Vieste, LLC et al v. Hill Redwood Development, LTD. et al, No. 3:2009cv04024 - Document 394 (N.D. Cal. 2011)
Court Description: ORDER GRANTING 393 Stipulation Setting Dates for Pre-Trial Submissions. Signed by Judge Jeffrey S. White on 12/22/11. (jjoS, COURT STAFF) (Filed on 12/22/2011)
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Vieste, LLC et al v. Hill Redwood Development, LTD. et al Case3:09-cv-04024-JSW Document393 1 2 3 4 5 6 7 8 9 10 11 12 13 Doc. 394 Filed12/21/11 Page1 of 6 Patricia L. Peden (CA 206440) LAW OFFICE OF PATRICIA L. PEDEN 1316 67th Street, Suite 6 Emeryville, California 94608 Telephone: (510) 268-8033 Nicholas H. Patton (admitted pro hac vice) Geoffrey P. Culbertson (admitted pro hac vice) PATTON, TIDWELL & SCHROEDER, L.L.P. 4605 Texas Boulevard Post Office Box 5398 Texarkana, Texas 75505-5398 Telephone: (903) 792-7080 Facsimile: (903) 792-8233 Courtney Towle (CA 221698) PATTON, TIDWELL & SCHROEDER, L.L.P. 1316 67th Street Emeryville, CA 94608 Telephone: (415) 939-2133 Attorneys for Plaintiffs VIESTE, LLC and VIESTE DEVELOPMENT, LLC 14 15 16 17 18 19 20 21 22 23 24 Daniel J Crawford Fulton M. Smith III David P. Borovsky Juan C. Araneda Jason A. Geller MECKLER BULGER TILSON MARICK & PEARSON LLP 575 Market Street 22nd Floor San Francisco, CA 94105 Telephone: (415) 644-0914 Facsimile: (415) 644-0978 Attorneys for Defendants and Counterclaimants HILL REDWOOD DEVELOPMENT, LTD., HILL INTERNATIONAL, INC., HILL INTERNATIONAL DEVELOPMENT, LTD., REDWOOD CAPITAL ADVISORS, LLC, and Defendants STEPHEN GOODMAN, and S. DICK SARGON 25 26 UNITED STATES DISTRICT COURT 27 NORTHERN DISTRICT OF CALIFORNIA 28 SAN FRANCISCO DIVISION Dockets.Justia.com Case3:09-cv-04024-JSW Document393 1 2 3 (1) VIESTE, LLC, an Indiana corporation; and (2) VIESTE DEVELOPMENT, LLC; an Indiana corporation, Plaintiffs, 4 vs. 5 6 7 8 9 10 11 12 13 No. C09-04024 JSW (DMR) (1) HILL REDWOOD DEVELOPMENT, LTD., a British Virgin Islands corporation; (2) HILL INTERNATIONAL, INC., a Delaware corporation; (3) HILL INTERNATIONAL DEVELOPMENT LTD., A British Virgin Islands corporation; (4) REDWOOD CAPITAL ADVISORS, LLC, a Delaware corporation; (5) STEPHEN GOODMAN, individually; and (6) S. DICK SARGON, individually; STIPULATION AND PROPOSED ORDER SETTING DATES FOR PRETRIAL SUBMISSIONS Defendants. 14 15 Filed12/21/11 Page2 of 6 AND RELATED CROSS-CLAIMS. 16 17 For good cause as detailed below, subject to the Court’s approval, and to aid in the 18 efficient preparation of the pretrial filings required by this Court’s Standing Order for Final Pretrial 19 Conference in Civil Jury Cases, the undersigned parties hereby stipulate and agree to the following 20 schedule for exchanging the required pre-trial submissions. By and through this Administrative 21 Motion, the parties ask the Court to enter an order setting the following deadlines. 22 THE PARTIES STIPULATE AS FOLLOWS: 23 1. On December 28, 2011, the parties will exchange (1) exhibit lists, including 24 excerpts of interrogatory responses and requests for admissions; (2) deposition designations for 25 testimony to be offered in their case-in-chief; (3) and proposed jury instructions. 26 27 28 Stipulation and Proposed Order Setting Dates For The Exchange of Pre-Trial Submissions – Page 2 Case3:09-cv-04024-JSW Document393 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2. Filed12/21/11 Page3 of 6 On January 4, 2012, the parties will exchange (1) a description of the substance of the claims and defenses; (2) the statement of relief sought; (3) objections to the others’ proposed exhibit list; and (4) an identification of disputed jury instructions. 3. On January 6, 2012, the parties will exchange (1) lists of witnesses expected to appear at trial; (2) objections to deposition designations; (3) counter designations to deposition designations; (4) a statement of issues before the court; (5) a simplified one-page statement of the case to be used during voir dire and jury instructions; (6) proposed voir dire questions; and (7) special verdict forms. 4. No later than January 9, 2012, the parties shall meet and confer regarding disputed jury instructions. 5. On January 10, 2012, the parties will exchange (1) proposed stipulated facts; (2) a list of factual issues that remain to be tried; (3) responses to the objections to the proposed exhibit lists; and (4) responses to objections to deposition designations. 6. On January 12, 2012, the parties shall exchange (1) objections to counter- designations of depositions; and (2) motions in support of disputed jury instructions. 7. No later than January 13, 2012, the parties shall meet and confer, in person, regarding the proposed (1) description of the substance of the claims and defenses; (2) the statement of relief sought; (3) stipulated facts; (4) the exhibit list; (5) deposition designations and counterdesignations; (6) the statement of issues before the court; (7) the simplified one-page statement of the case to be used during voir dire and jury instructions; (8) voir dire questions; and (9) the special verdict form. 8. On January 13, 2012, the parties shall exchange motions in limine. 