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Stipulation Regarding Briefing Schedule on Defendants Motions to Dismiss – 5:16-cv-07013-LHK 

GUY B. WALLACE (SBN 176151)

gwallace@schneiderwallace.com 

SARAH COLBY (SBN 194475) 

scolby@schneiderwallace.com 

SCHNEIDER WALLACE 

COTTRELL KONECKY 

WOTKYNS LLP 

2000 Powell Street, Suite 1400 

Emeryville, CA 94608 

Telephone: (415) 421-7100 

Facsimile: (415) 421-7105 

ADAM B. WOLF (SBN 215914) 

awolf@prwlegal.com 

CATHERINE CABALO (SBN 248198) 

ccabalo@prwlegal.com 

PEIFFER ROSCA WOLF ABDULLAH CARR & KANE 

4 Embarcadero Center, 14th Floor 

San Francisco, California 94111 

Telephone: (415) 766-3592 

Facsimile: (415) 402-0058 

Attorneys for Plaintiffs 

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA 

SAN JOSE DIVISION 

ABDUL NEVAREZ and PRISCILLA 

NEVAREZ, 

 Plaintiffs, 

 v. 

FORTY NINERS FOOTBALL COMPANY, 

LLC, a Delaware limited liability company, 

et. al., 

 Defendants. 

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CASE NO.: 5:16-cv-07013-LHK

STIPULATION REGARDING 

BRIEFING SCHEDULE ON 

DEFENDANTS’ MOTIONS TO 

DISMISS; 

DECLARATION OF GUY B. 

WALLACE IN SUPPORT THEREOF

Case 5:16-cv-07013-LHK Document 36 Filed 02/21/17 Page 1 of 5
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2 

Stipulation Regarding Briefing Schedule on Defendants’ Motions to Dismiss – 5:16-cv-07013-LHK 

WHEREAS, on December 30, 2016, Plaintiffs Abdul Nevarez and Priscilla Nevarez filed 

their First Amended Complaint in the above-captioned matter, and named as Defendants the Forty 

Niners Football Company, LLC, a Delaware limited liability company; Forty Niners SC Stadium 

Company, LLC, a Delaware limited liability company; the National Football League; City of Santa 

Clara; Santa Clara Stadium Authority; Ticketmaster Entertainment, Inc.; Forty Niners Stadium 

Management Company LLC; and Does 1-10, Inclusive; 

WHEREAS, on February 7, 2017, Defendant National Football League filed its Notice of 

Motion and Motion to Dismiss; 

WHEREAS, on February 7, 2017, Forty Niners Football Company LLC, Forty Niners SC 

Stadium Company LLC, and Forty Niners Stadium Management LLC filed their Notice of Motion 

and Motion to Dismiss; 

WHEREAS, on February 7, 2017, Defendants City of Santa Clara and Santa Clara Stadium 

Authority filed their Notice of Motion and Motion to Dismiss; 

WHEREAS, on February 15, 2017, the firm of Schneider Wallace Cottrell Konecky 

Wotkyns (“Schneider Wallace”) agreed to serve as additional counsel for Plaintiffs in the abovecaptioned matter; 

WHEREAS, Guy B. Wallace of the Schneider Wallace firm will take the lead in opposing 

Defendants’ various motions, and requires additional time to analyze Defendants’ motions and the 

authorities cited therein; 

 WHEREAS, the parties have agreed to meet and confer regarding the arguments and 

authorities raised in Defendants’ three pending motions so as to determine if they any have areas of 

agreement that would narrow any issues to be decided by this Court regarding the pleadings; 

WHEREAS, Defendants’ motions are set to be heard by this Court on May 4, 2017, and 

Plaintiffs’ opposition papers are presently due on February 21, 2017, but the parties have agreed that 

Plaintiffs need more time for the reasons set forth above, and Defendants require two weeks to 

prepare their reply papers regarding their motions to dismiss; 

 

Case 5:16-cv-07013-LHK Document 36 Filed 02/21/17 Page 2 of 5
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3 

Stipulation Regarding Briefing Schedule on Defendants’ Motions to Dismiss – 5:16-cv-07013-LHK 

NOW, THEREFORE, Plaintiffs and Defendants, by and through their counsel of record and 

subject to Court approval, hereby stipulate that: 

1. Plaintiffs shall file their responsive pleadings on or before March 23, 2017; 

2. Defendants shall file their replies in support of its Motions to Dismiss on or before 

April 6, 2017; 

The e-filing attorney hereby attests that he retains on file all holographic signatures 

corresponding to any signatures indicated by a conformed signature (/S/) within this e-filed 

document. 

