UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
January 3, 2013
NICK MAKREAS, PLAINTIFF,
FIRST NATIONAL BANK OF NORTHERN CALIFORNIA, A BUSINESS ENTITY, FORM UNKNOWN; T.D. SERVICE COMPANY A BUSINESS ENTITY, FORM UNKNOWN; KATHY CASTOR, AN INDIVIDUAL; RANDY BRUGIONI, AN INDIVIDUAL; COUNTY OF SAN MATEO; SAN MATEO COUNTY SHERIFF'S OFFICE; SAN MATEO COUNTY SHERIFF GREG MUNKS, IN HIS INDIVIDUAL AND OFFICIAL CAPACITY; SAN MATEO COUNTY SHERIFF'S DEPUTY STEPHEN DUVALL, IN HIS INDIVIDUAL AND OFFICIAL CAPACITY; SAN MATEO COUNTY SHERIFF'S DEPUTY HOSS, IN HIS INDIVIDUAL AND OFFICIAL CAPACITY; SAN MATEO COUNTY SHERIFF'S DEPUTY VALENCIA, IN HIS INDIVIDUAL AND OFFICIAL CAPACITY; EMPLOYEES DOES 1 THROUGH 25 INCLUSIVE, IN THEIR INDIVIDUAL AND OFFICIAL CAPACITY; AND DOES 26 THROUGH 50 INCLUSIVE, ET AL.,
The opinion of the court was delivered by: Honorable Jeffrey S. White
STIPULATION RE REQUEST TO EXTEND DEADLINE FOR FILING MOTIONS FOR SUMMARY JUDGMENT; [PROPOSED] ORDER THEREON
This stipulation is entered into by Defendants First National Bank of Northern California, 2 Kathy Castor, and Randy Brugioni (collectively "FNBNC Defendants"), Defendant T.D. Service 3 Company, and Plaintiff Nick Makreas (collectively "Parties") by and through their respective 4 counsel of record. 5
This Stipulation is entered into in reference to the following facts: 7
1. On June 29, 2012, the Parties appeared at a Case Management Conference in this 8 matter during which the Court set the following deadlines for filing motions for summary 9 judgment: 10
a. Hearing on March 1, 2013 at 9:00 a.m.
b. Briefing as follows:
i. One party files an opening summary judgment motion by January 4, 2013;
ii. The other party shall file its opposition and cross-motion by January 18, 2013;
iii. The reply and opposition to the cross-motion is due by February 1, 2013; and
iv. The reply in support of the cross-motion is due by February 8, 2013.
2. On June 29, 2012, the Court further set a discovery cut-off of December 10, 2012. 20
3. On October 10, 2012, the Court entered an order continuing the discovery cut-off to 21
January 9, 2013. 22
4. On October 26, 2013, Plaintiff filed Notice of Motion and Motion for Leave to File 23
Second Amended Complaint ("Motion"). The Motion seeks to dismiss the Fair Debt Collection 24
Practices Act cause of action and add a cause of action for Intentional Infliction of Emotional 25
Distress. The Motion is scheduled for hearing on January 25, 2012. 26
5. Each of the parties currently intends to file a motion for summary judgment. 27
6. Counsel for Plaintiff has indicated that he is not currently prepared to file a motion 28 for summary judgment because he has not completed the depositions of the FNBNC Defendants. 2
7. The FNBNC Defendants and Defendant T.D. Service Company are likewise unable 3 to file motions for summary judgment at this time as the pleadings are unsettled as a result of the 4 pending Motion, which will not be decided until January 25, 2013. 5
8. Trial in this matter is set for June 3, 2013. 6
9. The Parties previously stipulated to extend the deadline by which they were to 7 complete mediation from September 27, 2012 to October 5, 2012, which request was granted by 8 the Court. 9
10. The requested continuance of the deadlines for filing dispositive motions will not 10 adversely affect the schedule of this case. 11 12
In light of the foregoing facts, the Parties agree as follows: 15 16
The deadlines related to the filing and hearing on dispositive motions should be continued 17 as follows: 18
a. Hearing on March 29, 2013 at 9:00 a.m.
b. Briefing as follows:
i. Defendants shall filed their opening summary judgment motions by February 1, 2013;
ii. Plaintiff shall file his oppositions and cross-motion by February 15, 2013;
iii. Defendants shall file replies and oppositions to the cross-motions by March 1, 2013; and
iv. Plaintiff shall file his reply in support of the cross-motion by March 8, 2013.
DATED: December 28, 2012 FRIEDEMANN GOLDBERG LLP 3 4 By: /s/ John N. MacLeod JOHN N. MACLEOD 2 5 Attorneys for Defendants FIRST NATIONAL BANK OF NORTHERN 6 CALIFORNIA, KATHY CASTOR, and RANDY BRUGIONI 7 DATED: December 28, 2012 THE DREYFUSS FIRM, a Professional Law 8 Corporation 9 10 By: /s/ Lawrence J. Dreyfuss LAWRENCE J. DREYFUSS 11 Attorneys for Defendant T.D. SERVICE COMPANY 12 DATED: December 28, 2012 THE GOODELL LAW FIRM 13 14 By: /s/ Nelson W. Goodell 15 NELSON W. GOODELL Attorney for Plaintiff 16 NICK MAKREAS
Filer's Attestation: Pursuant to Civil Local Rule 5-1(i)(3) regarding signatures, John N. MacLeod hereby attests that concurrence in the filing of this document has been obtained. 19 20 21
PURSUANT TO STIPULATION, IT IS SO ORDERED.
UNITED STATES DISTRICT COURT JUDGE
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