to properly prepare for trial;

17 16. Universal and Pac Shores estimate that in addition to written discovery, they have
18 approximately ten (l0) depositions to complete;

19 17. To enable the paries to complete the aforementioned objectives and in
20 consideration of

their counsels' respective trial conflcts, they agree that the trial date should be

21 continued to June 10,2014 or thereafter;
22 18. The parties agree that all discovery and law & motion cut-offs and deadlines should
23 be vacated and that new discovery and law & motion cut-offs and deadlines should be set in
24 accordance with the new trial date;

25 19. The paries agree there is good cause to continue the Januar 21,2014 trial date and
26 corresponding discovery and law & motion cut-offs and deadlines;

27 20. The paries agree that the brief extension wil not cause undue delay;
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I067766 3
STIPULA TION EXTENDING TRIAL AND OTHER DATES AND PROPOSED ORDER THEREON
CV12-05613 RMW

date

from the

1 21. A trial date in June 2014 would be less than eight (8) months

action;

2 Cl)shrtian & Wakefield appeared in this

Shores;

.3 22. Thepatties.agreethatthe brief extension wHl not prejudice UriiversaLor Pac

23. Thepartiesagtee that Cushman & Wakefield wil be undulyprejudic.ed if the Court
'by

90$ not granttlie.prie(:extension requested

paries;

the

by

TfIREFO~, IT ISfIREBY $TIPüLA.TEDand agreed

and through their

RacShöresandCushrnån&Waketield, by

respective

and hetWeen Universal,
attorneys

oftecotd, that

that

thereafter

9 the)ant,aty 21, 20!4 trial date shall be extended to June 10, 2Q14 ora date

10 ,'c'OmponswiihtheCourt'sschedule.
11 IT is

and between

FtTRSTIPULATED and agree by

the

paries

thatthePretnaI

12 Goriferencesthedulecifor January 9,2014 shall be extended to May .Z9.Z014Qra elate

thereafter thåtcotnpol' withthe Cour's schedule.
IT IS 'FURT:RER STIPULATE)) .and agree by

l)ecetrbet;~Ö,2Öi3DèådHÎlê for

and between the.

paries that the

IfearìÏ1g OirDispositive Motions. sbaUbe extendécIIø.May 1.(),

schedule.

Z014oradatethereafterthatcomports with the Court's

the

1'7 ITlSEIR'l,IR .$TtpULA.'lEDand agreed by and between the paries that

Fact and

18 'ÊJÇpertI)iscöveryCut-:Øf(øf November 15,2Ö13shaiilJe extended to .Aprilll,~Øï4or. a date
19 theteaftttliäti.COttPOrt .wìththeCoutts schedtde.

20" ITTSSO.STIPULATED.
21' øated:~t-.. 2013

VENARDIZURADALLP

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By:
Màrk 'Laienardi,. Esq.

Marin Ziirada.l$sq.
Attomeys.forPlåintiff,
uNivERSAL GREEN SOLUTIONS, LLC

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106i7~ 4
$TlPIJI.All'IQNEXTÈNlNG.'lRJAL AN....omER..))ATES.ANI)..PR()P()SED()RI~k.11~R.ÖN

CV122U5613 RMw

No ii

BERGQUIST WOOD MCINTOSH SETO LLP

Dated: ~er _L, 2013
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BY:~~

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sfphëñëhëto, Esq.

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Bruce A. McIntosh, Esq.

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Attorneys för Defendant and Third-Party
Plaintiff:
VII PAC SHORES INVESTORS, LLC

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tv rr l/ i. I

Dated: G.- _,2013

MORRIS POLICH & PURDY LLP

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By:
Elizabeth England

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Timöthy M. Flaherty
Holiday D. Powell

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Attorneys for Third-Paity Defendant
CUSHMAN & WAKEFIELD OF
CALIFORNIA, INC.

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(PROPOSED) ORDER

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IT is HEREBY ORDERED

and the p~rties having stipulated theretö,

GOOD CAUSE APPEARING THEREFORE,

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as follows:
extended to

1. The trial scheduled for January 21,2014 shall be

2. The Pretrial Conference scheduled for January 9, 2014 shall be extended to

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3. The Deadline for Hearing on Dispositive Motions scheduled for December 20, 2013
shall be

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4. The Fact and Expert Discovery Cut-Off scheduled for November 15, 2013 shall be

extended to

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PURSUANT TO STIPULATioN, IT is

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extended to

80 ORDERED.

Dated:
HONORABLE RONALD M. WHYTE

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the District Court for the Northem
Judge of
Distrìct of California

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--- STIpiTt-ÃTlON EXTE-ÑI)ING-TRÎALAr;¡-ù OTHER DATES AND PROPOSED onDER THEREON
CV12-05613 RMW