Brisbin v. Vulcan Materials Company

Filing 33

STIPULATION and ORDER to reset the Settlement Conference date and extend remaining trial deadlines. Settlement Conference set for 1/8/2013, at 10:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The Parties shall exchange supplemental expert disclosures on or before 10/1/2012, and expert discovery shall be completed by 12/14/2012. Order signed by Magistrate Judge Sheila K. Oberto on 9/4/2012. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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JOHN C. BRISBIN, an individual, dba
CONSTRUCTION DEVELOPMENT
SYSTEMS,

Case No.: 1:11-cv-00568-AWI-SKO
STIPULATION TO RESET THE
SETTLEMENT CONFERENCE DATE
AND EXTEND REMAINING TRIAL
DEADLINES; ORDER THEREON

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Plaintiff,
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v.
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VULCAN MATERIALS COMPANY, a New
Jersey corporation; and DOES 1 through 100,
inclusive,

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Defendants.
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AND RELATED COUNTERCLAIMS.

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Plaintiff

and

Counter-Defendant

JOHN

C.

BRISBIN,

an

individual,

dba

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CONSTRUCTION DEVELOPMENT SYSTEMS (“CDS”), Counter-Defendant WESTERN

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SURETY COMPANY, a South Dakota corporation (“WESTERN”), and Defendant and

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Counter-Claimant CALMAT CO., a Delaware corporation, dba VULCAN MATERIALS

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COMPANY – WESTERN DIVISION (“VULCAN”), hereby agree and stipulate as follows:
RECITALS

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WHEREAS, the Scheduling Order dated July 12, 2011 contained a deadline of
October 31, 2011 for the completion of all discovery pertaining to non-experts.

Stipulation to Reset the Settlement Conference Date
and Extend Remaining Trial Deadlines; Order Thereon

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WHEREAS, on October 12, 2011, the Parties submitted a Stipulation and Proposed

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Order requesting to Amend the Scheduling Order to continue the deadline for completion of

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non-expert discovery from October 31, 2011 to January 31, 2012, which request was granted by

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the Court on October 17, 2011.

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WHEREAS, on December 29, 2011, the Parties submitted a Stipulation and Proposed

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Order requesting to Amend the Scheduling Order to continue all deadlines and dates in the case

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for sixty (60) days. This Stipulation was necessitated by the ill health of Plaintiff John Brisbin,

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who was going to require surgery. Accordingly, the Parties delayed the depositions which had

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been scheduled for early December 2011, and a mediation that had been scheduled for

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December 15, 2011. By Order dated January 4, 2012, the Court granted the Parties’ request and

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established new dates and deadlines, including a new discovery completion date of March 16,

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2012.

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WHEREAS, on January 26, 2012, the Parties submitted a Stipulation and Proposed

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Order requesting to Amend the Scheduling Order to continue all deadlines and dates in the case

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for sixty (60) days. This Stipulation was necessitated by the continued ill health of Plaintiff

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John Brisbin, who was required to undergo chemotherapy and radiation treatments.

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Accordingly, the Parties delayed the depositions and rescheduled mediation to April 18, 2012.

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By Order dated February 3, 2012, the Court granted the Parties’ request and established new

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dates and deadlines, including a new discovery completion date of May 16, 2012.

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WHEREAS, on May 11, 2012, the Parties submitted a Stipulation and Proposed Order

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requesting to Amend the Scheduling Order to continue the deadline for completion of discovery,

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which request was granted by the Court on May 15, 2012.

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WHEREAS, CDS, WESTERN and Vulcan participated in a Mandatory Settlement

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Conference before the Court on July 17, 2012 and, in anticipation of potentially resolving the

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dispute between them, held off on taking expert witness depositions in the hopes of resolving the

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dispute without further expenditures of costs and fees.

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Stipulation to Reset the Settlement Conference Date
and Extend Remaining Trial Deadlines; Order Thereon

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WHEREAS, during the Mandatory Settlement Conference before the Court on July 17,

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2012, it was disclosed to the Court and to counsel for Vulcan that based upon the medical

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condition of Plaintiff John Brisbin and setbacks suffered as a result of continued side effects of

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chemotherapy and radiation treatments to combat cancer, Plaintiff would be seeking a

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continuance of the trial date currently scheduled for November 27, 2012.
WHEREAS, the Court indicated at the Mandatory Settlement Conference that it would

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review the request for continuance of the trial by Plaintiff upon a showing of good cause.

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WHEREAS, on August 16, 2012, the Parties submitted a Stipulation and Proposed Order

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to Continue Trial and Related Dates. By Order dated August 24, 2012, the Court granted the

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Parties’ request and continued the Trial to March 26, 2013, and continued the Pretrial

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Conference to January 29, 2013. The Court also vacated the Settlement Conference set for

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October 9, 2012, and ordered the Parties to meet and confer regarding their availability to attend

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a continued Settlement Conference on November 29, 2012 or January 8, 2013. The Court also

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ordered the parties to further meet and confer regarding the deadlines for expert disclosures and

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expert witness depositions.

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NOW, THEREFORE, IT IS HEREBY STIPULATED by and between CDS, WESTERN

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and VULCAN as follows:

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1. The Settlement Conference be reset on January 8, 2013.

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2. Supplemental Expert Disclosures shall be exchanged by the Parties on October 1,

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2012.
3. The Parties shall complete expert discovery by December 14, 2012.

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Dated: August 29, 2012
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LANG, RICHERT & PATCH, P.C.
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By: /s/ Matthew W. Quall
Matthew W. Quall

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Stipulation to Reset the Settlement Conference Date
and Extend Remaining Trial Deadlines; Order Thereon

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Attorneys for Plaintiff and
Counter-Defendant JOHN C.
BRISBIN, an individual, dba
CONSTRUCTION DEVELOPMENT
SYSTEMS

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Dated: August 29, 2012
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LIPSCHULTZ & SCHERAGO LLP
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By: /s/ James D. Lipschultz
James D. Lipschultz
Attorneys for Defendant and CounterClaimant CALMAT CO., a Delaware
corporation, dba VULCAN MATERIALS
COMPANY – WESTERN DIVISION

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ORDER
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Based upon the stipulation of the parties and good cause appearing therefrom, IT IS
ORDERED that:
1. The Settlement Conference is continued to January 8, 2013, at 10:30 a.m. in
Courtroom 7;

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2. The Parties shall exchange Supplemental Expert Disclosures on or before October 1,
2012; and

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3. Expert discovery shall be completed by December 14, 2012.

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IT IS SO ORDERED.
Dated:

September 4, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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DEAC_Signature-END:

ie14hje

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Stipulation to Reset the Settlement Conference Date
and Extend Remaining Trial Deadlines; Order Thereon

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