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

Filing 45

STIPULATION and Request to Further Continue Mandatory Schedule Conference; ORDER - that the Mandatory Scheduling Conference is continued from May 30, 2018 to July 24, 2018, at 1 0 :00 AM in Courtroom 8 before Judge Barbara A. McAuliffe. A JOINT Scheduling Conference 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 t o the Scheduling Conference, 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 modified as follows: (1.) Deadli nes currently set for May 9, 2018: LD for trial counsel for all parties to conduct and conclude a conference at a time and place arranged by counsel for the plaintiff, shall be moved to June 14, 2018; (2.) Deadlines currently set for May 8, 2018 pursuant to Federal Rule of Civil Procedure 26(f) be moved to June 13, 2018. signed by Magistrate Judge Barbara A. McAuliffe on 5/9/2018. (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]

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Attorneys for Plaintiff
WEST PACIFIC ELECTRIC COMPANY
CORPORATION

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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M U R P H Y A U S T I N A D A M S S C H O E N F E L D LL P

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WEST PACIFIC ELECTRIC COMPANY
CORPORATION,

Case No. 1:18-CV-00166-LJO-BAM

STIPULATION AND REQUEST TO
FURTHER CONTINUE MANDATORY
SCHEDULING CONFERENCE

Plaintiff,

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v.

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DRAGADOS/FLATIRON, a joint venture;
LIBERTY MUTUAL INSURANCE
COMPANY, a Massachusetts corporation;
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,

Complaint Filed:

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Defendants.
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January 30, 2018

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5618.001-2607225.1

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 30, 2018 at 9:00 a.m. be continued to July

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5, 2018 at 9:00 a.m. or such subsequent time as the Court deems appropriate. The Parties further

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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 further modified as follows:

M U R P H Y A U S T I N A D A M S S C H O E N F E L D LL P

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1.

Deadlines currently set for May 9, 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 June 14, 2018;

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2.

Deadlines currently set for May 21, 2018: LD to file a Joint Scheduling Report be

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moved to June 26; and

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3.

Deadlines currently set for May 8, 2018, pursuant to Federal Rule of Civil

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Procedure 26(f) shall be moved to June 13, 2018.

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

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was continued to May 30, 2018 based on Defendant Dragados/Flatiron’s Motion to Dismiss

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being set for hearing on April 10, 2018. On May 4, 2018, the court requested additional briefing

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which will not be concluded until May 31, 2018. A brief continuance of the Scheduling

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Conference and corresponding deadlines set forth above (to hopefully allow the Court to rule on

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the motion to dismiss before the conference and initial disclosure deadline) will allow the Parties

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to more meaningfully comply with their obligations under Rule 26 and the applicable Local

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Rules.

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There has only been one previous extension of the scheduling conference date and related

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deadlines pursuant to stipulation in this case and granting this stipulation and request will have no
5618.001-2607225.1
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STIPULATION AND REQUEST TO CONTINUE MANDATORY SCHEDULING CONFERENCE
1:18-CV-00166-LJO-BAM

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significant impact on the schedule for this case as no trial date has been scheduled.

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Dated: May 7, 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: May 7, 2018

FINCH, THORNTON & BAIRD, LLP

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M U R P H Y A U S T I N A D A M S S C H O E N F E L D LL P

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By /s/ David W. Smiley
P. RANDOLPH FINCH, JR.
DAVID W. SMILEY
Attorneys for Defendants

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5618.001-2607225.1

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

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ORDER
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Having reviewed the parties’ stipulation (Doc 44), and good cause appearing, IT IS
HEREBY ORDERED that the Mandatory Scheduling Conference is continued from May 30,

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2018 to July 24, 2018, at 1 0 :00 AM in Courtroom 8 before Judge Barbara A. McAuliffe. A
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M U R P H Y A U S T I N A D A M S S C H O E N F E L D LL P

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JOINT Scheduling Conference 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 Conference, and a
copy shall be emailed, in Word format, to [e-mail]. The case schedule set
forth in the Court’s Order Setting Mandatory Scheduling Conference (Document 3) is modified as
follows:
1.

Deadlines currently set for May 9, 2018: LD for trial counsel for all parties to

conduct and conclude a conference at a time and place arranged by counsel for the plaintiff, shall
be moved to June 14, 2018;
2.

Deadlines currently set for May 8, 2018 pursuant to Federal Rule of Civil

Procedure 26(f) be moved to June 13, 2018.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

May 9, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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5618.001-2607225.1

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