UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION
February 21, 2013
JUST FILM, INC.; ET AL.,
MERCHANT SERVICES, INC.; ET AL., DEFENDANTS.
JOINT STIPULATION AND ORDER TO RESET DEADLINES FOR EXPERT DISCLOSURE
WHEREAS, pursuant to the Stipulation dated April 24, 2012 (dkt. # 363) and the Order dated April 30, 2012 (dkt # 367) (the "April 2012 Order") the deadlines for expert disclosure 3 and/or reports is February 22, 2013; rebuttal disclosure and/or reports is March 22, 2013; the 4 completion of fact and expert discovery is April 19, 2013; and the Case-Dispositive Motion 5 Hearing and Case Management Conference is June 27, 2013;
WHEREAS, the Order was made before Plaintiffs' motion for leave to file a third amended 7 complaint, which was ultimately granted, in part, and denied in part, via order dated December 6, 8 2012 (dkt # 427) (the "December 2012 Order"), pursuant to which the Court reset the previously 9 vacated deadlines for opposition to Plaintiffs' pending motion for class certification as follows: 10 Plaintiffs' amended motion for class certification due December 13, 2012; Defendants' opposition 11 to Plaintiffs' amended motion for class certification due January 24, 2013 (thereafter extended to January 31, 2013 (dkt # 434)); Plaintiffs' reply due February 14, 2013; with a hearing on 13 Plaintiffs' motion for class certification, and case management conference, on March 7, 2013.
WHEREAS, under the December 2102 Order, a new case management statement is due on 15 or before February 28, 2013, which is four days after the current deadline for expert disclosures 16 under the February 2012 Order.
WHEREAS, in light of the foregoing and to afford the parties adequate time to prepare 18 expert disclosure and reports relevant to any and all issues that may require expert opinion(s) and 19 discovery thereon, the parties have agreed to extend the current schedule governing expert 20 disclosure as follows:
Expert disclosure and/or reports from February 22, 2013 to September 12, 2013
rebuttal disclosure and/or reports from March 22, 2013 to October 24, 2013
completion of fact and expert discovery from April 19, 2013 to November 21, 2013
Case-Dispositive Motion Hearing and Case Management Conference from June 27, 2013 to March 14, 2014;
WHEREAS, three prior extensions with respect to deadlines set forth above have been made;
WHEREAS, the parties intend for March 7, 2013 Case Management Conference and Class Certification hearing to remain as scheduled;
NOW, THEREFORE, IT IS STIPULATED, by and between the undersigned parties through their respective counsel of record, that the Court modify the April 2012 Order as follows:
Expert disclosure and/or reports due September 12, 2013;
rebuttal disclosure and/or reports due October 24, 2013;
completion of fact and expert discovery by November 21, 2013; and
Case-Dispositive Motion Hearing and Case Management Conference from June 27, 2013 to March 14, 2014.
DATED: February 15, 2013 13 Respectfully submitted, 14 MOSES & SINGER LLP 15 By /s/ Jennifer Nigro 16 Jennifer Nigro 17 Attorneys for Defendants Northern Leasing Systems, Inc., MBF Leasing, LLC, Northern 18 Funding, LLC, SKS Associates, LLC, Jay Cohen, Sara Krieger, Leonard Mezei and 19 Sam Buono 20 Scott E. Silberfein (pro hac vice) Jennifer Nigro (pro hac vice) 21 Moses & Singer LLP 22 Rod O. Divelbiss Collette Erickson Farmer & O'Neill LLP JONES DAY 25 By:/s/CaryD.Sullivan Cary D. Sullivan 26 Attorneys for defendants Merchant Services, Inc., Universal Card, Inc., National Payment Processing, Inc., Universal Merchant Services, LLC, Jason Moore, Robert Parisi, 2 Nathan Jurczyk, Eric Madura, and Alicyn Roy 3 4 BROWN, WEGNER & BERLINER LLP 5 By:/s/MatthewK.Wegner 6 Matthew K. Wegner 7 Attorneys for defendant Fiona Walshe 8 GUTRIDE SAFIER LLP 9 By: /s/ Kristen Simplicio Kristen Simplicio, Esq. 10 11 Attorneys for Plaintiffs
IT IS SO ORDERED. Case-Dispositive Motion Hearing and Case Management Conference will be held on Thursday, March 13, 2014, at 2:00 p.m.
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