Opinion
FRED M. BLUM, ESQ., ERIN POPPLER, ESQ., BASSI, EDLIN, HUIE & BLUM LLP, San Francisco, CA, Attorneys for Plaintiffs LITHIA REAL ESTATE, INC. and LITHIA MOTOR, INC.
JAMES B. BETTS, BRADY K. MCGUINNESS., BETTS & RUBIN, A Professional Corporation, Fresno, CA, Attorneys for Defendants AIRPORT ROAD DEVELOPMENT, LLC and JON THOMASON.
STIPULATION AND ORDER TO CONTINUE PRETRIAL STATEMENT DEADLINE TO NOVEMBER 24, 2015
MORRISON C. ENGLAND, Jr., District Judge.
Plaintiffs LITHIA REAL ESTATE, INC. and LITHIA MOTOR, INC. ("Plaintiffs") and Defendants AIRPORT ROAD DEVELOPMENT, LLC and JON THOMASON ("Defendants"), by and through their respective counsel, stipulate with respect to the pretrial statement deadline, as follows:
RECITALS
1. Lithia Real Estate is a corporation formed in the state of Oregon with its principle place of business in Medford, Oregon.
2. Lithia Motor, Inc. is a corporation formed in the state of Oregon with its principle place of business in Medford, Oregon.
3. Airport Road Development, LLC ("ARD") is a limited liability company formed in the state of California with its principal place of business in Fresno, California.
4. Jon Thomason, an individual, is the managing member of ARD and resides in Fresno, California.
5. The Parties jointly own a parcel of land located at the southeast corner of Airport Road and Highway 44 in the southeastern portion of the city of Redding, California (the "Property").
6. The Property is the subject of this Action.
7. Pursuant to the Minute Order entered on February 10, 2015 (Dkt. 32), the trial date is set for January 11, 2016. The Final Pretrial Conference is set for December 3, 2015. Dkt. 32. The Parties' Joint Final Pretrial Statement is due no later than Thursday, November 12, 2015. Dkt. 32.
"Dkt." refers to the Court's ECF Docket number for this case.
8. The initial trial date and trial-related deadlines set in the Court's Status Pretrial Scheduling Order dated May 12, 2011 (Dkt. 13), were continued by the Court through its subsequent orders. Dkts. 23, 25, 28, 30 & 32.
9. The Parties desire to resolve this matter outside of continued litigation. The Parties have been and will continue to work in good faith to achieve that result.
10. Based on their ongoing efforts to resolve this Action, the Parties are close to reaching a settlement in principle.
11. Counsel for Plaintiffs spoke with the courtroom clerk regarding the upcoming trial submission deadlines and how to best proceed in light of the near settlement of this matter. Counsel was advised by the courtroom clerk that a viable option for the Parties would be to stipulate to a brief continuance of the upcoming deadline for the Joint Final Pretrial Statement.
12. Accordingly, in the interest of judicial economy and the Parties' respective interests, the Parties submit this stipulation and proposed order seeking a brief continuance of the Joint Final Pretrial Statement deadline from Thursday, November 12, to Tuesday, November 24, 2015, in order to focus their efforts on an informal resolution.
1. The Parties, through their respective counsel of record, stipulate to extend the deadline for the Joint Final Pretrial Statement from the current date of Thursday, November 12, 2015, to Tuesday, November 24, 2015.
ORDER
Pursuant to the parties' stipulation (ECF No. 33), the Joint Final Pretrial Statement shall be filed no later than November 24, 2015.
IT IS SO ORDERED.