Free Joint Case Management Statement - District Court of California - California

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 OSENB¡:~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