Opinion
Case No. 5:10-cv-04706 EJD HRL
10-06-2011
EDDIE KING, an individual; DEBBIE KING, an individual; BILLY RAY PITCHER, an individual; and JOHN W. MALONEY, an individual, Plaintiff, v. SAM HOLDINGS, LLC, a limited liability company; HANDSON VENTURES, LLC, a limited liability company; RUSTIC CANYON LLC and HOV GLOBAL SERVICES LTD, Defendants. SAM HOLDINGS, LLC, a limited liability company, Counter-Claimant, v. EDDIE KING, an individual; DEBBIE KING, an individual; BILLY RAY PITCHER, an individual; and JOHN W. MALONEY, an individual, Counter-Defendants.
Respectfully submitted, NELSON LAW GROUP ROBERT S. NELSON LONG LAW OFFICES H. CLYDE LONG Attorneys for Plaintiffs EDDIE KING, DEBBIE KING, BILLY RAY PITCHER, and JOHN W. MALONEY ERICKSEN ARBUTHNOT STEVE W. DOLLAR BOVIS, KYLE & BURCH, LLC MELANIE M. NORVELL (Appearing Pro Hac Vice) Attorneys for Defendants SAM HOLDINGS, LLC, HANDSON VENTURES, LLC, RUSTIC CANYON, LLC and HOV GLOBAL SERVICES LTD.
MELANIE M. NORVELL, ESQ.
Admitted Pro Hac Vice
BOVIS, KYLE & BURCH, LLC
STEVE W. DOLLAR, ESQ. (SBN 104365)
ERICKSEN ARBUTHNOT
Attorneys for Defendants
SAM HOLDINGS, LLC, HANDSON VENTURES,
LLC, RUSTIC CANYON, LLC and HOV GLOBAL
SERVICES LTD.
ROBERT S. NELSON (SBN 220984)
DANIELLE L. TIZOL (SBN 259702)
NELSON LAW GROUP
H. CLYDE LONG (SBN 102148)
LONG LAW OFFICES
Attorneys for Plaintiffs
EDDIE KING, DEBBIE KING, BILLY RAY
PITCHER, and JOHN W. MALONEY
JOINT STIPULATION AND PROPOSED ORDER
GRANTING REQUEST OF COUNSEL FOR
PLAINTIFFS AND DEFENDANTS TO EXTEND
THE DEADLINES TO COMPLETE FACT
DISCOVERY AND FILE/SERVE DISPOSITIVE
MOTIONS FOR SIXTY DAYS.
Judge: District Judge Edward J. Davila
Fact Discovery Deadline:
October 19, 2011
Deadline to File/Serve Dispositive Motions:
October 31, 2011
TO ALL PARTIES AND COUNSEL OR RECORD:
IT IS HEREBY STIPULATED by and between Plaintiffs, EDDIE KING, DEBBIE KING, BILLY RAY PITCHER and JOHN W. MALONEY ("Plaintiffs"), by and through their undersigned counsel, and Defendants, SAM HOLDINGS, LLC, HANDSON VENTURES, LLC, RUSTIC CANYON, LLC, and HOV GLOBAL SERVICES LTD ("Defendants"), by and through their undersigned counsel, that the existing deadlines to complete fact discovery and to file/serve dispositive motions be extended by sixty (60) days for the purpose of allowing each party to take additional depositions as follows:
1. The Court previously entered its Stipulation And Order To Modify Case Management Scheduling Order on August 10, 2011 modifying certain deadlines, including the deadlines to complete fact discovery and file/serve dispositive motions. [Docket No. 29]. The existing deadline to complete fact discovery is October 19, 2011, and the deadline to file/serve dispositive motions is October 31, 2011.
2. Counsel for all parties agree to extend the fact discovery deadline for sixty (60) days to allow for the taking of additional depositions that have not yet been taken and to take a second deposition of Peter Grossman if allowed. Counsel and parties have diligently pursued discovery and have taken many depositions. However, parties and witnesses are located in various geographical areas and there are additional depositions that need to be taken, additional documents to be produced, and interrogatories that remain outstanding.
3. Counsel for all parties further agree that the deadline for filing dispositive motions should be extended by sixty (60) days because the additional depositions and discovery will impact the need for and facts associated with any dispositive motions.
4. The Court previously vacated the trial date in this action and counsel do not expect that trial will take place for many months.
It is respectfully requested that the above requests for extension of Court ordered deadlines be granted and notice sent to all parties regarding the new deadlines to complete fact discovery and file/serve dispositive motions.
Respectfully submitted,
NELSON LAW GROUP
ROBERT S. NELSON
LONG LAW OFFICES
H. CLYDE LONG
Attorneys for Plaintiffs EDDIE KING,
DEBBIE KING, BILLY RAY
PITCHER, and JOHN W. MALONEY
ERICKSEN ARBUTHNOT
STEVE W. DOLLAR
BOVIS, KYLE & BURCH, LLC
MELANIE M. NORVELL
(Appearing Pro Hac Vice)
Attorneys for Defendants SAM
HOLDINGS, LLC, HANDSON
VENTURES, LLC, RUSTIC CANYON,
LLC and HOV GLOBAL SERVICES
LTD.
ORDER OF THE COURT
PURSUANT TO STIPULATION, IT IS SO ORDERED.
______________________
JUDGE, UNITED STATES DISTRICT COURT