Filed: Sep. 01, 2015
Latest Update: Sep. 01, 2015
Summary: STIPULATION TO CONTINUE TRIAL AND RELATED DATES IN SCHEDULING CONFERENCE ORDER PURSUANT TO AUGUST 20, 2015 MINUTE ORDER; ORDER GARY S. AUSTIN , Magistrate Judge . WHEREAS COUNSEL for Defendant and Counter and Cross-Claimant, CVIN, LLC, plaintiff, MP Nexlevel of California, Inc., Third-Party Defendant Western Surety Company, Defendants, Calaveras Communications Company, Cal-Ore Telephone Co., Consolidated Communications Holdings, Inc., Ducor Telephone Company, Mohave Investment, LLC, Sebasti
Summary: STIPULATION TO CONTINUE TRIAL AND RELATED DATES IN SCHEDULING CONFERENCE ORDER PURSUANT TO AUGUST 20, 2015 MINUTE ORDER; ORDER GARY S. AUSTIN , Magistrate Judge . WHEREAS COUNSEL for Defendant and Counter and Cross-Claimant, CVIN, LLC, plaintiff, MP Nexlevel of California, Inc., Third-Party Defendant Western Surety Company, Defendants, Calaveras Communications Company, Cal-Ore Telephone Co., Consolidated Communications Holdings, Inc., Ducor Telephone Company, Mohave Investment, LLC, Sebastia..
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STIPULATION TO CONTINUE TRIAL AND RELATED DATES IN SCHEDULING CONFERENCE ORDER PURSUANT TO AUGUST 20, 2015 MINUTE ORDER; ORDER
GARY S. AUSTIN, Magistrate Judge.
WHEREAS COUNSEL for Defendant and Counter and Cross-Claimant, CVIN, LLC, plaintiff, MP Nexlevel of California, Inc., Third-Party Defendant Western Surety Company, Defendants, Calaveras Communications Company, Cal-Ore Telephone Co., Consolidated Communications Holdings, Inc., Ducor Telephone Company, Mohave Investment, LLC, Sebastian Enterprises, Inc., Sierra Tel Broadband, Sierra Tel Communications Group, Stageline Communications, Inc., Surewest Fiber Ventures, LLC, The Ponderosa Telephone Company, Varcomm, Inc., Varnet, Inc., Volcano Communications Company, and Volcano Telecom, Inc., Third-Party Defendant and Cross-Claimant, JK Communications & Construction, Inc. dba Kleven Construction; and Defendant, George Valentinez (collectively, the "Parties"), have met and conferred by telephone regarding the subject-matter of this Stipulation and reached agreement thereto;
IT IS HEREBY STIPULATED by and between the Parties, by and through their counsel of record, that good cause exists for the extension of the scheduling order, and pursuant to F.R.C.P. 16(b)(4), F.R.C.P. 6, and Local Rule 144, that an approximately 100 day continuance of the deadlines set forth in the Court's January 22, 2015 Scheduling Conference Order is necessary and appropriate. Due to the above and the Court's trial schedule set forth in its August 20, 2015 Minute Order, the parties propose the following new deadlines, or similar dates convenient to the court:
Existing Deadlines: New (Proposed) Deadlines Reflecting 8-20-15
Minute Order:
Expert Disclosure:
October 1, 2015 (Affirm.) January 11, 2016
November 16, 2015 (Defenses) February 24, 2016
Rebuttal Expert Disclosure:
January 11, 2016 April 20, 2016
1-Day Mediation (to be scheduled
during proposed period):
(N/A) April 20, 2016 - May 20, 2016
Expert Discovery Cutoff:
March 31, 2016 August 11, 2016
Nonexpert Discovery Cutoff:
March 31, 2016 August 11, 2016
Nondispositive Motion Filing
Deadline:
March 31, 2016 August 15, 2016
Dispositive Motion Filing
Deadline:
May 6, 2016 August 15, 2016
2nd Day Mediation (if necessary; to
be scheduled during proposed period):
(N/A) September 2016
Pretrial Conference:
July 28, 2016 May 25, 2017
Jury & Bench Trials:
September 20, 2016 July 25, 2017
IT IS SO STIPULATED.
ORDER
The Court, having considered the above stipulation and the procedural posture of the case, and good cause appearing, amends the scheduling order in this case as follows:
Event Current Deadline Stipulated Deadline
Expert Disclosure October 1, 2015 January 11, 2016
(Affirmative) (Affirmative)
November 16, 2015 February 24, 2016
(Defenses) (Defenses)
Rebuttal Expert January 11, 2016 April 20, 2016
Disclosure
One Day Mediation N/A To be agreed upon
date between April
20, 2016 and May
20, 2016
Expert Discovery Cutoff March 31, 2016 August 11, 2016
Non-expert Discovery March 31, 2016 August 11, 2016
Cutoff
Nondispositive Motion March 31, 2016 August 15, 2016
Filing Deadline
Dispositive Motion Filing May 6, 2016 August 15, 2016
Deadline
Mediation N/A To be agreed upon
date in September
2016
Pre-Trial Conference July 28, 2016 May 25, 2017
Trial September 20, 2016 July 25, 2017
IT IS SO ORDERED.