Prometheus Real Estate Group, Inc. v. Terminix International, Inc., et al

Northern District of California, cand-4:2015-cv-02234

ORDER by Judge Haywood S. Gilliam, Jr. Denying {{63}} Stipulation TO AMENDED SCHEDULING ORDER.

Interested in this case?

Current View

Full Text

1 DAVID F. BEACH, ESQ. (SBN 127135) OSCAR A. PARDO, ESQ. (SBN 249955) 2 PERRY, JOHNSON, ANDERSON, 3 MILLER & MOSKOWITZ, LLP 438 First Street, Fourth Floor 4 Santa Rosa, CA 95401 Telephone: (707) 525-8800 5 Facsimile: (707) 545-8242Attorneys for Plaintiff 6 PROMETHEUS REAL ESTATE GROUP, INC. 7 David I. Dalby (SBN 114750) Hinshaw & Culbertson LLP 8 One California Street, 18th Floor 9 San Francisco, CA 94111 Telephone: (415) 362-6000 10 Facsimile: (415) 834-9070 Attorneys for Defendants 11 TERMINIX INTERNATIONAL, INC. and THE TERMINIX INTERNATIONAL COMPANY PERRY, JOHNSON, ANDERSON, 12 MILLER & MOSKOWITZ LLP LIMITED PARTNERSHIP 13 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 SAN FRANCISCO DIVISION 17 PROMETHEUS REAL ESTATE GROUP, INC.,) CASE No. 3:15-CV-02234 HSG) 18 Plaintiff(s),)) STIPULATION TO AMENDED 19 vs.) SCHEDULING ORDER) 20 TERMINIX INTERNATIONAL, INC., A Delaware) Complaint Filed: April 8, 2015 Corporation, THE TERMINIX INTERNATIONAL) 21 COMPANY LIMITED PARTNERSHIP, et al.,) Trial Date: April 10, 2017 Defendant(s).) 22)) 23)) 24)) 25)) 26) 27 /// 28 /// 1 STIPULATION TO AMENDED SCHEDULING ORDER Case No. 3:15-CV-02234 HSG 1 THE PARTIES TO THIS ACTION DO HEREBY STIPULATE to the following 2 amendments to the Case Management Schedule Order "CMSO" of October 5, 2016. The parties 3 have meet, conferred, and mutually agreed that despite their diligent efforts additional time is 4 necessary to prepare this matter for an eventual trial. The parties have agreed to, and are seeking 5 the Court's consent, to extend the trial date on this matter for forty-five (45) days. The parties have 6 also worked through the additional Case Management Schedule Order dates and proposed the 7 following amended schedule: 8 Event Schedule Per Amended Schedule 9 October 5, 2016 CMSO 10 Fact Discovery Cutoff December 5, 2016 January 19, 2017 11 Exchange of Initial Expert November 28, 2016 Feb 17, 2017 PERRY, JOHNSON, ANDERSON, 12 MILLER & MOSKOWITZ LLP Report 13 Expert Discovery Cutoff December 26, 2016 March 17, 2017 14 Dispositive Motions Hearing February 9, 2017 at 2:00pm May 4, 2017 at 2:00 p.m. 15 Deadline 16 Pretrial Conference March 28, 2017 at 3:00pm May 11, 2017 at 3:00 p.m. 17 Jury Trial April 10, 2017 at 8:30am May 25, 2017 at 8:30am 18 19 20 Good Cause exists in this instance as the amendments are necessitated in light of the 21 pending fact discovery and the need for its completion before expert discovery can take place. 22 Moreover, expert reports and discovery cannot proceed in a comprehensive manner until fact 23 discovery is completed. The present CMSO has expert discovery dates that overlap the fact 24 discovery cutoff date. The parties have been working cooperatively and extensively to complete 25 discovery, including written discovery responses and depositions. Despite best efforts by all 26 parties, it is evident that fact discovery cannot be completed without it impacting expert discovery 27 and eventually trial preparation. Therefore the parties are proposing a short extension of the 28 timeline to allow completion of both. 2 STIPULATION TO AMENDED SCHEDULING ORDER Case No. 3:15-CV-02234 HSG 1 THEREFORE, THE PARTIES HEREBY STIPULATE to the following amendments to the 2 CMSO and respectfully request this Court's consent. 3 4 IT IS SO ORDERED. 5 Dated:________________________ _______________________________ 6 HAYWOOD S. GILLIAM, JR 7 United States District Judge 8 Approved as to Form: 9 Dated: November 23, 2016 PERRY, JOHNSON, ANDERSON, MILLER & MOSKOWITZ, LLP 10 11 By: /s/ Oscar A. Pardo DAVID F. BEACH OSCAR A. PARDO PERRY, JOHNSON, ANDERSON, 12 MILLER & MOSKOWITZ LLP Attorneys for Plaintiff 13 PROMETHEUS REAL ESTATE GROUP, INC. 14 15 Dated: November 23, 2016 HINSHAW & CULBERTSON, LLP 16 /s/ Mary Hess By: 17 DAVID I. DALBY MARY HESS 18 Attorney for Defendants TERMINIX INTERNATINAL, INC. and ISTRIC 19 TES D THE TERMINIX INTERNATIONAL T C COMPANY LIMITED PARTNERSHIP 20 A T O S U ED RT 21 UNIT D 22 DENIE R NIA 23 r. illiam J NO 24 d S. G H a y wo o FO J u d ge RT 25 LI ER H A 26 N C D IS T IC T OF 27 R 28 3 STIPULATION TO AMENDED SCHEDULING ORDER Case No. 3:15-CV-02234 HSG