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SECOND STIP. AND JOINT REQUEST TO MODIFY SCHEDULING ORDER TO FURTHER 

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

174389 

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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 

SECOND STIPULATION AND JOINT 

REQUEST TO FURTHER MODIFY 

SCHEDULING ORDER TO EXTEND 

DISCOVERY CUT-OFF DATE; AND 

[PROPOSED] ORDER 

Complaint Filed: February 6, 2017 

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 
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SECOND STIP. AND JOINT REQUEST TO MODIFY SCHEDULING ORDER TO FURTHER 

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

174389 

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Order, initially issued June 21, 2017 (Doc. No. 26) and modified on February 14, 2018 (Doc. No. 

36) and March 12, 2018 (Doc. No. 39), to extend the deadline for fact discovery as follows: 

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

1. The Scheduling Order was initially issued on June 21, 2017, and modified pursuant 

to the parties’ joint request on February 14, 2018 and March 12, 2018. The currently requested 

extension is for the fact discovery cut-off only and does not delay the dates for filing dispositive 

motions, or for the pretrial conference and trial. 

2. The parties are actively engaged in settlement negotiations and have reached a 

tentative agreement on the amount of the settlement, but are continuing to negotiate the scope of 

the release and whether the settlement of this action should satisfy the judgment against a nonparty in a previous case, and wish to attempt a resolution of this matter before incurring further 

expense of discovery.. 

Event Scheduled Date Requested Date Previous Extension 

Fact discovery cut-off April 30, 2018 June 8, 2018 2 

Expert disclosures May 14, 2018 No change 2 

Expert rebuttal May 28, 2018 No change 2 

Expert discovery cutoff June 8, 2018 No change 2 

Deadline to file dispositive 

motions 

June 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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SECOND STIP. AND JOINT REQUEST TO MODIFY SCHEDULING ORDER TO FURTHER 

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

174389 

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

setting of depositions. The parties have agreed on the following discovery plan, subject to the 

Court’s granting their joint request to modify the schedule: 

 April 27, 2018 – Defendant’s Responses to Plaintiffs’ Written Discovery due. 

 May 9, 2018 – Plaintiff’s Responses to Defendants’ Written Discovery due. 

 Depositions may be conducted at any time pursuant to the Federal Rules of Civil 

Procedure and the Civil Local Rules, or by mutual agreement. 

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

incorporate its terms in an Order. 

IT IS SO STIPULATED. 

DATED: April 10, 2018 

SALTZMAN & JOHNSON LAW CORPORATION 

By: /s/ Anne M. Bevington 

 Anne M. Bevington 

 Attorneys for Plaintiffs 

DATED: April 10, 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 Anne M. 

Bevington. 

Dated: April 10, 2018 /s/ Robert F. Schwartz 

 Robert F. Schwartz 

IT IS SO ORDERED. 

Dated: ____________, 2018 

 HON. JON S. TIGAR 

United States District Judge 

April 12

No further continuances will be granted based on the parties' efforts to 

reach a settlement.