On July 18, 2019 a
Stipulation,Agreement
was filed
involving a dispute between
Kittles, Marlon,
and
Bay View Property Managers, Inc.,
Dixon, Frederick Jerome,
Does 1 To 50,
James Roderick Blanding 2011 Trust,
for PERSONAL INJURY/PROPERTY DAMAGE - NON-VEHICLE RELATED
in the District Court of San Francisco County.
Preview
KAUFMAN DOLOWICH & VOLUCK, LLP
1 TAD A. DEVLIN (SBN 190355)
KARTIKEY A. PRADHAN (SBN 291870)
2 425 California Street, Suite 2100
San Francisco, California 94104 ELECTRONICALLY
3 Telephone: (415) 926-7600
Facsimile: (415) 926-7601 F I L E D
Superior Court of California,
4 County of San Francisco
Attorneys for Defendants
5 BAYVIEW PROPERTY MANAGERS, INC. 08/19/2020
Clerk of the Court
JAMES RODERICK BLANDING TRUST 2011 BY: RONNIE OTERO
6 AND FREDERICK JEROME DIXON Deputy Clerk
7 LAW OFFICE OF NIKOLAUS W. REED
NIKOLAUS W. REED (SBN 259971)
8 Pier 40, Suite 7, San Francisco, CA 94107
San Francisco, CA 94107
9 Telephone: (415) 940-7766
Facsimile: (415) 940-7706
10
Attorney for Plaintiff
11 MARLON KITTLES
12
SUPERIOR COURT OF CALIFORNIA
13
COUNTY OF SAN FRANCISCO
14
15 MARLON KITTLES, Case No.: CGC-19-577737
Complaint Filed: June 18, 2019
16 Plaintiff, Trial Date: December 7, 2020
17 v.
18 FREDERICK JEROME DIXON; BAY VIEW DEFENDANTS’ AND PLAINTIFF JOINT
PROPERTY MANAGERS, INC. JAMES STIPULATION TO CONTINUE THE
19 RODERICK BLANDING 2011 TRUST; AND DECEMBER 7, 2020 TRIAL DATE
DOES 1 TO 50,
20
Defendants.
21
22
23
Pursuant to California Rules of Court 3.1332 and San Francisco Superior Court Local Rule
24
6(B), this Stipulation is entered into by and between Defendants Bayview Property Managers, Inc.,
25
James Roderick Blanding Trust 2011 and Frederick Jerome Dixon (“Dixon”) by and through their
26
attorney of record, Tad A. Devlin, and Plaintiff Marlon Kittles, by and through his attorney, Nikolaus
27
Reed (collectively the “Parties”). This Stipulation is based on the following:
28
1 1. WHEREAS the Parties present trial date for December 7, 2020 was set by this Court on
2 December 4, 2019 through a Notice of Time and Place of Trial.
3 2. WHEREAS there have been no prior continuances in this matter.
4 3. WHEREAS discovery in this matter has been delayed due to a breakdown in
5 communication between Defendant Dixon and his counsel at Kaufman Dolowich &
6 Voluck, LLP.
7 4. WHEREAS the onset of the COVID-19 pandemic and subsequent closures have
8 delayed discovery and depositions for Defendants and Plaintiff.
9 5. WHEREAS Defendants intend to file a Motion for Summary Judgment/Adjudication,
10 presently due on August 21, 2020, and the current trial date will now allow sufficient
11 time for Defendants to file and prepare their motion.
12 6. WHEREAS Defendants’ lead trial counsel Tad A. Devlin has a conflict on December
13 7, 2020 due to a trial at Los Angeles Superior Court case number BC620133.
14 7. WHEREAS the Parties intend to mediate in good faith after completion of discovery
15 and key depositions and the present trial date may not allow them sufficient time to do
16 so.
17 8. WHEREAS, and based on the foregoing, the Parties respectfully request a 189-day trial
18 continuance to June 14, 2021 or a date thereafter, and a continuance of all trial related
19 deadlines follow the new trial date.
20 9. WHEREAS the Parties agree that without a continuance, they may be prejudiced from
21 an inability to fully prepare this matter for trial.
22 10. WHEREAS the Parties’ request to continue trial is based on good case as states above.
23 ACCORDINGLY
24 IT IS HEREBY STIPULATED that the Parties jointly and respectfully request that this Court
25 continue the December 7, 2020 trial date by 189 days to June 14, 2021, with all trial related deadlines
26 and discovery cut-offs to follow the new trial date.
27 IT IS HEREBY STIPULATED that this Stipulation may be executed in multiple counterparts
28 that, when taken together, shall be deemed as one Stipulation and that an executed scanned copy or
1 facsimile page of this Stipulation shall be deemed an original for filing with the Court.
