UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
May 14, 2008
JAMES W. BOWMAN, JR. AND PACIFIC REAL ESTATE MANAGEMENT COMPANY, INC., A WASHINGTON CORPORATION PLAINTIFFS,
CMG MORTGAGE, INC., A CALIFORNIA CORPORATION; CMG MORTGAGE, INC., D/B/A PACIFIC GUARANTEE MORTGAGE, CMG MORTGAGE SERVICES, INC., A CALIFORNIA CORPORATION; CMG MORTGAGE SERVICES, INC., D/B/A PACIFIC GUARANTEE MORTGAGE, DEFENDANTS.
The opinion of the court was delivered by: Hon. Susan Illston
STIPULATION AND ORDER SETTING CASE MANAGEMENT SCHEDULE
WHEREAS the parties are in the process of gathering information from each other and from third parties relative to the claims and defenses of the parties.
WHEREAS both parties have obtained evidence in the course of discovery leading them to seek to amend their pleadings. For Plaintiffs, this will mean adding additional causes of action as well as new Defendants; for Defendants, this will mean seeking leave to file a cross-complaint against Plaintiffs.
WHEREAS additional evidence recently obtained in discovery requires the parties to conduct further investigation and discovery, and the parties have several discovery disputes that will not be resolved in time to complete discovery before the current discovery cutoff.
WHEREAS the parties need to conduct further discovery to properly assess the case and determine whether 1) settlement will be possible, and 2) the case may be disposed of without trial in whole or in part through dispositive motions.
IT IS HEREBY STIPULATED by and between the parties to this action through their designated counsel that the expert and non-expert discovery cut off in the above entitled matter be continued from June 16, 2008 to July 16, 2008.
IT IS ALSO HEREBY STIPULATED by and between the parties to this action through their designated counsel that the expert witness designation date in the above entitled matter be continued from May 19, 2008 to June 18, 2008 and the expert rebuttal designation date be continued from May 27, 2008 to June 30, 2008.
IT IS ALSO HEREBY STIPULATED by and between the parties to this action through their designated counsel that motions to amend the pleadings will be filed by May 20, 2008.
The parties will file any Opposition to amending the pleadings by May 27, and any Reply to the Opposition papers will be filed by May 30. Hearing on the motions to amend pleadings will be on June 6, 2008 at 9 a.m..
IT IS ALSO HEREBY STIPULATED by and between the parties to this action through their designated counsel that dispositive motions shall be filed by June 23, 2008. Opposition papers will be filed by July 7, 2008, and any Reply to the Opposition will be filed by July 14, 2008. Dispositive motions will be set for hearing on July 25, 2008 at 9 a.m. August 12, 2008 at 3:30 p.m.
Pre-trial conference will be held on August 19, 2008, with all pre-trial papers due on August 5, 2008.
LAW OFFICES OF ALAN F. COHEN Dated: May 15, 2008 Alan F. Cohen Attorneys for Plaintiffs
Dated: May 15, 2008 Angela M. Xavier Attorney for Plaintiffs
MEDLIN & HARGRAVE Dated: May 15, 2008 Joshua A. Rosenthal Attorneys for Defendants
IT IS SO ORDERED.
Susan Illston Judge
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