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

Filing 48

STIPULATION and ORDER to Revise Discovery Deadlines in Court's January 25, 2017 Scheduling Conference Order: Expert Disclosure will be due July 16, 2018; Supplemental Expert Disclosure will be due July 30, 2018; Non-Expert Discovery Cutoff w ill be September 20, 2018; Expert Discovery Cutoff will be December 17, 2018. No further extensions will be granted absent good cause. All other dates in the Scheduling Order remain in effect. signed by Magistrate Judge Barbara A. McAuliffe on 4/16/2018. (Herman, H)

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COLIN MUNRO (SBN 195520)
Email: [e-mail]
CARLSON, CALLADINE & PETERSON LLP
353 Sacramento Street, 16th Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
MARTIN H. MYERS (SBN 130218)
Email: [e-mail]
GRETCHEN HOFF VARNER (SBN 284980)
Email: [e-mail]
COVINGTON & BURLING LLP
One Front Street, 35th Floor
San Francisco, California 94111-5356
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiff
GALLO GLASS COMPANY

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GALLO GLASS COMPANY,
Plaintiff,

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

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CASE NO.: 1:16-cv-01446-LJO-BAM
STIPULATION AND ORDER TO REVISE
DISCOVERY DEADLINES IN COURT’S
JANUARY 25, 2017 SCHEDULING
CONFERENCE ORDER
Dept.: Courtroom 8
Judge: District Judge Lawrence J. O’Neill
Magistrate Judge Barbara A. McAuliffe
Complaint Filed:
Trial Date:

September 28, 2016
June 4, 2019

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STIPULATION AND ORDER TO REVISE DISCOVERY DEADLINES IN SCHEDULING CONFERENCE ORDER

CASE NO.: 1:16-CV-01446-LJO-BAM

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Plaintiff, GALLO GLASS COMPANY ("Gallo"), Defendant, Cross-Claimant, and CrossDefendant, NIKOLAUS SORG GMBH & COMPANY KG ("Sorg") and Defendant, CrossClaimant, and Cross-Defendant, SPECIAL SHAPES REFRACTORY COMPANY, INC.
("SSRC") by and through their attorneys of record in this case, hereby stipulate and agree as
follows:
WHEREAS this Court conducted a scheduling conference on January 10, 2017 with all parties
and issued a Scheduling Conference Order (“SCO”) on January 25, 2017.
WHEREAS In paragraph 8 of the SCO the Court expressly provided:
“This order represents the best estimate of the Court and parties as to the agenda most
suitable to dispose of this case. If the parties determine at any time that the schedule
outlined in this order cannot be met, the parties are ordered to notify the Court
immediately of that fact so that adjustments made be made, either by stipulation or by
subsequent status conference.”
ALL PARTIES TO THE ABOVE-ENTITLED ACTION have cooperated and continue to
cooperate with each other in discovery and attempts to mediate this case, and have agreed to and
scheduled a mediation with Judge Westerfield at JAMS on May 29 and 30, 2018. Given the parties
scheduled mediation, they have agreed to revised discovery deadlines as set forth below. This will
allow the partied to engage in and focus on a fruitful mediation, rather than costly pre-trial
preparations, to provide the best opportunity to explore resolution without the press of case deadlines.

In accordance with the Court’s instruction in the SCO and pursuant to agreement with all parties
in the above-captioned case, the parties have agreed to the following revised dates:

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

Expert Disclosure will be due July 16, 2018;

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

Supplemental Expert Disclosure will be July 30, 2018;

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

Non-Expert Discovery Cutoff will be September 20, 2018;

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

Expert Discovery Cutoff will be December 17, 2018.

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NOW, THEREFORE, IT IS HEREBY STIPULATED by, between and amongst the
Parties, and through their respective counsel of record that the relevant discovery dates stated
below be changed by court order:


Expert Disclosure will be due July 16, 2018;

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STIPULATION AND ORDER TO REVISE DISCOVERY DEADLINES IN SCHEDULING CONFERENCE ORDER

CASE NO.: 1:16-CV-01446-LJO-BAM

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Supplemental Expert Disclosure will be July 30, 2018;

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Non-Expert Discovery Cutoff will be September 20, 2018;

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Expert Discovery Cutoff will be December 17, 2018.

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IT IS SO STIPULATED.

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Dated: April 16, 2018

CARLSON, CALLADINE & PETERSON LLP

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By: /s/ Colin Munro
____________________
COLIN MUNRO
Attorneys for Plaintiff
GALLO GLASS COMPANY

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Dated: April 16, 2018

COVINGTON & BURLING LLP

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By: /s/ Martin H. Myers
MARTIN H. MYERS
Attorneys for Plaintiff
GALLO GLASS COMPANY

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Dated: April 16, 2018

LORBER GREENFIELD & POLITO, LLP

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By:
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/s/ Lisa Schlittner
LISA M. CAPPELLUTI, ESQ.
LISA G. SCHLITTNER, ESQ.
Attorneys for Defendant, Cross-Claimant and CrossDefendant
SPECIAL SHAPES REFRACTORY COMPANY

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Dated: April 16, 2018

DUANE MORRIS, LLP

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By:

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/s/ Robert C. Hendrickson
ROBERT C. HENDRICKSON, ESQ.
BRENDEN RUDDY, ESQ.
Attorneys for Defendant, Cross-Claimant, and CrossDefendant
NIKOLAUS SORG GMBH & COMPANY KG

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Dated: April 16, 2018

HALL HUGUENIN

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By:

/s/ Joshua Willert

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STIPULATION AND ORDER TO REVISE DISCOVERY DEADLINES IN SCHEDULING CONFERENCE ORDER

CASE NO.: 1:16-CV-01446-LJO-BAM

JOSHUA H. WILLERT, ESQ.
Attorneys for Defendant, Cross-Claimant, and CrossDefendant
NIKOLAUS SORG GMBH & COMPANY KG

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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 that the Parties deadlines shall be amended as follows:

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Expert Disclosure will be due July 16, 2018;

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Supplemental Expert Disclosure will be due July 30, 2018;

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Non-Expert Discovery Cutoff will be September 20, 2018;
Expert Discovery Cutoff will be December 17, 2018

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No further extensions will be granted absent good cause. All other dates in the Scheduling
Order remain in effect.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

April 16, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND ORDER TO REVISE DISCOVERY DEADLINES IN SCHEDULING CONFERENCE ORDER

CASE NO.: 1:16-CV-01446-LJO-BAM

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STIPULATION AND ORDER TO REVISE DISCOVERY DEADLINES IN SCHEDULING CONFERENCE ORDER

CASE NO.: 1:16-CV-01446-LJO-BAM