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Sonoma Tires, Inc., A California v. Big O Tires

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


October 1, 2012

SONOMA TIRES, INC., A CALIFORNIA
CORPORATION,
PLAINTIFF,
v.
BIG O TIRES, LLC, A COLORADO LIMITED LIABILITY COMPANY,
DEFENDANT.

The opinion of the court was delivered by: The Honorable Richard Seeborg

STIPULATION REGARDING LITIGATION DEADLINES AND [PROPOSED] ORDER [L.R. 7-12] Date: October 25, 2012 Time: 1:30 p.m. Place: Courtroom

Big O Tires, LLC ("Big O"), on the one hand, and Sonoma Tires, Inc. ("Sonoma") and John G. Rhiel, IV ("Rhiel"), on the other hand, (collectively, "Parties") by and through their 3 respective undersigned counsel, hereby stipulate and jointly request that the Court issue an Order 4 as follows: 5

on October 11, 2012. 7

hearing on October 11, 2012. 9

on September 14, 2012. At the mediation, a complex settlement proposal was discussed. The 11 proposal involves the acquisition of the Sonoma store by Big O. 12 time for Big O to evaluate the potential settlement. [See Dkt. No. 57] The hearing date is 14 currently set for October 25, 2012, with Oppositions due October 2, 2012, and Replies due 15

WHEREAS, Big O has requested additional time to evaluate the potential settlement.

Big O is presently reviewing and analyzing additional financial and accounting data provided by 18 Sonoma to determine whether to proceed with a detailed evaluation of the proposal. Big O 19 requires certain corporate decision makers to participate in the decision to further evaluate the 20 settlement. Big O expects that, due to the significant nature of the potential transaction and the 21 travel schedules and press of business of its employees, that its decision to further evaluate the 22 proposal will require at least two to three additional weeks followed by a detailed valuation of 23 the business. A detailed valuation of the business is expected to require, at a minimum, 24 additional financial analysis and a visit to the Sonoma store to inspect inventory and equipment 25 to support that valuation. 26

WHEREAS, the settlement proposal takes into consideration attorneys' fees incurred by 27 the parties. The parties do not wish to incur unnecessary litigation costs while Big O evaluates 28

WHEREAS, Big O has filed a Motion for Summary Judgment initially set for hearing

WHEREAS, Sonoma has filed a Motion for Partial Summary Judgment initially set for

WHEREAS, after filing the above motions, the parties participated in a private mediation

WHEREAS, the Court continued the hearing on the parties' respective motions to allow

October 11, 212. [Id.] 16

the potential settlement, nor do the parties wish to burden the Court with potentially unnecessary 2 motion practice. 3

WHEREAS, the parties desire and jointly request that the October 25, 2012 hearing on Sonoma's Motion for Partial Summary Judgment and Big O's Motion for Summary Judgment be 5 continued to December 13, 2012, the deadline for the parties to file and serve Oppositions to the 6 pending motions be continued from October 2, 2012 to November 20, 2012, and the deadline to 7 file and serve a Reply to the respective Oppositions be continued from October 11, 2012 to 8

WHEREAS, the parties further desire and jointly request that the trial date in this action 10 be continued from December 10, 2012 to March 24, 2013 or as soon thereafter as is convenient 11 for the Court and that additional remaining litigation deadlines be continued accordingly, 12 including expert discovery deadlines, the deadline to file pretrial statements, and the pretrial 13 conference. The parties desire this continuance so that they need not incur potentially 14 unnecessary litigation expenses conducting expert discovery and preparing for trial and so that 15 the Court may hear the pending motions prior to expert discovery and trial preparation. 16

November 29, 2012. 9

IT IS THEREFORE STIPULATED AND JOINTLY REQUESTED that:

1. The Court order that the October 25, 2012 hearing on Sonoma's Motion for Partial Summary Judgment and Big O's Motion for Summary Judgment be continued to December 13, 2012.

2. The Court order that the deadline for the parties to file and serve Oppositions to the pending motions be continued from October 2, 2012 to November 20, 2012.

3. The Court order that the deadline for the parties to file and serve a Reply to the respective Oppositions be continued from October 11, 2012 to November 29, 2012.

4. The Court continue the trial date in this action approximately three months from December 10, 2012 to March 24, 2013 or as soon thereafter as is convenient for the Court.

5. The Court continue the expert discovery deadlines so that Plaintiff's deadline to disclose expert testimony and reports will be January 4, 2013, Defendant's 3 deadline to disclose expert testimony and reports will be January 18, 2013, and all 4 expert discovery shall be completed on or before February 4, 2013.

6. The Court continue the pretrial conference and deadline to file the joint pretrial 6 statement in accordance with the continued trial date.

IT IS SO STIPULATED.

Dated: September 28, 2012 SEYFARTH SHAW LLP 10 By _ _______/s/ Joseph J. Orzano____ ____ 11 Joseph J. Orzano Attorneys for Big O Tires, LLC 12 13 Dated: September 28, 2012 LAGARIAS & BOULTER, LLP 14 15 By _ _______/s/__Peter C. Lagarias ____ Peter C. Lagarias Attorneys for Sonoma Tires, Inc. and 16 John G. Rhiel, IV

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED,

1. The October 25, 2012 hearing on Sonoma's Motion for Partial Summary Judgment and Big O's Motion for Summary Judgment is continued to December 13, 2012.

2. The deadline for the parties to file and serve Oppositions to the pending motions is continued from October 2, 2012 to November 20, 2012.

3. The deadline for the parties to file and serve a Reply to the respective Oppositions is continued from October 11, 2012 to November 29, 2012.

4. The last day for Plaintiff to disclose expert testimony and reports is continued to January 4, 2013.

5. The last day for Defendant to disclose expert testimony and reports is continued to January 18, 2013.

6. All expert discovery shall be completed on or before February 4, 2013.

7. The parties shall meet and confer and file a Joint Pretrial Statement on or before February 28, 2013. April 4, 2013

8. The pretrial conference is continued to March 14, 2013 at 10 a.m. April 22,

9. The trial date is continued to March 24, 2013 at 9 a.m.

20121001

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