Viola Coppola, et al v. Gregory Smith, et al

Filing 457

ORDER on STIPULATION for a Stay and Vacating February 28, 2017 Trial date; Status Conference set for 4/17/2017 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii, signed by District Judge Anthony W. Ishii on 1/24/2017. (Kusamura, W)

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GREBEN & ASSOCIATES
125 E. DE LA GUERRA ST., STE 203
SANTA BARBARA, CA 93101
TEL: [phone]
FAX: [phone]

Jan A. Greben, SBN 103464
[e-mail]
Christine M. Monroe, SBN 304573
[e-mail]
Attorneys for Plaintiffs and Counter Defendants GARY COPPOLA, an individual; GARY
COPPOLA, as SUCCESSOR TRUSTEE OF THE VIOLA M. COPPOLA IRREVOCABLE
TRUST; and GARY COPPOLA, as TRUSTEE OF THE ANTHONY M. COPPOLA TRUST

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA - FRESNO DIVISION

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GARY COPPOLA, an individual, GARY
COPPOLA, as SUCCESSOR TRUSTEE OF
THE VIOLA M. COPPOLA IRREVOCABLE
TRUST; and GARY COPPOLA, as
TRUSTEE OF THE ANTHONY M.
COPPOLA TRUST;

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ORDER ON STIPULATION FOR A STAY
AND VACATING FEBRUARY 28, 2017
TRIAL DATE

Plaintiffs,

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Case No.: 1:11-CV-01257-AWI-BAM

v.
PARAGON CLEANERS, INC. (formerly
sued as GREGORY SMITH, an individual); et
al.
Defendants.

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On January 23, 2017, the parties filed the following stipulation:

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This stipulation and proposed order is made by and between Gary Coppola, Gary Coppola as

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successor trustee of the Viola M. Coppola Irrevocable Trust, Gary Coppola as trustee of the Anthony

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M. Coppola Trust, Paragon Cleaners, Inc., Richard Laster, the Estate of Decatur Higgins, the Estate

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of Mabel Elaine Higgins, Nash Properties LLC, David H. Nash as successor co-trustee of the Jane

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Nash Trust, Richard P. Nash as successor co-trustee of the Jane Nash Trust, and the City of Visalia

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(collectively referred to herein as “the Parties”).
-1STIPULATION AND ORDER REQUESTING STAY
1:11-CV-01257-AWI-BAM

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Whereas the Parties represented to the Court in the Stipulation and Order Setting a

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Settlement Conference with Neutral Timothy Gallagher [Document 453] their agreement to

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participate in a settlement conference scheduled on January 24, 2017. The Parties are working

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toward a global settlement but request more time and wish to avoid the attendant expense of

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preparation for trial at this time.

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The Parties hereby stipulate and agree to request that the case be stayed until a status

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conference is scheduled on a date convenient to the Court in mid to late April, 2017. Under this stay,

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all pending deadlines set in the Pretrial Order filed on January 13, 2017 shall be stayed until a further

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schedule is ordered at the next status conference.

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The Parties further stipulate and agree to request that the mediator, Timothy Gallagher, be

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allowed to schedule under this proposed Order that mediation and settlement conferences occur on

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the following dates: February 13, 2017, February 23, 2017, and March 10, 2017. The Parties further

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request that the Court allow Mr. Gallagher to require any parties, counsel and insurers to attend such

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settlement conferences, should he deem the same necessary.

15 Date: January 23, 2017

GREBEN & ASSOCIATES

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/s/ Jan A. Greben
Jan A. Greben
Attorneys for Plaintiffs and Counter Defendants
GARY COPPOLA, an individual; GARY
COPPOLA, as SUCCESSOR TRUSTEE OF
THE VIOLA M. COPPOLA IRREVOCABLE
TRUST; and GARY COPPOLA, as TRUSTEE
OF THE ANTHONY M. COPPOLA TRUST

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Date: January 24, 2017
(per authorization)

BASSI, EDLIN, HUIE & BLUM LLP

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/s/ Noel W. Edlin
Noel W. Edlin
Attorney for Counter Defendants GARY COPPOLA, as
SUCCESSOR TRUSTEE OF THE VIOLA M.
COPPOLA IRREVOCABLE TRUST; and GARY

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-2STIPULATION AND ORDER REQUESTING STAY
1:11-CV-01257-AWI-BAM

COPPOLA, as TRUSTEE OF THE ANTHONY M.
COPPOLA TRUST

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Date: January 24, 2017
(per authorization)

GUALCO LAW

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/s/ Lori J. Gualco
Lori J. Gualco
Attorney for Defendant RICHARD LASTER

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Date: January 24, 2017
(per authorization)

GUALCO LAW

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/s/ Lori J. Gualco
Lori J. Gualco
Attorney for Defendant PARAGON CLEANERS,
INC.

