UL LLC v. Sturgeon Services International, Inc. et al

Filing 52

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 09/01/17 ORERING that the Discovery deadline is EXTENDED to 10/09/17. (Benson, A.)

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GREENBERG TRAURIG, LLP
MATTHEW R. GERSHMAN (SBN 253031) ([e-mail])
RYAN C. BYKERK (SBN 274534) ([e-mail])
1840 Century Park East, Suite 1900
Los Angeles, CA 90067-2121
Telephone:
310-586-7700 / Facsimile: 310-586-7800
CAMERON M. NELSON (Pro Hac Vice) ([e-mail])
JACQUELINE BROUSSEAU (Pro Hac Vice) ([e-mail])
77 West Wacker Drive, Suite 3100
Chicago, IL 60601
Telephone: [phone] / Facsimile: 312-456-8435
Attorneys for Plaintiff UL LLC
T. SCOTT BELDEN (SBN 184387) ([e-mail])
T. TODD EGLAND (SBN 240911) ([e-mail])
BELDEN, BLAINE, RAYTIS, LLP
P.O. Box 9129
Bakersfield, CA 93389-9129
Telephone:
661-864-7827 / Facsimile: 661-878-9797
Attorneys for Defendants Sturgeon Services International, Inc. and
Engineered Well Service International, Inc.
SAM X. J. WU (SBN 183098)
ALEXEI BRENOT (SBN 194693)
LAW OFFICES OF SAM X.J. WU. APC
8600 Utica Ave., Building 100
Rancho Cucamonga, CA 91730
TEL: [phone] FAX: [phone]
EMAIL: [e-mail]
Attorneys for Defendant John E. Powell, Jr.

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CASE NO. 1:16−CV−01389−TLN−SAB

UL LLC,
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Plaintiff,
v.
Sturgeon Services International, Inc., a California
corporation, Engineered Well Service International,
Inc., a California corporation, John Powell, an
individual, and John Does 1-20, individuals,
Defendants.

JOINT STIPULATION AND
APPLICATION FOR A LIMITED
CONTINUANCE OF THE FACT
DISCOVERY DEADLINE IN PRETRIAL
SCHEDULING ORDER; ORDER
Hon. Troy L. Nunley

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AND RELATED COUNTER, THIRD-PARTY,
AND CROSS-CLAIMS

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STIPULATION & JOINT APPLICATION TO CONTINUE FACT DISCOVERY
DEADLINE IN PRETRIAL SCHEDULING ORDER; ORDER

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STIPULATION AND APPLICATION TO CONTINUE FACT DISCOVERY DEADLINE
WHEREAS, on January 23, 2017, the Court issued a Pretrial Scheduling Order (Docket No. 35)
(“Order”);
WHEREAS, the Order provides, among other things, that the deadline to complete fact discovery
is on or before September 8, 2017;

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WHEREAS, due to the conflicting schedules of third party and party witnesses, the Parties, and

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their counsel, the Parties require additional time beyond September 8, 2017 to complete the depositions

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of the witnesses previously noticed, including (a) Chad Givens which the Parties have agreed will be

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taken in Bakersfield, California, (b) the deposition of UL’s representative which is to be taken in Los

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Angeles, California; and (c) the continued deposition of SSI / EWS’s representative which is to be taken

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in Bakersfield, California;

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WHEREAS, though the Parties have cooperatively conducted written discovery, disputes exist

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among the Parties as to certain written discovery requests and responses that the Parties require further

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time to informally resolve in order to avoid unnecessary motion practice;

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WHEREAS, the Parties are also in active settlement talks that require additional time to

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complete, and which may moot the need for the taking of previously noticed depositions and any

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motions related to the Parties’ discovery disputes;

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WHEREAS, under the circumstances, all of the Parties wish to seek a continuance of the fact

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discovery deadline in the Order for a period of thirty (30) days, to allow for the completion of already

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propounded written discovery, resolution of disputes related thereto, and taking of the previously

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noticed depositions identified hereinabove;

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IT IS HEREBY AGREED AND STIPULATED by and between the Parties, through their
respective counsel of record, that:
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There exists good cause to continue the fact discovery deadline in the Order for a period
of thirty (30) days to complete currently noticed depositions, outstanding written
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STIPULATION & JOINT APPLICATION TO CONTINUE FACT DISCOVERY
DEADLINE IN PRETRIAL SCHEDULING ORDER; ORDER

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discovery responses, and resolve discovery disputes that are currently pending, and not to

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propound additional discovery to the parties or third-parties, or to notice additional

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depositions, or issue additional subpoenas;

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2.

limited continuance of the fact discovery deadline in the Order;

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3.

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the requested limited continuance is in the interest of judicial economy insofar as it may
moot any presently contemplated motion practice and accompanying hearings, and will

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allow the Parties the necessary time to complete their settlement discussions.

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none of the Parties have previously requested a continuance of any of the deadlines
previously set by the Court in this case;

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none of the Parties will suffer prejudice form their jointly requested thirty (30) day

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Subject to the Court’s approval and Order upon this Stipulation and Joint Application, the

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fact discovery deadline will be continued, as limited herein, from September 8, 2017 to

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October 9, 2017.

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DATED: August 31, 2017

GREENBERG TRAURIG LLP

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By /s/ Ryan C. Bykerk
Matthew R. Gershman
Ryan C. Bykerk
Cameron M. Nelson
Jacqueline Brousseau
Attorneys for Plaintiff UL LLC

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DATED: August 31, 2017

BELDEN, BLAINE, RAYTIS LLP

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By /s/ T. Todd Egland (as authorized on August 31, 2017)
T. Scott Belden
T. Todd Egland
Attorneys for Defendants Sturgeon Services International,
Inc. and Engineered Well Service International, Inc.

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STIPULATION & JOINT APPLICATION TO CONTINUE FACT DISCOVERY
DEADLINE IN PRETRIAL SCHEDULING ORDER; ORDER

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DATED: August 31, 2017

LAW OFFICES OF SAM X.J. WU, APC

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By

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/s/ Alexei Brenot (as authorized on August 31, 2017)
Attorneys for Defendant, Cross-Claimant, and CrossDefendant John E. Powell, Jr.

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ORDER

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The Parties’ Stipulation and Application is GRANTED.

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The fact discovery deadline is

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continued, as limited in the Parties’ Stipulation and Application, from September 8, 2017 to October 9,

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2017.

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IT IS SO ORDERED:

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Dated: September 1, 2017

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Troy L. Nunley
United States District Judge

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STIPULATION & JOINT APPLICATION TO CONTINUE FACT DISCOVERY
DEADLINE IN PRETRIAL SCHEDULING ORDER; ORDER