Terry v. Wasatch Advantage Group, LLC

Opinion

Laura L. Ho (SBN 173179) lho@gbdhlegal.com Anne Bellows (SBN 293722) abellows@gbdhlegal.com Stephanie Tilden (SBN 341486) stilden@gbdhlegal.com 155 Grand Avenue, Suite 900 Oakland, CA 94612 Telephone: (510) 763-9800 ǀ (Fax) (510) 835-1417 Andrew Wolff (SBN 195092) andrew@awolfflaw.com 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) jessenewmark@centrolegal.org 3022 International Blvd., Suite 410 Oakland, CA 94601 Telephone: (510) 437-1863 ǀ (Fax) (510) 437-9164 Jocelyn Larkin (SBN 110817) jlarkin@impactfund.org Lindsay Nako (SBN 239090) lnako@impactfund.org 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

EASTERN DISTRICT OF CALIFORNIA 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 POOL HOLDINGS, LLC, LOGAN PARK APARTMENTS, LLC, LOGAN HOLDINGS, LLC, BELLWOOD JERRON APARTMENTS, LP, BENT TREE APARTMENTS, LLC, CAMELOT LAKES LLC, COURTYARD AT CENTRAL PARK LTD, HAYWARD SENIOR APARTMENTS, LP, VALLEY APARTMENTS, LLC, OAK VALLEY HOLDINGS, LP, PIEDMONT APARTMENTS, POINT NATOMAS APARTMENTS, LP, RIVER APARTMENTS, LP, SPRING VILLA LTD, VILLAGE GROVE APARTMENTS, LP, PREMIER PROPERTIES, LLC, WASATCH and DOES 1-4, Defendants. STIPULATION AND ORDER TO EXTEND THE DAUBERT MOTION DEADLINE 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: WHEREAS, the Parties recently filed their cross motions for summary judgment and partial summary judgment (ECF Nos. 241-51); 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:  Dispositive motion opposition briefs filed by May 13, 2022;  Daubert motions filed by May 13, 2022;  Dispositive motion reply brief filed by May 27, 2022;  Daubert motion opposition briefs filed by May 27, 2022;  Daubert motion reply briefs filed by June 10, 2022;  All dispositive motions, except for motions for continuances, temporary restraining orders or other emergency applications, shall be heard by July 8, 2022; 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; 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); 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:  Daubert motions for purposes of summary judgment filed by May 13, 2022 June 3, 1 2022; e Daubert motion opposition briefs filed by May24%2022 June 17, 2022; e Daubert motion reply briefs filed by Aine 402922 June 24, 2022; Dated: May 2, 2022 Respectfully submitted, GOLDSTEIN, BORGEN, DARDARIAN & HO /s/ Anne P. Bellows Anne P. Bellows Attorneys for Plaintiffs and Relators Dated: May 2, 2022 Respectfully submitted, LEWIS BRISBOIS BISGAARD & SMITH LLP

/s/ Ryan Matthews (as authorized 5/2/22 ) Ryan Matthews Attorneys for Defendants

Order 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: e Daubert motions for purposes of summary judgment filed by May43,2022 June 3, 2022; e Daubert motion opposition briefs filed by May24%2022 June 17, 2022; e Daubert motion reply briefs filed by Aine 402922 June 24, 2022; DATED: May 10, 2022. CHIEF ED STATES DISTRICT JUDGE