Weco Supply Company, Inc. v. The Sherwin-Williams Company

Filing 69

ORDER Setting Supplemental Briefing Schedule On Summary Judgment And Continuing Pre-Trial Conference And Trial Dates, signed by Chief Judge Anthony W. Ishii on 5/31/2012. (Defendant's Supplemental Deadline: 6/15/2012, Plaintiff's Reply Brie f due by 7/6/2012, Plaintiff's Opposition/Non-Opposition due by 6/29/2012, Jury Trial set for 10/10/2012 at 08:30 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii, Pretrial Conference set for 9/6/2012 at 08:30 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii)(Fahrney, E)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT FOR THE

7

EASTERN DISTRICT OF CALIFORNIA

8
9
10
11
12
13
14
15
16

WECO SUPPLY COMPANY, INC., a
California corporation

)
)
)
Plaintiff,
)
)
v.
)
)
THE SHERWIN-WILLIAMS
)
COMPANY,
)
)
Defendant.
)
____________________________________)
)
AND RELATED CROSS-ACTION
)
____________________________________)

1:10-CV-00171 AWI BAM
ORDER SETTING
SUPPLEMENTAL BRIEFING
SCHEDULE ON SUMMARY
JUDGMENT AND
CONTINUING PRE-TRIAL
CONFERENCE AND TRIAL
DATES

17
18
On May 25, 2012, the Court issued an Order on Defendant and Cross-Complainant The
19
Sherwin-Williams Company’s Motions for Summary Judgment. See Court’s Docket, Doc. No.
20
66. The Order stated that the Court would give leave, if desired, to file supplemental briefing on
21
the issue of whether summary judgment on Plaintiff and Cross-Defendant Weco Supply
22
Company’s breach of contract claim precludes Weco’s claim for relief for breach of the implied
23
covenant of good faith and fair dealing. Id. at n.13. On May 31, 2012, the parties filed a
24
stipulation to set a supplemental briefing schedule and continue the pre-trial conference and trial
25
dates. See Court’s Docket, Doc. No. 68.
26
Accordingly, IT IS HEREBY ORDERED that:
27
1.
28

Sherwin-Williams SHALL file a supplemental brief in support of its motion for

1

summary judgment on the claim for breach of the implied covenant of good faith

2

and fair dealing no later than June 15, 2012;

3

2.

4

Weco SHALL file an opposition or statement of non-opposition no later than June
29, 2012;

5

3.

Sherwin-Williams SHALL file a reply brief, if any, no later than July 6, 2012;

6

4.

The pre-trial conference currently scheduled for June 8, 2012, is CONTINUED to

7
8

September 6, 2012; and
5.

The current trial date of July 10, 2012, is CONTINUED to October 10, 2012.

9
10

IT IS SO ORDERED.

11
12

Dated:
0m8i78

May 31, 2012
CHIEF UNITED STATES DISTRICT JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2