Case 5:07-cv-04808-JF
Document 64
Filed 08/01/2008
Page 1 of 5
1
KURT OSENBAUGH (State Bar No. 106132) DEBORA YOON JONES (State Bar No.1 18127)
WESTON, BENSHOOF, ROCHEFORT,
333 South HOQe Street, Sixteenth Floor Los Angeles, California 90071 Telephone: (213) 576-1000
2
3
SAY AK KATANI (State Bar No. 240122)
RUBALCAVA & MacCUISH LLP
4
5
6 7
8
Facsimile: (213) 576-1100 kosenbaugh(fwbcounsel.com djones~wbcounsel.com skaritann(iwbcounsel. com
Attorneys for Plaintiff and Counter-Defendant BP WEST COAST PRODUCTS LLC
JOHN G. MICHAEL (State Bar No. 106107) BAKER MANOCK & JENSEN, P.C. 5260 North Palm Avenue, Fourth Floor Fresno, California 93704-2209
9
10
11
Facsimile: (5592432-5620
Attorneys for Defendants and Counterclaim
Telephone: (559) 432-5400
12
13
E-mail: bmj(fbakermanock.com
14
15
AVA GLOBAL ENTERPRISE, LLC
ants STTN ENTERPRISES, INC., NAZIM F AQUIRY AN, SAYED F AQUIRY AN, MAGHUL F AQUIRY AN, and
16 17
18
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
BP WEST COAST PRODUCTS LLC, a Delaware Limited Liability Company,
Plaintiff,
v.
Case No.: C07 04808 RS
19
20
21
22
23
24
25
STTN ENTERPRISES, INC., a California COJ)oration~ NAZIM FAgUIRYAN, an individual; ~A YED FAQl IRY AN, an individual; and MAGHUL F AQUIRY AN, an individual; and A V A GLOBAL ENTERPRISE, LLC, a California limited liability company,
Defendants.
JOINT CASE MANAGEMENT STATEMENT OF PARTIES FOR THE CASE MANAGEMENT STATUS CONFERENCE SET FOR AUGUST 8, 2008 PURSUANT TO LOCAL RULE 16-10(d)
CMC Date: August 8, 2008
Time: 9:00 a.m. Ctrm: 3
Honorable Jeremy Fogel
Filing Date: September 17, 2007
26
27
28
JOINT CASE MANAGEMENT STATEMENT OF PARTIES
1232545.1
AND RELATED CROSS-ACTION.
Case 5:07-cv-04808-JF
Document 64
Filed 08/01/2008
Page 2 of 5
1
TO THE HONORALE JEREMY FOGEL:
Counsel for Plaintiff and Counter-Defendant BP West Coast Products
2
3
LLC ("BPWCP"), and Defendants and Counterclaimants STT Enterprises, Inc.,
Nazim Faquiryan, Sayed Faquiryan, Maghul Faquiryan, and AVA Global Enterprise,
4
5
LLC (defendants collectively referred to as, the "Defendants") (BPWCP and
Defendants shall collectively be referred to as, the "Parties") hereby submit, pursuant
6 7
8
to Local Rule 16- 1 O( d), the following Case Management Statement for the Status
Conference set for August 8,2008:
9
10
1 1
I.
UPDATE OF PROCEDURAL STATUS OF CASE SINCE JUNE 13~ 2008
A.
Amendment of Pleadin2s
On June 6, 2008, BPWCP filed a Stipulation and (Proposed) Order for
12
13
Leave to Amend the Second Amended Complaint (and file a Revised Second
Amended Complaint), which the Court signed on or about June 16, 2008.
B.
14
15
Motions
BPWCP currently has reserved August 8, 2008 for hearing on its motions
16
17 18
for summary judgment/partial summary judgment concerning its operative Complaint
and the Counterclaim. The parties have filed and served all of the related papers for
the summary judgment hearing.
C.
19
20
21
Settlement and ADR
The Parties are scheduled to mediate this matter before the Honorable
22
23
(Ret.) Legge on August 1 1, 2008, in San Francisco, California.
24
25
II.
