West Pacific Electric Company Corporation v. Dragados/Flatiron, et al.

Filing 37

STIPULATION and ORDER Continuing Mandatory Scheduling Conference: that the Scheduling Conference is continued from 5/8/2018 to Wednesday, May 30, 2018 at 9:00 AM in Courtroom 8 before Judge Barbara A. McAuliffe. A JOINT Scheduling Con ference Report, carefully prepared and executed by all counsel, shall be electronically filed in full compliance with the requirements set forth in the Order Setting Mandatory Scheduling Conference, one (1) full week prior to the Scheduling Conferenc e, and a copy shall be emailed, in Word format, to [e-mail]. The case schedule set forth in the Courts Order Setting Mandatory Scheduling Conference (Document 3) is also modified as follows: (1.) Deadline to conduct and concl ude a conference at a time and place arranged by counsel for the plaintiff, shall be moved to May 9, 2018; (2.) Deadline currently set for April 17, 2018 pursuant to Federal Rule of Civil Procedure 26(f) shall be moved to May 8, 2018. signed by Magistrate Judge Barbara A. McAuliffe on 4/17/2018. (Herman, H)

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D. MICHAEL SCHOENFELD, SBN 102332
LISA D. NICOLLS, SBN 234376
MURPHY AUSTIN ADAMS SCHOENFELD LLP
555 Capitol Mall, Suite 850
Sacramento, California 95814
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
Email:
[e-mail]
Attorneys for Plaintiff
WEST PACIFIC ELECTRIC COMPANY
CORPORATION

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
M URPHY A USTIN A DAMS S CHOENFEL D LLP

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WEST PACIFIC ELECTRIC COMPANY
CORPORATION,
Plaintiff,

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Case No. 1:18-CV-00166-LJO-BAM
STIPULATION AND ORDER CONTINUING
MANDATORY SCHEDULING CONFERENCE

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v.

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DRAGADOS/FLATIRON, a joint venture; New Date:
May 30, 2018
LIBERTY MUTUAL INSURANCE
Time:
9:00 a.m.
COMPANY, a Massachusetts corporation; Courtroom: 8 (BAM)
FIDELITY AND DEPOSIT COMPANY
OF MARYLAND, a Maryland corporation;
ZURICH AMERICAN INSURANCE
COMPANY, a New York corporation;
THE CONTINENTAL INSURANCE
COMPANY, a Pennsylvania corporation;
XL SPECIALTY INSURANCE
COMPANY, a Delaware corporation; THE
INSURANCE COMPANY OF THE
STATE OF PENNSYLVANIA, a
Pennsylvania corporation; AMERICAN
HOME ASSURANCE COMPANY, a New
York corporation; NATIONAL
INDEMNITY COMPANY, a Nebraska
corporation; TRAVELERS CASUALTY
AND SURETY COMPANY OF
AMERICA, a Connecticut corporation;
FEDERAL INSURANCE COMPANY, an
Indiana corporation,

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Defendants.
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5618.001-2591621.1

STIPULATION AND REQUEST TO CONTINUE MANDATORY SCHEDULING CONFERENCE
1:18-CV-00166-LJO-BAM

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Pursuant to Rule 144 of the United States District Court for the Eastern District of

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California, Plaintiff West Pacific Electric Company, Inc. and Defendants Dragados/Flatiron,

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Liberty Mutual Insurance Company, Fidelity and Deposit Company of Maryland, Zurich

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American Insurance Company, The Continental Insurance Company, XL Specialty Insurance

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Company, The Insurance Company of the State of Pennsylvania, American Home Assurance

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Company, National Indemnity Company, Travelers Casualty and Surety Company of America,

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and Federal Insurance Company (collectively, “the Parties”) hereby stipulate, agree, and request

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that the Scheduling Conference currently set for May 8, 2018 at 9:00 a.m. be continue to May 29,

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2018 at 9:00 a.m. or such subsequent time as the Court deems appropriate. The Parties further

M URPHY A USTIN A DAMS S CHOENFEL D LLP

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stipulate that the case schedule set forth in the Court’s Order Setting Mandatory Scheduling

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Conference (Document 3) be modified as follows:

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1.

Deadlines currently set for April 18, 2018 : LD for trial counsel for all parties to

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conduct and conclude a conference at a time and place arranged by counsel for the

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plaintiff, shall be moved to May 9, 2018;

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2.

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Deadlines currently set for April 30, 2018: LD to file a Joint Scheduling Report be
moved to May 21, 2018; and

3.

Deadlines currently set for April 17, 2018 pursuant to Federal Rule of Civil
Procedure 26(f) be moved to May 8, 2018.

There is good cause for this stipulation and request. The current Scheduling Conference

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was set for May 8, 2018 based on Plaintiff’s Complaint being filed on January 30, 2018.

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Defendant Dragados/Flatiron filed a Motion to Dismiss on March 9, 2018 and it is set for hearing

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on April 10, 2018. A brief continuance of the Scheduling Conference and corresponding

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deadlines set forth above will allow the Parties to more meaningfully comply with their

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obligations under Rule 26 and the applicable Local Rules.

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There have been no previous modifications pursuant to stipulation in this case and

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granting this stipulation and request will have no significant impact on the schedule for this case

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as no trial date has been scheduled.

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Dated: April 11, 2018

MURPHY AUSTIN ADAMS SCHOENFELD LLP

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By /s/ Lisa D. Nicolls
D. MICHAEL SCHOENFELD
LISA D. NICOLLS
Attorneys for Plaintiff
WEST PACIFIC ELECTRIC COMPANY
CORPORATION

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Dated: April 13, 2018

FINCH, THORNTON & BAIRD, LLP

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By /s/ P. Randolph Finch, Jr.
P. RANDOLPH FINCH, JR.
DAVID W. SMILEY
Attorneys for Defendants

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M URPHY A USTIN A DAMS S CHOENFEL D LLP

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///

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ORDER

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Having reviewed the parties’ stipulation to continue the initial scheduling conference

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(Doc. 36), IT IS HEREBY ORDERED that the Scheduling Conference is continued from

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5/8/2018 to Wednesday, May 30, 2018 at 9:00 AM in Courtroom 8 before Judge Barbara A.

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McAuliffe. A JOINT Scheduling Conference Report, carefully prepared and executed by all

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counsel, shall be electronically filed in full compliance with the requirements set forth in the

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Order Setting Mandatory Scheduling Conference, one (1) full week prior to the Scheduling

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Conference, and a copy shall be emailed, in Word format, to [e-mail]. The

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case schedule set forth in the Court’s Order Setting Mandatory Scheduling Conference

M URPHY A USTIN A DAMS S CHOENFEL D LLP

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(Document 3) is also modified as follows:

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1.

Deadline to conduct and conclude a conference at a time and place arranged by

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counsel for the plaintiff, shall be moved to May 9, 2018;

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2.

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Procedure 26(f) shall be moved to May 8, 2018.

Deadline currently set for April 17, 2018 pursuant to Federal Rule of Civil

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IT IS SO ORDERED.
Dated:

April 17, 2018

/s/ Barbara

A. McAuliffe

UNITED STATES MAGISTRATE JUDGE