Arizaga v. John Bean Technologies Corporation et al

Filing 57

Order For Further Briefing signed by Magistrate Judge Michael J. Seng on 2/9/2016. (Yu, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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1:13-cv-1981-MJS
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STEVEN ARIZAGA

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ORDER FOR FURTHER BRIEFING
Plaintiff,

v.
JOHN BEAN TECHNOLOGIES
CORPORATION,
Defendant.

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AND RELATED ACTION
On January 25, 2016, the Court denied Third-Party Defendant Ventura Coastal
LLC’s (“Ventura”) motion for summary judgment. (ECF No. 55.) At the same time, the
Court notified Ventura of its inclination to grant summary judgment in favor of Third-Party
Plaintiff John Bean Technologies Corporation (“Bean”) and provided Ventura an
opportunity to respond.
Ventura filed its response on February 8, 2016 (ECF No. 56), raising numerous
issues regarding interpretation of the phrase “arising out of the Work” in the subject

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contract. Interpretation of this phrase also was the primary subject of Ventura’s motion

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for summary judgment.

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Given the extent and breadth of Ventura’s brief and the evidence associated

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therewith, the Court concludes it cannot proceed without affording Bean the opportunity

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to respond. Accordingly, it is HEREBY ORDERED that:

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1. Bean may file, within fourteen days of this order, a response to Ventura’s

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brief, including whether the brief should be treated as a motion for

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reconsideration of the order denying summary judgment; and
2. Ventura may file a reply within seven days of Bean’s response.

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IT IS SO ORDERED.
Dated:

February 9, 2016

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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