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BOARD OF TRUSTEES OF THE KEN LUSBY CLERKS & LUMBER HANDLERS PENSION FUND v. PIEDMONT LUMBER & MILL COMPANY, 3:13-cv-03898-VC. (2014)

Court: District Court, N.D. California Number: infdco20141028c15 Visitors: 28
Filed: Oct. 21, 2014
Latest Update: Oct. 21, 2014
Summary: JOINT STIPULATED REQUEST AND [PROPOSED] ORDER TO CONTINUE TRIAL DATE AND PRE-TRIAL DEADLINES VINCE CHHABRIA, District Judge. STIPULATION Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Board of Trustees of the Ken Lusby Clerks & Lumber Handlers Pension Fund ("Plaintiff") and Defendants William C. Myer, Jr. and Wendy M. Oliver, as an individual and as the Trustee to the Oliver Family Trust, (collectively, "Defendants"), by and through their undersigned attorneys of record, make th
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JOINT STIPULATED REQUEST AND [PROPOSED] ORDER TO CONTINUE TRIAL DATE AND PRE-TRIAL DEADLINES

VINCE CHHABRIA, District Judge.

STIPULATION

Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Board of Trustees of the Ken Lusby Clerks & Lumber Handlers Pension Fund ("Plaintiff") and Defendants William C. Myer, Jr. and Wendy M. Oliver, as an individual and as the Trustee to the Oliver Family Trust, (collectively, "Defendants"), by and through their undersigned attorneys of record, make the following stipulated request to extend all pre-trial deadlines by 60 days and to continue the trial date and pre-trial conference as determined by the court for the reasons set forth below:

WHEREAS, on August 13, 2014, the Court granted the parties' Stipulation Revising Case Deadlines and set the non-expert discovery cut-off for December 12, 2014;

WHEREAS, on October 6, 2014, defendant Piedmont Lumber & Mill Company filed a peition for relief under Chapter 7 of the United States Bankruptcy Code in the Eastern District of California, Case Number 14-29972;

WHEREAS, on October 6, 2014 defendant Piedmont Lumber & Mill Company filed a Notice of Bankruptcy Stay Pursuant to 11 U.S.C. § 362 in this matter;

WHEREAS, Defendants assert that the automatic bankruptcy stay pursuant to 11 U.S.C. § 362 stays this entire case because any attempt by the Board to establish the liability of Myer, Oliver, or the Oliver Family Trust in this matter necessarily requires establishing the liability of Piedmont;

WHEREAS, although Plaintiff disagrees with Defendants' assertion that this entire case is stayed by virtue of Piedmont's bankruptcy filing, it nonetheless plans to petition the bankruptcy court for relief from the automatic stay;

WHEREAS, to provide Plaintiff with the time necessary to obtain relief from stay and complete remaining discovery in this case, the parties agree that all discovery deadlines should be continued for 60 days from the current deadlines; JOINT STIPULATION;

NOW, THEREFORE, IT IS HEREBY STIPULATED BY AND BETWEEN PLAINTIFF AND DEFENDANTS AS FOLLOWS:

All deadlines contained in the Joint Stipulated Request and Order to Continue Trial Date and Pre-Trial Deadlines [Dkt. No. 80] that have not yet passed as of the date of this stipulation shall be continued by sixty (60) days.

I attest that my firm has obtained Littler Mendelson's and William C. Myer, Jr.'s concurrence in the filing of this document.

[PROPOSED] ORDER

Pursuant to the foregoing Stipulation, and good cause appearing therefor, the Court hereby orders that the Joint Stipulated Request and Order to Continue Trial Date and Pre-Trial Deadlines [Dkt. No. 80], be amended so that the following future deadlines will now apply in this case:

Last date for disclosure of list of issues on which any party will offer expert testimony in its case-in-chief January 14, 2015 Non-expert discovery cut-off: February 10, 2015 Last date for designation of expert testimony and disclosure of full expert reports: February 10, 2015 Last date for disclosure of expert reports on the same issue (opposition reports) February 24, 2015 Last date for party with burden of proof to disclose any reply reports rebutting specific material in opposition reports March 3, 2015 Expert discovery cut-off March 31, 2015 Last date to file dispositive motions May 8, 2015 Final pre-trial conference TBD Bench trial TBD

IT IS SO ORDERED.

Source:  Leagle

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