IT IS SO STIPULATED. 

DATED: February 17, 2017 

LOMBARDI, LOPER & CONANT, LLP 

By: /s/ Maria M. Lampasona 

Maria M. Lampasona 

Attorneys for Defendants 

DATED: February 17, 2017 

SCHNEIDER WALLACE 

COTTRELL KONECKY 

WOTKYNS LLP 

By: /s/ Guy B. Wallace 

Guy B. Wallace 

Attorneys for Plaintiffs 

PURSUANT TO STIPULATION, IT IS SO ORDERED. 

DATED: ______________ 

By: 

Lucy H. Koh 

United States District Judge 

February 21, 2017

Case 5:16-cv-07013-LHK Document 36 Filed 02/21/17 Page 3 of 5
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4 

Stipulation Regarding Briefing Schedule on Defendants’ Motions to Dismiss – 5:16-cv-07013-LHK 

DECLARATION OF GUY B. WALLACE 

I, Guy B. Wallace, hereby declare as follows: 

1. I am a partner at the law firm of Schneider Wallace Cottrell Konecky LLP (“Schneider 

Wallace”), and am admitted to practice before this Court. I submit this Declaration in support of the 

parties’ Stipulation Regarding Briefing Schedule. I make this Declaration on personal knowledge 

and, if called as a witness, could and would testify competently to such facts under oath. 

2. I hereby state that the parties agree that enlargement of time is justified here because 

the Schneider Wallace firm has only recently agreed on February 15, 2017 to serve as additional 

counsel for Plaintiffs in the above-captioned matter. The additional time requested will provide 

Plaintiffs sufficient time to review and respond to the arguments raised in Defendants’ three pending 

motions to dismiss. The Schneider Wallace firm anticipates that it will have primary responsibility 

for opposing Defendants’ motions. 

3. It is my understanding based on my firm’s review of the record herein that there have 

not been any previous modifications to the schedule in this case by stipulation. 

4. I hereby state that the parties agree that this requested time modification should have 

no deleterious effect on the schedule for the case, given that this case is in the early stages of 

litigation. 

5. Moreover, there is good cause to allow Plaintiffs and Defendants the additional time 

requested. As state above, the additional time will permit Plaintiffs’ new counsel to analyze 

Defendants’ motions and to meet and confer with Defendants regarding any potential areas of 

agreement that can be addressed by the filing of an amended pleading, thus narrowing the issues to 

be decided by this Court in connection with Defendants’ pending motions to dismiss. 

I declare under penalty of perjury under the laws of the United States of America that the foregoing 

is true and correct. Executed on February 17, 2017 in Emeryville, California. 

By: /s/ Guy B. Wallace 

Guy B. Wallace 

Attorneys for Plaintiffs 

Case 5:16-cv-07013-LHK Document 36 Filed 02/21/17 Page 4 of 5
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SIGNATORY ATTESTATION AND CERTIFICATE OF SERVICE 

Nevarez v. Forty Niners Football Company, LLC, et al. 

Case No. 5:16-cv-07013-LHK 

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SIGNATORY ATTESTATION 

The e-filing attorney hereby attests that concurrence in the content of the foregoing 

document and authorization to file the foregoing document has been obtained from the other 

signatory indicated by a conformed signature (/s/) within the foregoing e-filed document. 

Dated: February 17, 2017 /s/ Guy B. Wallace 

Guy B. Wallace 

CERTIFICATE OF SER9ICE 

I hereby certify that I electronically filed the foregoing document with the Clerk of the 

Court for the United States District Court, Northern District of California, by using the Court’s 

CM/ECF system on February 17, 2017. 

I certify that all participants in the case are registered CM/ECF users and that service will 

be accomplished by the Court’s CM/ECF system. 

 

 Date: February 17, 2017 Respectfully Submitted, 

/s/ Guy B. Wallace

Guy B. Wallace (SBN 176151) 

SCHNEIDER WALLACE 

COTTRELL KONECKY WOTKYNS LLP 

2000 Powell Street, Suite 1400 

Emeryville, California 94608 

Telephone: (415) 421-7100 

Facsimile: (415) 421-7105 

gwallace@schneiderwallace.com 

Counsel for Plaintiffs 

Case 5:16-cv-07013-LHK Document 36 Filed 02/21/17 Page 5 of 5