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Date: January 24, 2017
(per authorization)

HERR, PEDERSEN & BERGLUND LLP

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/s/ Leonard C. Herr __________________________
Leonard C. Herr
Attorneys for Defendant CITY OF VISALIA

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Date: January 24, 2017
(per authorization)

WILLIAMS, BRODERSEN & PRITCHETT LLP

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_/s/ Steven R. Williams ______________________
Steven R. Williams
Attorney for Defendants THE ESTATE OF
DECATUR HIGGINS, deceased; THE ESTATE
OF MABEL ELAINE HIGGINS, deceased; NASH
PROPERTIES, LLC; DAVID H. NASH, as the
SUCCESSOR CO-TRUSTEE OF THE JANE
NASH TRUST, a trust treated under the terms of
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1:11-CV-01257-AWI-BAM

the Last Will and Testament Of Mabel Elaine
Higgins, formerly known as the Mabel Elaine
Higgins Testamentary Trust and commonly known
as the Jane Higgins Nash Trust; and RICHARD P.
NASH, as the SUCCESSOR CO-TRUSTEE OF
THE JANE NASH TRUST, a trust created under
the terms of the Last Will and Testament Of Mabel
Elaine Higgins, formerly known as the Mabel
Elaine Higgins Testamentary Trust and commonly
known as the Jane Higgins Nash Trust

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The Court has reviewed the stipulation and generally intends to give it effect. However,

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the case will not be stayed and the Court will not vacate all dates that have been set. First, the

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Court will vacate the trial date and associated dates as set by the pre-trial order in lieu of

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“staying” the case or the dates. At the April 2017 status conference, the parties will be

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prepared to move forward with the case, and a new trial date (and associated dates and

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deadlines) will be addressed at that time. Second, on January 19, 2017, the Court entered a

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schedule for the parties to submit briefing on the issues of jury/non-jury trial and

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bifurcation/separate trial of issues. See Doc. No. 455. If mediation fails, a determination of

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what claims the jury will decide, and whether or what phases will be used to complete the trial,

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are both extremely important matters. Considering the possible motions in limine, verdict

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form, and jury instruction issues that are looming, it is preferable to resolve the jury/non-jury

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and bifurcation/separate trial issues before the April 2017 status conference. Therefore, the

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briefing schedule on those issues will be slightly altered, but not completely vacated.

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ORDER

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Accordingly, IT IS HEREBY ORDERED that:

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1.

(Doc. No. 452), including the February 28, 2017 Trial Date, are VACATED;

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Pursuant to the above stipulation, all dates set in the January 13, 2017 Pre-Trial Order

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A status conference will be held on April 17, 2017, at 1:30 p.m. in Courtroom No. 2;

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-4STIPULATION AND ORDER REQUESTING STAY
1:11-CV-01257-AWI-BAM

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3.

No later than April 10, 2017, the parties shall submit a joint status report that outlines

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the status of the case, discusses any new developments that would weigh on the trial,

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and includes agreeable new trial dates;

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4.

Pursuant to the above stipulation, Mediator Timothy Gallagher may schedule mediation

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and settlement conferences for February 13, 2017, February 23, 2017, and March 10,

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2017, and Mr. Gallagher may require any parties, counsel and insurers to attend such

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settlement conferences should he deem the same necessary; and

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5.

All parties shall file briefing, as discussed above and as outlined in Doc. No. 455, on or
by 2:00 p.m. on February 3, 2017, and shall file responses on or by 2:00 p.m. on
February 10, 2017.

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IT IS SO ORDERED.
Dated: January 24, 2017
SENIOR DISTRICT JUDGE

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-5STIPULATION AND ORDER REQUESTING STAY
1:11-CV-01257-AWI-BAM