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28 16814.001 4823-8865-3702.1 1 

JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING TRIAL AND ASSOCIATED DEADLINES, 

Case Nos. 17-cv-0851-EDL; 17-cv-01232-EDL 

54438538v.1 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

RISING TIDE I, LLC; RISING TIDE II, LLC,

Plaintiffs, 

v. 

MICHAEL FITZSIMMONS; PETER LAI; 

CHRIS G. POWER; PETER J. GOETTNER; 

CHRISTIAN BORCHER; ERNEST D. DEL; 

MARC S. YI; JAMES C. PETERS; AND 

SOUHEIL S. BADRAN, 

Defendants. 

Case No. 17-cv-00851 EDL

Case No. 17-cv-01232-EDL 

JOINT STIPULATION AND [PROPOSED] 

ORDER CONTINUING TRIAL AND 

ASSOCIATED DEADLINES 

Trial Date: January 13, 2020 

JOHN E. ABDO, as Trustee of the JOHN E.

ABDO TRUST DATED JUNE 11, 2014, and 

JOHN E. ABDO, as Trustee of the JOHN E. 

ABDO TRUST DATED MARCH 15, 1976, 

Plaintiffs, 

v. 

MICHAEL FITZSIMMONS; PETER LAI; 

CHRIS G. POWER; PETER J. GOETTNER; 

CHRISTIAN BORCHER; ERNEST D. DEL; 

MARC S. YI; JAMES C. PETERS; AND 

SOUHEIL S. BADRAN, 

Defendants. 
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28 16814.001 4823-8865-3702.1 2 

JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING TRIAL AND ASSOCIATED DEADLINES, 

Case Nos. 17-cv-0851-EDL; 17-cv-01232-EDL 

54438538v.1 

Pursuant to Fed. R. Civ. P. 6(b)(1) and Civil L.R. 6-1, 6-2, and 7-12, the parties 

(“Parties”) in related case numbers 17CV0851-EDL and 17CV1232-EDL hereby submit, for the 

Court’s consideration and approval, this Joint Stipulation and Order Continuing Trial and 

Associated Deadlines as follows: 

WHEREAS, on January 15, 2019 the Parties attended a mediation in the above titled 

related cases, which was unsuccessful. 

WHEREAS, at mediation it was revealed that another mediation could be more 

productive after the completion of third party discovery, particularly discovery from third parties 

that may be obligated to indemnify Defendants and carry relevant insurance. 

WHEREAS, the parties have been and are diligently seeking to further third party 

discovery and wish to continue such efforts in order to foster a potentially successful second 

mediation. 

WHEREAS, some third parties are resisting such discovery and it is possible that motion 

practice will be necessary. 

WHEREAS, given the additional discovery that needs to take place prior to the next 

mediation, the Parties agree and stipulate to continue trial and all associated deadlines by 

approximately sixty (60) days as follows or as deemed appropriate by the Court: 

Event Current 

Deadline 

Extension (60 days - 

with the exception of 

the first deadline)

Deadline to file a motion to add claims or 

parties 

1/30/19 5/30/191

Close of fact discovery 5/28/19 7/26/19 

Initial expert disclosures 6/4/19 8/2/19 

Rebuttal expert disclosures 6/18/19 8/16/19 

Close of expert discovery 7/1/19 8/30/19 

Deadline for Defendants’ dispositive motion 7/9/19 9/6/19 

1

 The Parties agree to extend this deadline by 120 days because filing of third party 

complaints/counterclaims/crossclaims is likely to impede ongoing attempts at settlement. 
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28 16814.001 4823-8865-3702.1 3 

JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING TRIAL AND ASSOCIATED DEADLINES, 

