American Construction & Environmental Services, Inc. v. Total Team Construction Services, Inc. et al

Filing 46

STIPULATION to Extend Schedule and ORDER signed by Magistrate Judge Gary S. Austin on 9/16/2015. Nonexpert Discovery due by 11/20/2015; Expert Disclosure due by 12/8/2015; Rebuttal Expert Disclosure due by 12/15/2015; Expert Discovery due by 1/8/2016; Nondispositive Motions filed by 1/15/2016; Dispositive Motions filed by 1/30/2016; Pretrial Conference and Trial Date remain as previously set.(Martinez, A)

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James D. Curran, Esq. (SBN 126586)
WOLKIN · CURRAN, LLP
555 Montgomery Street, Suite 1100
San Francisco, California 94111
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant,
TOTAL TEAM CONSTRUCTION SERVICES, INC.

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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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AMERICAN CONSTRUCTION &
ENVIRONMENTAL SERVICES, INC., a
Nevada corporation,

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Case No.: 1:14-cv-00087-LJO-GSA
STIPULATION TO EXTEND
SCHEDULE and ORDER

Plaintiff,
v.
TOTAL TEAM CONSTRUCTION
SERVICES, INC., a California corporation;
TRAVELERS CASUALTY & SURETY
COMPANY OF AMERICA, a bonding
company corporation; DOES 1 through 10;
ROE CORPORATIONS 1 through 10; BOE
BONDING COMPANIES 1 through 10,
inclusive,

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Defendants.
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Based on the Joint Statement by Plaintiff American Construction & Environmental

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Services and Defendant Total Team Construction Services, Inc. lodged with Magistrate

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Judge Gary S. Austin on September 9, 2015, and the discussions between the parties and

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Magistrate Judge Austin on September 10, 2015, the parties, Plaintiff AMERICAN

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CONSTRUCTION & ENVIRONMENTAL SERVICES, INC. (“Plaintiff”), Defendant

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TOTAL TEAM CONSTRUCTION SERVICES, INC. (“Total Team”) and Defendant

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TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA (“Travelers”), by and
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STIPULATION TO EXTEND SCHEDULE AND ORDER

CASE NO.: 1:14-CV-00087-LJO-GSA

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through their respective attorneys of record, hereby stipulate to and request the Court to

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reschedule certain dates set by the Court in the Order Extending Schedule (Docket Doc. 38).

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Plaintiff, Total Team, and Travelers hereby request the Court to reschedule the dates

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as follows:

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PREVIOUS DATE

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NEW DATE

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Non-expert discovery cutoff

September 4, 2015

November 20, 2015

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Expert disclosure

September 18, 2015

December 8, 2015

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Rebuttal expert disclosure

October 16, 2015

December 15, 2015

November 13, 2015

January 8, 2016

Non-dispositive motion filing
deadline

December 4, 2015

January 15, 2016

Dispositive motion deadline

January 4, 2016

February 26, 2016

Pretrial Conference

April 12, 2016
8:15 a.m. in Dept. 4

April 12, 2016
8:15 a.m. in Dept. 4

Trial

June 14, 2016
8:30 a.m. in Dept. 4

June 14, 2016
8:30 a.m. in Dept. 4

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Expert discovery cutoff

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IT IS SO STIPULATED AND AGREED.
Dated: September 10, 2015

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PEEL BRIMLEY, LLP
By:

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/s/John V. Leary, Esq.
Attorneys for Plaintiff,
AMERICAN CONSTRUCTION &
ENVIRONMENTAL SERVICES, INC.
WOLKIN • CURRAN, LLP

Dated: September 10, 2015
By:

/s/James D. Curran, Esq.
Attorneys for Defendant,
TOTAL TEAM CONSTRUCTION
SERVICES, INC.
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STIPULATION TO EXTEND SCHEDULE AND ORDER

CASE NO.: 1:14-CV-00087-LJO-GSA

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Dated: September 10, 2015

SALAMIRAD, MORROW, TIMPANE &
DUNN, LLP

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By:

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/s/Michael J. Timpane, Esq.
Attorneys for Defendant,
TRAVELERS CASUALTY & SURETY
COMPANY OF AMERICA

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ORDER

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The Court, having considered the above Stipulation to Extend Schedule and finding

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good cause to amend its previous Order Extending Schedule (Document 38), orders the

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deadlines in the scheduling order to be continued as set forth below:

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PREVIOUS DATE

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NEW DATE

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Non-expert discovery cutoff

September 4, 2015

November 20, 2015

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Expert disclosure

September 18, 2015

December 8, 2015

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Rebuttal expert disclosure

October 16, 2015

December 15, 2015

November 13, 2015

January 8, 2016

Non-dispositive motion filing
deadline

December 4, 2015

January 15, 2016

Dispositive motion deadline

January 4, 2016

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Expert discovery cutoff

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Pretrial Conference

April 12, 2016
8:15 a.m. in Dept. 4

Trial

June 14, 2016
8:30 a.m. in Dept. 4

January 30, 2016
(Note: This date is
modified from the date
requested.)
April 12, 2016
8:15 a.m. in Dept. 4
June 14, 2016
8:30 a.m. in Dept. 4

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The parties are advised that future requests to amend the scheduling conference will
be looked upon with great disfavor given the length of time this case has been pending.
Moreover, compliance with the discovery cutoffs requires that motions to compel be filed
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3.
STIPULATION TO EXTEND SCHEDULE AND ORDER

CASE NO.: 1:14-CV-00087-LJO-GSA

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and heard sufficiently in advance of the cutoff so that the Court may grant effective relief

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within the allotted discovery time. A party’s failure to have a discovery dispute heard

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sufficiently in advance of the discovery cutoff may result in denial of the motion as

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untimely. The parties are encouraged to work cooperatively to complete the discovery in this

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case. Once sufficient discovery has been exchanged, the parties may contact the Court to

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conduct a settlement conference to facilitate the early resolution of this action.

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Additionally, as noted above, the Court modified the filing deadline for dispositive

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motions to January 30, 2015 to allow ample time for the resolution of dispositive motions

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prior to the pretrial conference.

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Finally, all other orders in the scheduling order remain issued on August 6, 2014
(Doc. 26) remain in full force and effect.

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IT IS SO ORDERED.
Dated:

September 16, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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4.
STIPULATION TO EXTEND SCHEDULE AND ORDER

CASE NO.: 1:14-CV-00087-LJO-GSA