Gallo Glass Company v. Special Shapes Refractory Company, Inc. et al

Filing 43

STIPULATION AND ORDER to Extend Time to Name Parties and File Third Party Claims, signed by Magistrate Judge Barbara A. McAuliffe on 07/06/2017.(Case Management Deadline: 9/8/2017) (Martin-Gill, S)

1 GREEN & HALL, LLP
EDWARD R. HUGUENIN, State Bar No. 173653
[e-mail]
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ROBERT J. KAHN, State Bar No. 95037
[e-mail]
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JOSHUA H. WILLERT, State Bar No. 232414
[e-mail]
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3741 Douglas Boulevard, Suite 290
5 Roseville, California 95661-4271
Telephone: [phone]
6 Facsimile: [phone]
7 Attorneys for Defendant, Cross-Claimant, and
Cross-Defendant NIKOLAUS SORG GMBH & COMPANY KG
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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12 GALLO GLASS COMPANY,
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CASE NO. 16-CV-01446-LJO-BAM

Plaintiff,

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vs.

STIPULATION AND ORDER TO
EXTEND TIME TO NAME PARTIES
AND FILE THIRD PARTY CLAIMS

15 SPECIAL SHAPES REFRACTORY
COMPANY, INC., and NIKOLAUS SORG
16 GMBH & COMPANY KG,
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Defendants.

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Plaintiff, GALLO GLASS COMPANY ("Gallo"), Defendant, Cross-Claimant, and Cross19
Defendant, NIKOLAUS SORG GMBH & COMPANY KG ("Sorg") and Defendant, Cross20
Claimant, and Cross-Defendant, SPECIAL SHAPES REFRACTORY COMPANY, INC.
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("SSRC")1 by and through their attorneys of record in this case, hereby stipulate and agree as

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follows:
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WHEREAS, in the Court's Scheduling Conference Order, the Parties were given until July
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10, 2017 to file any stipulated amendments or motions to amend their pleadings;
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WHEREAS, Sorg propounded discovery on Gallo on or about April 19, 2017 which
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sought documents related to a third party named Dismatec Limited ("Dismatec") in order to
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Hereinafter, Gallo, Sorg and SSRC shall be referred to collectively as "Parties".

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STIPULATION AND PROPOSED ORDER TO EXTEND TIME TO
NAME PARTIES AND FILE THIRD PARTY CLAIMS

1 ascertain the extent of their involvement in certain inspections performed of Furnace No. 4 prior to
2 the incident, and for the purpose of evaluating whether Dismatec should be brought in as a party to
3 this litigation;
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WHEREAS Gallo served its responses to Sorg's written discovery on June 26, 2017 and is

5 claiming that documents regarding Dismatec's involvement in inspections of Furnace No. 4 are
6 privileged, and are being withheld as such;
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WHEREAS Gallo and Sorg are currently meeting and conferring on this issue in an effort

8 to clarify whether these materials are privileged or should be produced;
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WHEREAS, in order to give Gallo and Sorg adequate time to complete these informal

10 meet and confer efforts, and evaluate whether a third party complaint against Dismatec, or any
11 other party, is appropriate, the Parties have agreed to extend the time within which an amendment
12 to a pleading, or a third party claim may be filed to September 8, 2017;
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WHEREAS, no extension of time has been requested previously regarding this matter;

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WHEREAS, this extension of time will not alter or affect the date of any event or deadline

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NOW, THEREFORE, IT IS HEREBY STIPULATED by, between and amongst the

17 Parties, and through their respective counsel of record that the Parties may file any motion, or
18 stipulation to amend their pleadings, or to assert a cross-claim against any new party on or before
19 September 8, 2017.
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IT IS SO STIPULATED

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STIPULATION AND PROPOSED ORDER TO EXTEND TIME TO
NAME PARTIES AND FILE THIRD PARTY CLAIMS

1 DATED: July 5, 2017

GREEN & HALL, LLP

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By: /s/Joshua H. Willert (as authorized on 7/5/17)
Edward R. Huguenin, Esq.
Robert J. Kahn, Esq.
Joshua H. Willert, Esq.
Attorneys for Defendant, Cross-claimant, and CrossDefendant NIKOLAUS SORG GMBH & COMPANY
KG

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DATED: July 5, 2017

DUANE MORIS, LLP

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/s/Robert C. Hendrickson (as authorized on
By: 7/5/17)
Robert C. Hendrickson, Esq.
Brenden Ruddy, Esq.
Attorneys for Defendant, Cross-claimant, and CrossDefendant NIKOLAUS SORG GMBH & COMPANY
KG

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DATED: July 5, 2017

LORBER GREENFIELD & POLITO, LLP

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By: /s/Lisa Cappelluti (as authorized on 7/5/17)
Lisa M. Cappelluti, Esq.
Lisa G. Schlittner, Esq.
Attorneys for Defendant, Cross-claimant, and CrossDefendant SPECIAL SHAPES REFRACTORY
COMPANY

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STIPULATION AND PROPOSED ORDER TO EXTEND TIME TO
NAME PARTIES AND FILE THIRD PARTY CLAIMS

1 DATED: July 5, 2017

COVINGTON & BURLING, LLP

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By: /s/Gretchen Hoff Varner (as authorized on 7/5/17)
Gretchen Hoff Varner, Esq.
Attorneys for Plaintiff, GALLO GLASS COMPANY

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DATED: July 5, 2017

CARLSON CALLADINE & PETERSON, LLP

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By: /s/Colin Munro (as authorized on 7/5/17)
Colin Munro, Esq.
Attorneys for Plaintiff, GALLO GLASS COMPANY

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ORDER
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The Court, having duly considered the stipulation of the Parties as set forth above, and
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good cause appearing therefore, orders as follows:
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The Parties deadline to file any motion, or stipulation to amend their pleadings, or to assert
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a cross-claim against any new third party is extended to September 8, 2017. No further extensions
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will be granted absent good cause.
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IT IS SO ORDERED.
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22 Dated:

/s/ Barbara

July 6, 2017

A. McAuliffe

UNITED STATES MAGISTRATE JUDGE
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STIPULATION AND PROPOSED ORDER TO EXTEND TIME TO
NAME PARTIES AND FILE THIRD PARTY CLAIMS