Case Nos. 17-cv-0851-EDL; 17-cv-01232-EDL 

54438538v.1 

Deadline for Plaintiffs to file combined 

opposition and cross-motion brief 

7/30/19 9/27/19 

Deadline for Defendants’ combined reply and 

opposition brief 

8/20/19 10/18/19 

Deadline for Plaintiffs’ reply to the crossmotion brief 9/3/19 11/1/19 

Hearing on dispositive motions 9/24/19 11/26/19 

Meet and confer re joint pretrial statement, 

exchange of pretrial materials, and settlement 

(at least 30 days before pretrial conference) 

Not specified in 

Order 

1/17/20 

Deadline for: 

-Joint pretrial statement 

-Trial briefs 

-Motions in limine

-Daubert motions 

-Proposed voir dire questions 

-Jury instructions 

-Verdict forms 

-Deposition transcript designations and other 

discovery materials to be used at trial 

-Exhibit setting forth expert qualifications and 

experience 

-Exhibit lists 

-Exchange of exhibits, with copy to chambers 

(at least 20 days before pretrial conference) 

Not specified in 

Order 

1/29/20 

Deadline for: 

-Objections to exhibits or deposition excerpts 

or other discovery materials 

-objections to non-expert witnesses 

-Objections to proposed voir dire questions 

-Jury instructions 

-Verdict forms 

-Oppositions to motions in limine

(at least 10 days before pretrial conference) 

Not specified in 

Order 

2/7/20 

Pretrial conference 12/17/19 2/18/20 

Jury trial (7 days) 1/13/20 3/16/20 
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28 16814.001 4823-8865-3702.1 4 

JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING TRIAL AND ASSOCIATED DEADLINES, 

Case Nos. 17-cv-0851-EDL; 17-cv-01232-EDL 

54438538v.1 

WHEREAS, in case number 17CV0851-EDL the Parties have previously stipulated to 

and requested the Court issue an order extending the motion to dismiss briefing deadlines and 

hearing dates, as well as the date for the Initial Case Management Conference in this action 

(Dkts. 12, 15, 27, and 38), and this Court granted those stipulated requests (Dkts. 13, 18, 28, and 

39). 

WHEREAS, in case number 17CV1232-EDL the Parties have previously stipulated to 

and requested the Court issue an order extending the motion to dismiss briefing deadlines and 

hearing dates, as well as the date for the Initial Case Management Conference in this action 

(Dkts. 12, 17, and 34), and this Court granted those stipulated requests (Dkts. 14, 18, 25, and 35). 

THEREFORE, subject to the Court’s approval, the Parties hereby Stipulate to an Order 

by the Court that the trial date currently set for January 13, 2020 and all associated deadlines be 

continued by approximately sixty (60) days.2

DATED: January 29, 2019 COBLENTZ PATCH DUFFY & BASS LLP 

By: /s/ Rees F. Morgan 

Rees F. Morgan 

Sean P.J. Coyle 

Sarah E. Peterson 

Attorneys for Plaintiffs 

RISING TIDE I, LLC; RISING TIDE II, LLC 

2

 In accordance with N.D. Cal. L. R. 5-1(i)(3), the filer of this document attests that concurrence 

in the filing of this document has been obtained from the other signatories. 
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28 16814.001 4823-8865-3702.1 5 

JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING TRIAL AND ASSOCIATED DEADLINES, 

Case Nos. 17-cv-0851-EDL; 17-cv-01232-EDL 

54438538v.1 

DATED: January 29, 2019 STEARNS WEAVER MILLER WEISSLER 

ALHADEFF & SITTERSON, P.A. 

