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STIP. AND JOINT REQUEST TO MODIFY SCHEDULING ORDER TO EXTEND 

DISCOVERY CUT-OFF; [PROPOSED] ORDER; CASE NO. 3:17-cv-00602 JST 

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Anne M. Bevington, Esq. (SBN 111320) 

Kimberly A. Hancock, Esq. (SBN 205567) 

Matthew P. Minser, Esq. (SBN 296344) 

SALTZMAN & JOHNSON LAW CORPORATION 

44 Montgomery Street, Suite 2110 

San Francisco, CA 94104 

(415) 882-7900 

(415) 882-9287 – Facsimile 

abevington@sjlawcorp.com

khancock@sjlawcorp.com

mminser@sjlawcorp.com

Attorneys for Plaintiffs, Automotive Industries 

Pension Trust Fund, et al. 

Robert F. Schwartz, No. 227327 

Clarissa A. Kang, No. 210660 

Jahiz Noel Agard, No. 282988 

TRUCKER  HUSS 

A Professional Corporation 

One Embarcadero Center, 12th Floor 

San Francisco, CA 94111 

Telephone: (415) 788-3111 

Facsimile: (415) 421-2017 

E-mail: rschwartz@truckerhuss.com 

ckang@truckerhuss.com 

 jagard@truckerhuss.com 

 

Attorneys for Defendants 

Mike Rose’s Auto Body, Inc., et al. 

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF CALIFORNIA 

(SAN FRANCISCO DIVISION) 

AUTOMOTIVE INDUSTRIES PENSION 

TRUST FUND, et al., 

Plaintiffs, 

v. 

MIKE ROSE’S AUTO BODY INC., a 

California corporation, et al. 

Defendants. 

 Case No.: Case No. 17-cv-00602 JST 

STIPULATION AND JOINT REQUEST 

TO MODIFY SCHEDULING ORDER TO 

EXTEND DISCOVERY CUT-OFF 

DATES; AND 

[PROPOSED] ORDER 

Complaint Filed: February 6, 2017 
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STIP. AND JOINT REQUEST TO MODIFY SCHEDULING ORDER TO EXTEND 

DISCOVERY CUT-OFF; [PROPOSED] ORDER; CASE NO. 3:17-cv-00602 JST 

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 IT IS HEREBY STIPULATED by and between the parties to this action, by and through 

their attorneys of record, and the parties jointly request that the Court modify its Scheduling 

Order, issued June 21, 2017 (Doc. No. 26), as follows: 

The parties submit that good cause exists for the following reasons. 

1. The above schedule was set by the Court in its Scheduling Order on June 21, 2017. 

The parties have not requested any previous extensions of these dates. The requested extensions 

are for discovery cut-off dates only and do not delay the dates for filing dispositive motions, or 

for the pretrial conference and trial. 

2. The parties are engaged in settlement negotiations and wish to attempt a resolution 

of this matter before incurring further expense of discovery. 

3. The parties have propounded written discovery and have conferred regarding the 

setting of depositions. A number of deponents are not available in February but are available in 

March. The parties have agreed on the following discovery plan, subject to the Court’s granting 

their joint request to modify the schedule: 

Event Scheduled Date Requested Date Previous Extension 

Fact discovery cut-off Feb. 28, 2018 Mar. 30, 2018 None 

Expert disclosures Mar. 22, 2018 Apr. 23, 2018 None 

Expert rebuttal Apr. 22, 2018 May 15, 2018 None 

Expert discovery cutoff May 25, 2018 June 1, 2018 None 

Deadline to file dispositive 

motions 

Jun. 21, 2018 No change None 

Pretrial conference statement 

due 

Sept. 25, 2018 No change None 

Pretrial conference Oct. 5, 2018 

2:00 p.m. 

No change None 

Trial Oct. 29, 2018 

8:30 a.m. 

No change None 
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STIP. AND JOINT REQUEST TO MODIFY SCHEDULING ORDER TO EXTEND 

DISCOVERY CUT-OFF; [PROPOSED] ORDER; CASE NO. 3:17-cv-00602 JST 

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March 5, 2018 - Plaintiffs’ Responses to Defendant’s Written Discovery due 

March 14, 2018 – Depositions of Trustees James Beno and Doug Cornford 

March 19, 2018 – Defendant’s Responses to Plaintiffs’ Written Discovery due 

March 16, 19, or 20 – Deposition of Trust Fund 30(b)(6) 

March 1 -- 30 -- Third-Party Depositions 

March 21 – 30 – Depositions of Defendants William Brunelli, James Brunelli, Brennan 

Rose, Mike Rose’s Auto Body, Inc. 30(b)(6), and Washington Township Central Investment 

30(b)(6). 

7. The parties respectfully request that the Court approve this stipulation and 

incorporate its terms in an Order. 

IT IS SO STIPULATED. 

DATED: February 13, 2018 

SALTZMAN & JOHNSON LAW CORPORATION 

By: /S/_Anne M. Bevington____ 

 Anne M. Bevington 

 Attorneys for Plaintiffs 

DATED: February 13, 2018 

TRUCKER  HUSS 

By: /S/ Robert F. Schwartz 

 Robert F. Schwartz 

 Attorneys for Defendants 

CERTIFICATION RE SIGNATURES 

I attest that concurrence in the filing of this document has been obtained from Robert F. 

Schwartz. 

Dated: February 13, 2018 /s/ Anne M. Bevington 

 Anne M. Bevington 

IT IS SO ORDERED. 

Dated: ____________, 2017 

 HON. JON S. TIGAR 

United States District Judge 

February 14, 2018