Filed: Jan. 29, 2014
Latest Update: Jan. 29, 2014
Summary: NOTICE OF BANKRUPTCY FILING OF COUNTER-DEFENDANT JOHN G. RHIEL, IV AND STIPULATION REGARDING LITIGATION DEADLINES AND [PROPOSED] ORDER [L.R. 7-12] RICHARD SEEBORG, District Judge. Big O Tires, LLC ("Big O"), on the one hand, and Sonoma Tires, Inc. ("Sonoma"), on the other hand, by and through their respective undersigned counsel, hereby stipulate and jointly request that the Court issue an Order as follows: WHEREAS, on December 31, 2013, counter-defendant John G. Rhiel, IV ("Rhiel") fil
Summary: NOTICE OF BANKRUPTCY FILING OF COUNTER-DEFENDANT JOHN G. RHIEL, IV AND STIPULATION REGARDING LITIGATION DEADLINES AND [PROPOSED] ORDER [L.R. 7-12] RICHARD SEEBORG, District Judge. Big O Tires, LLC ("Big O"), on the one hand, and Sonoma Tires, Inc. ("Sonoma"), on the other hand, by and through their respective undersigned counsel, hereby stipulate and jointly request that the Court issue an Order as follows: WHEREAS, on December 31, 2013, counter-defendant John G. Rhiel, IV ("Rhiel") file..
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NOTICE OF BANKRUPTCY FILING OF COUNTER-DEFENDANT JOHN G. RHIEL, IV AND STIPULATION REGARDING LITIGATION DEADLINES AND [PROPOSED] ORDER [L.R. 7-12]
RICHARD SEEBORG, District Judge.
Big O Tires, LLC ("Big O"), on the one hand, and Sonoma Tires, Inc. ("Sonoma"), on the other hand, by and through their respective undersigned counsel, hereby stipulate and jointly request that the Court issue an Order as follows:
WHEREAS, on December 31, 2013, counter-defendant John G. Rhiel, IV ("Rhiel") filed a voluntary Chapter 7 bankruptcy petition in the U.S. Bankruptcy Court for the Northern District of California, Case No. 13-46855.
WHEREAS, Rhiel's Chapter 7 Schedules are not due to be filed in the Bankruptcy Court until January 27, 2014 and the meeting of creditors is not until January 31, 2014.
WHEREAS, the current expert discovery cut-off is January 31, 2014 (meaning Big O would otherwise have to depose Sonoma's expert by January 31, 2014) and pretrial motion hearing cut-off is March 13, 2014 (meaning the deadline to file a pretrial motion is February 6, 2014).
WHEREAS, Big O and Sonoma met and conferred and jointly desire to continue the current litigation deadlines that will otherwise occur prior to the February 13, 2014 Case Management Conference to allow them time to further confer on the impact of Rhiel's bankruptcy filing on this action without incurring potentially unnecessary costs and expenses.
IT IS THEREFORE STIPULATED AND JOINTLY REQUESTED that:
1. The Court order that all currently pending deadlines that will otherwise arise before the February 13, 2014 Case Management Conference be continued pending further discussion regarding case scheduling at the upcoming Case Management Conference, should such a conference be necessary.
IT IS SO STIPULATED.
[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED,
1. All currently pending deadlines that will otherwise arise before the February 13, 2014 Case Management Conference are hereby continued pending further discussion regarding case scheduling at the upcoming Case Management Conference, as necessary.
2. The parties need not file a Joint Case Management Conference Statement before the upcoming Case Management Conference, should such a Case Management Conference be necessary.
3. The parties may, however, file independent Case Management Statements in advance of the Case Management Conference setting forth their position on the impact of John Rhiel's bankruptcy filing on this action.