By: /s/ Jason P. Hernandez 

Eugene E. Stearns 

Jason P. Hernandez 

Matthew G. Graham 

Attorneys for Plaintiff 

JOHN E. ABDO, 

as Trustee of the JOHN E. ABDO TRUST 

DATED JUNE 11, 2014, and JOHN E. ABDO, 

as Trustee of the JOHN E. ABDO TRUST 

DATED MARCH 15, 1976 

DATED: January 29, 2019 TAYLOR & PATCHEN, LLP 

By: /s/ Jonathan A. Patchen

Jonathan A. Patchen 

Max Baba Twine 

Attorneys for Plaintiff 

JOHN E. ABDO, 

as Trustee of the JOHN E. ABDO TRUST 

DATED JUNE 11, 2014, and JOHN E. ABDO, 

as Trustee of the JOHN E. ABDO TRUST 

DATED MARCH 15, 1976 
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28 16814.001 4823-8865-3702.1 6 

JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING TRIAL AND ASSOCIATED DEADLINES, 

Case Nos. 17-cv-0851-EDL; 17-cv-01232-EDL 

54438538v.1 

DATED: January 29, 2019 SEYFARTH SHAW LLP 

By: /s/ Giovanna A. Ferrari 

Gregory A. Markel 

Giovanna A. Ferrari 

Heather E. Murray 

Attorneys for Defendants 

MICHAEL R. FITZSIMMONS, PETER LAI, 

CHRISTOPHER G. POWER, PETER J. 

GOETTNER, CHRISTIAN BORCHER, 

ERNEST D. DEL, MARC S. YI, 

JAMES C. PETERS and SOUHEIL S. BADRAN
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28 16814.001 4823-8865-3702.1 7 

JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING TRIAL AND ASSOCIATED DEADLINES, 

Case Nos. 17-cv-0851-EDL; 17-cv-01232-EDL 

54438538v.1 

[PROPOSED] ORDER 

The Court, having reviewed the Parties’ Joint Stipulation and [Proposed] Order 

Continuing Trial Date and Deadlines, orders as follows: 

The trial date currently set for January 13, 2020 and all associated deadlines be continued 

as follows: 

Event Current Deadline Extension 

Deadline to file a motion to add claims or 

parties 

1/30/19 5/30/19 

Close of fact discovery 5/28/19 7/26/19 

Initial expert disclosures 6/4/19 8/2/19 

Rebuttal expert disclosures 6/18/19 8/16/19 

Close of expert discovery 7/1/19 8/30/19 

Deadline for Defendants’ dispositive motion 7/9/19 9/6/19 

Deadline for Plaintiffs to file combined 

opposition and cross-motion brief 

7/30/19 9/27/19 

Deadline for Defendants’ combined reply and 

opposition brief 

8/20/19 10/18/19 

Deadline for Plaintiffs’ reply to the crossmotion brief 9/3/19 11/1/19 

Hearing on dispositive motions 9/24/19 11/26/19 

Meet and confer re joint pretrial statement, 

exchange of pretrial materials, and settlement 

(at least 30 days before pretrial conference) 

Not specified in 

Order 

1/17/20 
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28 16814.001 4823-8865-3702.1 8 

JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING TRIAL AND ASSOCIATED DEADLINES, 

Case Nos. 17-cv-0851-EDL; 17-cv-01232-EDL 

54438538v.1 

Deadline for: 

-Joint pretrial statement 

-Trial briefs 

-Motions in limine

-Daubert motions 

-Proposed voir dire questions 

-Jury instructions 

-Verdict forms 

-Deposition transcript designations and other 

discovery materials to be used at trial 

-Exhibit setting forth expert qualifications and 

experience 

-Exhibit lists 

-Exchange of exhibits, with copy to chambers 

(at least 20 days before pretrial conference) 

Not specified in 

Order 

1/29/20 

Deadline for: 

-Objections to exhibits or deposition excerpts 

or other discovery materials 

-objections to non-expert witnesses 

-Objections to proposed voir dire questions 

-Jury instructions 

-Verdict forms 

-Oppositions to motions in limine

(at least 10 days before pretrial conference) 

Not specified in 

Order 

2/7/20 

Pretrial conference 12/17/19 2/18/20 

Jury trial (7 days) 1/13/20 3/16/20 

IT IS ORDERED. 

Dated: __________ 

ELIZABETH D. LAPORTE 

UNITED STATES MAGISTRATE JUDGE 

1/31/19