PROPOSALS FOR REMAINDER OF THE CASE DEVELOPMENT
PROCESS
If the case is not resolved based on BPWCP's Motions for Summary
26 27
28
Judgment/Partial Summary Judgment, or at mediation on August 1 1, 2008, the parties
1
JOINT CASE MANAGEMENT STATEMENT OF PARTIES
1232545.1
Case 5:07-cv-04808-JF
Document 64
Filed 08/01/2008
Page 3 of 5
1
wil need to prepare to proceed to triaL. BPWCP and the STTN Parties are in
agreement with respect to the proposed discovery, motion and trial schedule and the
Parties propose the following:
2
3
4
5
Description
Initial expert witness disclosure
Date
October 1, 2008
6 7
8
Rebuttal expert witness disclosure
November 1, 2008 November 1, 2008
Last day to amend pleadings or
join parties
9
10
11
Expert and fact discovery cut-off
December 1, 2008
Motion (non-dispositive) cut-off
Motion (dispositive) cut-off
Settlement Conference
November 15,2008
December 14, 2008
12
13
January 15,2009
February 15, 2009 February 22, 2009
14
15
Pre-trial Conference Discussion
Date for Pre-trial Conference
Trial (7-1 0 days)
16
March 16,2009
17
18
BPWCP estimates that a trial in this action wil requure 7-10 days.
Defendants estimate that a trial in this action wil require ten (10) days.
19
20
21
Furthermore, BPWCP advises this Court that their counsel of record wil
be engaged in trials on other matters on the following dates:
22
23
. August 26,2008 for approximately 2 weeks (matter pending in the
U.S. District Court, Central District of California before The
24
25
Honorable Philip S. Gutierrez).
Counsel for BPWCP is also unavailable December 15, 2008 through
January 1,2009.
26
27
28
II
2
JOINT CASE MANAGEMENT STATEMENT OF PARTIES
1232545.1
Case 5:07-cv-04808-JF
Document 64
Filed 08/01/2008
Page 4 of 5
1
Defendants advise this Court that their counsel of record wil be engaged
in trials on other matters on the following dates:
. August 27, 2008 for approximately three days in Fresno County
2
3
4
5
Superior Court;
. September 18-26, 2008 for a binding arbitration;
. October 1, 2008 for approximately eight weeks in Orange County
Superior Court;
6 7
8
. October 6, 2008 for approximately one week in Fresno County
Superior Court;
9
10
11
. October 14-17, 2008 for approximately four days in Fresno
Superior Court;
12
13
. October 27-31, 2008 for approximately five days in Tulare County
Superior Court;
14
15
. November 17-21, 2008 for approximately five days in Merced
County Superior Court;
16 17 18
. December 8, 2008 for approximately seven days in Fresno County
Superior Court;
. January 20, 2009 for approximately seven days in Fresno County
Superior Court;
19
20
21
. February 2-6, 2009 for approximately five days in U.S. District
Court, Northern District in San Francisco;
. March 9, 2009 for approximately five days in Fresno County
22
23
Superior Court; and
24
25
.
II II
April 13, 2009 for approximately five days in Fresno County
Superior Court.
26 27
28
3
JOINT CASE MANAGEMENT STATEMENT OF PARTIES
1232545.1
Case 5:07-cv-04808-JF
Document 64
Filed 08/01/2008
FAX NO, 559 4325620
Page 5 of 5
P. 06
.--.'
.AWG-O 1-2008 FR I 03: 27 PM BAKER MANOCK JENSEN
1
RES.PECTFULL Y SUBMITTED BY:
2
3
4
5
DATED: J~ t) 2008 KURT OSENBĀ”:~UGH ~: DEBORA SAY AK KAT ANI YOON JONES
WESTON, BErlSHOOF, ROCHEFORT, RUBALCA V & MacCUISH LLP
6
7 8
9
10
11
DATED:Jw_.2008
~.I
JOHN G. MICl1AEL
BAKER MANOCK & JENSEN, PC i
12
13
~~John G. Michael
Att me)'s for DD~fendants and Counterclaimants
14
15
FAOilRYAN SAYEuFAQUIYAN
STTN ENTERFRISES.. INC., NAZIM
MAGHUL FAbUIRY AN, and A V A GLOBAL ENTERPRISE, LLC
16
17 18
19
20
21
22
23
24
25
26
27 28
1232545.1
4
JOINT CASE MANAGEMENT STATEMENT OF P ARTTES