2
3 DATED: August 19, 2020 KAUFMAN DOLOWICH VOLUCK, LLP
4
5
6 Kartikey A. Pradhan
Tad A. Devlin
7 Attorneys for Defendants
8
DATED: August ___, 2020 LAW OFFICES OF NIKOLAUS W. REED
9
10
11 Nikolaus W. Reed
Attorney for Plaintiff
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 17 -
DEFENDANTS’ AND PLAINTIFF’S STIPULATED EX PARTE APPLICATION TO CONTINUE THE DECEMBER
7, 2020 TRIAL DATE
Document Filed Date
August 19, 2020
Case Filing Date
July 18, 2019
Category
PERSONAL INJURY/PROPERTY DAMAGE - NON-VEHICLE RELATED
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
KAUFMAN DOLOWICH & VOLUCK, LLP 1 TAD A. DEVLIN (SBN 190355) KARTIKEY A. PRADHAN (SBN 291870) 2 425 California Street, Suite 2100 San Francisco, California 94104 ELECTRONICALLY 3 Telephone: (415) 926-7600 Facsimile: (415) 926-7601 F I L E D Superior Court of California, 4 County of San Francisco Attorneys for Defendants 5 BAYVIEW PROPERTY MANAGERS, INC. 08/19/2020 Clerk of the Court JAMES RODERICK BLANDING TRUST 2011 BY: RONNIE OTERO 6 AND FREDERICK JEROME DIXON Deputy Clerk 7 LAW OFFICE OF NIKOLAUS W. REED NIKOLAUS W. REED (SBN 259971) 8 Pier 40, Suite 7, San Francisco, CA 94107 San Francisco, CA 94107 9 Telephone: (415) 940-7766 Facsimile: (415) 940-7706 10 Attorney for Plaintiff 11 MARLON KITTLES 12 SUPERIOR COURT OF CALIFORNIA 13 COUNTY OF SAN FRANCISCO 14 15 MARLON KITTLES, Case No.: CGC-19-577737 Complaint Filed: June 18, 2019 16 Plaintiff, Trial Date: December 7, 2020 17 v. 18 FREDERICK JEROME DIXON; BAY VIEW DEFENDANTS’ AND PLAINTIFF JOINT PROPERTY MANAGERS, INC. JAMES STIPULATION TO CONTINUE THE 19 RODERICK BLANDING 2011 TRUST; AND DECEMBER 7, 2020 TRIAL DATE DOES 1 TO 50, 20 Defendants. 21 22 23 Pursuant to California Rules of Court 3.1332 and San Francisco Superior Court Local Rule 24 6(B), this Stipulation is entered into by and between Defendants Bayview Property Managers, Inc., 25 James Roderick Blanding Trust 2011 and Frederick Jerome Dixon (“Dixon”) by and through their 26 attorney of record, Tad A. Devlin, and Plaintiff Marlon Kittles, by and through his attorney, Nikolaus 27 Reed (collectively the “Parties”). This Stipulation is based on the following: 28 1 1. WHEREAS the Parties present trial date for December 7, 2020 was set by this Court on 2 December 4, 2019 through a Notice of Time and Place of Trial. 3 2. WHEREAS there have been no prior continuances in this matter. 4 3. WHEREAS discovery in this matter has been delayed due to a breakdown in 5 communication between Defendant Dixon and his counsel at Kaufman Dolowich & 6 Voluck, LLP. 7 4. WHEREAS the onset of the COVID-19 pandemic and subsequent closures have 8 delayed discovery and depositions for Defendants and Plaintiff. 9 5. WHEREAS Defendants intend to file a Motion for Summary Judgment/Adjudication, 10 presently due on August 21, 2020, and the current trial date will now allow sufficient 11 time for Defendants to file and prepare their motion. 12 6. WHEREAS Defendants’ lead trial counsel Tad A. Devlin has a conflict on December 13 7, 2020 due to a trial at Los Angeles Superior Court case number BC620133. 14 7. WHEREAS the Parties intend to mediate in good faith after completion of discovery 15 and key depositions and the present trial date may not allow them sufficient time to do 16 so. 17 8. WHEREAS, and based on the foregoing, the Parties respectfully request a 189-day trial 18 continuance to June 14, 2021 or a date thereafter, and a continuance of all trial related 19 deadlines follow the new trial date. 20 9. WHEREAS the Parties agree that without a continuance, they may be prejudiced from 21 an inability to fully prepare this matter for trial. 22 10. WHEREAS the Parties’ request to continue trial is based on good case as states above. 23 ACCORDINGLY 24 IT IS HEREBY STIPULATED that the Parties jointly and respectfully request that this Court 25 continue the December 7, 2020 trial date by 189 days to June 14, 2021, with all trial related deadlines 26 and discovery cut-offs to follow the new trial date. 27 IT IS HEREBY STIPULATED that this Stipulation may be executed in multiple counterparts 28 that, when taken together, shall be deemed as one Stipulation and that an executed scanned copy or 1 facsimile page of this Stipulation shall be deemed an original for filing with the Court. 2 3 DATED: August 19, 2020 KAUFMAN DOLOWICH VOLUCK, LLP 4 5 6 Kartikey A. Pradhan Tad A. Devlin 7 Attorneys for Defendants 8 DATED: August ___, 2020 LAW OFFICES OF NIKOLAUS W. REED 9 10 11 Nikolaus W. Reed Attorney for Plaintiff 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 17 - DEFENDANTS’ AND PLAINTIFF’S STIPULATED EX PARTE APPLICATION TO CONTINUE THE DECEMBER 7, 2020 TRIAL DATE