Terry v. Wasatch Advantage Group, LLC

1 Laura L. Ho (SBN 173179) [email protected] Anne Bellows (SBN 293722) [email protected] Stephanie Tilden (SBN 341486) [email protected] GOLDSTEIN, BORGEN, DARDARIAN & HO Grand Avenue, Suite 900 Oakland, CA 94612 Telephone: (510) 763-9800 ǀ (Fax) (510) 835-1417 Andrew Wolff (SBN 195092) [email protected] LAW OFFICES OF ANDREW WOLFF, PC 1615 Broadway, 4th Floor Oakland, CA 94612 Telephone: (510) 834-3300 ǀ (Fax) (510) 834-3377 Jesse Newmark (SBN 247488) [email protected] CENTRO LEGAL DE LA RAZA 3022 International Blvd., Suite 410 Oakland, CA 94601 Telephone: (510) 437-1863 ǀ (Fax) (510) 437-9164 Jocelyn Larkin (SBN 110817) [email protected] Lindsay Nako (SBN 239090) [email protected] THE IMPACT FUND 2080 Addison Street, Suite 5 Berkeley, CA 94704 Telephone: (510) 845-3473 ǀ (Fax) (510) 845-3654 Attorneys for Plaintiffs and Relators and the Certified Classes 19 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 20 SACRAMENTO DIVISION UNITED STATES OF AMERICA, ex rel. Case No.: 2:15-CV-00799-KJM-DB DENIKA TERRY, ROY HUSKEY III, and TAMERA LIVINGSTON, and each of them for CLASS ACTION themselves individually, and for all other persons similarly situated and on behalf of the UNITED STIPULATION AND ORDER TO EXTEND STATES OF AMERICA THE DAUBERT MOTION DEADLINE Plaintiffs/Relators, Before: Hon. Chief Judge Kimberly J. Mueller vs. Trial Date: None Set WASATCH ADVANTAGE GROUP, LLC, WASATCH PROPERTY MANAGEMENT, INC., WASATCH POOL HOLDINGS, LLC, CHESAPEAKE APARTMENT HOLDINGS, LLC, LOGAN PARK APARTMENTS, LLC, LOGAN PARK APARTMENTS, LP, ASPEN PARK HOLDINGS, LLC, BELLWOOD JERRON HOLDINGS, LLC, BELLWOOD JERRON APARTMENTS, LP, BENT TREE APARTMENTS, LLC, CALIFORNIA PLACE APARTMENTS, LLC, CAMELOT LAKES HOLDINGS, LLC, CANYON CLUB HOLDINGS, LLC, COURTYARD AT CENTRAL PARK APARTMENTS, LLC, CREEKSIDE HOLDINGS, LTD, HAYWARD SENIOR APARTMENTS, LP, HERITAGE PARK APARTMENTS, LP, OAK VALLEY APARTMENTS, LLC, OAK VALLEY HOLDINGS, LP, PEPPERTREE APARTMENT HOLDINGS, LP, PIEDMONT APARTMENTS, LP, POINT NATOMAS APARTMENTS, LLC, POINT NATOMAS APARTMENTS, LP, RIVER OAKS HOLDINGS, LLC, SHADOW WAY APARTMENTS, LP, SPRING VILLA APARTMENTS, LP, SUN VALLEY HOLDINGS, LTD, VILLAGE GROVE APARTMENTS, LP, WASATCH QUAIL RUN GP, LLC, WASATCH PREMIER PROPERTIES, LLC, WASATCH POOL HOLDINGS III, LLC, and DOES 1-4, Defendants.

1 STIPULATION AND ORDER TO EXTEND THE DAUBERT MOTION DEADLINE 2 Plaintiffs and Relators Denika Terry, Roy Huskey III, and Tamera Livingston as court appointed representatives for the certified classes of California tenants and as relators for the United States and Defendants Wasatch Property Management, et al. (together the Parties), by and through their undersigned counsel, stipulate as follows: 6 WHEREAS, the Parties recently filed their cross motions for summary judgment and partial summary judgment (ECF Nos. 241-51); 8 WHEREAS, the current scheduling order (ECF No. 143), as most recently modified by a stipulation and order signed by the Court on March 15, 2022 (ECF No. 237), provides for the following approaching deadlines: 11  Dispositive motion opposition briefs filed by May 13, 2022; 12  Daubert motions filed by May 13, 2022; 13  Dispositive motion reply brief filed by May 27, 2022; 14  Daubert motion opposition briefs filed by May 27, 2022; 15  Daubert motion reply briefs filed by June 10, 2022; 16  All dispositive motions, except for motions for continuances, temporary restraining 17 orders or other emergency applications, shall be heard by July 8, 2022; 18 WHEREAS, the Parties have determined that it would serve the interests of efficiency and judicial economy to defer briefing on any Daubert motions related to summary judgment until the scope of record at issue in the summary judgment motions is more clearly established; 21 WHEREAS, the Parties further wish to clarify that the contemplated deadline for Daubert motions is solely with respect to the current dispositive briefing, and does not preclude subsequent pre- trial motions raising objections under Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993); 24 THEREFORE, the Parties jointly stipulate and request that the Court order that the Scheduling Order (ECF Nos. 143, 237) be modified to reflect the following Daubert motion briefing deadlines, leaving the remaining deadlines unchanged: 27  Daubert motions for purposes of summary judgment filed by May 13, 2022 June 3, 1 2022; 2 e Daubert motion opposition briefs filed by May24%2022 June 17, 2022; 3 e Daubert motion reply briefs filed by Aine 402922 June 24, 2022; 5|| Dated: May 2, 2022 Respectfully submitted, 6 GOLDSTEIN, BORGEN, DARDARIAN & HO /s/ Anne P. Bellows 8 Anne P. Bellows 9 Attorneys for Plaintiffs and Relators Dated: May 2, 2022 Respectfully submitted, LEWIS BRISBOIS BISGAARD & SMITH LLP 13 /s/ Ryan Matthews (as authorized 5/2/22 ) Ryan Matthews 15 Attorneys for Defendants Order 18 Good cause appearing, the Court hereby ORDRERS that the scheduling order be modified to reflect the following deadlines for Daubert motions related to Phase 1 liability dispositive motion briefing: 21 e Daubert motions for purposes of summary judgment filed by May43,2022 June 3, 22 2022; 23 e Daubert motion opposition briefs filed by May24%2022 June 17, 2022; 24 e Daubert motion reply briefs filed by Aine 402922 June 24, 2022; 25 SO ORDERED.

26|| DATED: May 10, 2022.

CHIEF ED STATES DISTRICT JUDGE