9. On January 20, 2012, the parties shall exchange (1) briefs in opposition to disputed jury instructions; and (2) briefs in opposition to motions in limine. 10. The parties agree and stipulate to treat the deadlines listed above as filing deadlines. Thus, the parties ask the Court to enter this stipulation as part of the Scheduling Order in this case. 27 28 Stipulation and Proposed Order Setting Dates For The Exchange of Pre-Trial Submissions – Page 3 Case3:09-cv-04024-JSW Document393 1 2 3 Filed12/21/11 Page4 of 6 No amendments or changes to any submission shall be allowed except by written mutual consent of the parties or by order of the Court. 11. No other changes to the Court’s Scheduling Order are sought. 4 5 IT IS SO STIPULATED 6 7 8 9 10 11 12 13 DATED: December 21, 2011. Respectfully submitted, /s/ Patricia L. Peden PATRICIA L. PEDEN LAW OFFICE OF PATRICIA L. PEDEN Attorneys for Plaintiffs and CounterDefendants and Compulsory-counterclaim Plaintiffs VIESTE, LLC and VIESTE DEVELOPMENT, LLC 14 15 16 17 18 19 20 21 22 23 24 /s/ Fulton M. Smith II DANIEL J. CRAWFORD FULTON M. SMITH III JUAN C. ARANEDA JASON GELLER MECKLER BULGER TILSON MARICK & PEARSON LLP Attorneys for Defendants and Counterclaimants HILL REDWOOD DEVELOPMENT, LTD., HILL INTERNATIONAL, INC., HILL INTERNATIONAL DEVELOPMENT, LTD., REDWOOD CAPITAL ADVISORS, LLC, and Defendants STEPHEN GOODMAN, AND S. DICK SARGON and compulsory counterclaims defendants. 25 26 27 28 Stipulation and Proposed Order Setting Dates For The Exchange of Pre-Trial Submissions – Page 4 Case3:09-cv-04024-JSW Document393 1 2 3 Filed12/21/11 Page5 of 6 [PROPOSED] ORDER Good cause appearing for the stipulated relief requested above, the Court hereby orders: The parties have entered into a stipulation setting deadlines for the exchange of pretrial 4 submissions, and having been requested by the parties to include the stipulated dates as part of the 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Court’s Scheduling Order, the Court hereby sets the following dates for the exchange of pre-trial submissions: 1. On December 28, 2011 the parties will exchange (1) exhibit lists, including excerpts of interrogatory responses and requests for admissions; (2) deposition designations for testimony to be offered in their case-in-chief; and (3) proposed jury instructions. 2. On January 4, 2012, the parties will exchange (1) a description of the substance of the claims and defenses; (2) the statement of relief sought; (3) objections to the others’ proposed exhibit list; and (4) an identification of disputed jury instructions. 3. On January 6, 2012, the parties will exchange (1) lists of witnesses expected to appear at trial; (2) objections to deposition designations; (3) counter designations to deposition designations; (4) a statement of issues before the court; (5) a simplified one-page statement of the case to be used during voir dire and jury instructions; (6) proposed voir dire questions; and (7) special verdict forms. 4. No later than January 9, 2012, the parties shall meet and confer regarding disputed jury instructions. 5. On January 10, 2012, the parties will exchange (1) proposed stipulated facts; (2) a list of factual issues that remain to be tried; (3) responses to the objections to the proposed exhibit lists; and (4) responses to objections to deposition designations. 6. On January 12, 2012, the parties shall exchange (1) objections to counter- designations of depositions; and (2) motions in support of disputed jury instructions. 7. No later than January 13, 2012, the parties shall meet and confer, in person, regarding the proposed (1) description of the substance of the claims and defenses; (2) the statement of relief sought; (3) stipulated facts; (4) the exhibit list; (5) deposition designations and counter- Case3:09-cv-04024-JSW Document393 1 2 3 4 5 6 7 8 9 10 11 Filed12/21/11 Page6 of 6 designations; (6) the statement of issues before the court; (7) the simplified one-page statement of the case to be used during voir dire and jury instructions; (8) voir dire questions; and (9) the special verdict form. 8. On January 13, 2012, the parties shall exchange motions in limine. 9. On January 20, 2012, the parties shall exchange (1) briefs in opposition to disputed jury instructions; and (2) briefs in opposition to motions in limine. 10. No amendments or changes to any submission shall be allowed except by written mutual consent of the parties or by order of the Court. 11. There are no other changes to the Court’s Scheduling Order The Court appreciates the parties' ability to cooperate on this schedule. IT IS SO ORDERED. 12 13 14 15 Dated: December 22, 2011 Hon. Jeffrey S. White United States District Court Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 2|P age
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