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

Filing 60

STIPULATION TO CONTINUE DISCOVERY DEADLINES ORDER signed by Magistrate Judge Barbara A. McAuliffe on 04/18/2019. IT IS HEREBY ORDERED that the Scheduling Order in this action is hereby modified as follows: Non-Expert Discovery Cut-Off: July 11, 2019. The parties are further advised that no further extensions or modifications of the deadlines in this case will be granted absent a demonstrated showing of good cause. (Gonzales, V)

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MURPHY AUSTIN ADAMS SCHOENFELD LLP

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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, CA 95814
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
Email:
[e-mail]
Attorneys for Plaintiff
WEST PACIFIC ELECTRIC COMPANY
CORPORATION
P. RANDOLPH FINCH, JR., SBN 185004
DAVID W. SMILEY, SBN 226616
FINCH, THORNTON & BAIRD, LLP
4747 Executive Drive, Suite 700
San Diego, California 92121-3107
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
Email:
[e-mail]
Attorneys for Defendants
DRAGADOS/FLATIRON, et al.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WEST PACIFIC ELECTRIC COMPANY
CORPORATION,

Case No. 1:18-cv-00166-LJO-BAM
STIPULATION TO CONTINUE
DISCOVERY DEADLINES; ORDER

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Plaintiff,
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v.

Trial Date:
March 17, 2020
Complaint Filed: January 30, 2018

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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
-1STIPULATION TO CONTINUE DISCOVERY DEADLINES; ORDER

5618.001-2820674.1

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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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The parties to this Stipulation to Continue Discovery Deadlines are Plaintiff West Pacific

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Electric Company Corporation (“WPEC”), Defendant Dragados/Flatiron (“DFJV”), and

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

MURPHY AUSTIN ADAMS SCHOENFELD LLP

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

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

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

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America, and Federal Insurance Company (collectively referred to as “Surety Defendants”).

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Collectively, WPEC, DFJV and the Surety Defendants are hereinafter referred to as the “Parties.”

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The Parties, through their respective counsel, jointly stipulate and respectfully request that

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the Court enter an Order continuing discovery deadlines (as more specifically identified further

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below) to allow more time for the Parties to complete its discovery prior to the current deadlines.

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Good cause exists for modifying and continuing the requested deadlines because third-

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party, California High-Speed Rail Authority’s (“CHSRA”), subpoenaed documents were just

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recently fully produced to the Parties. On August 2, 2018, WPEC issued an amended Subpoena

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to Produce Documents, Information or Objects or to Permit Inspection of Premises (“Subpoena”)

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to CHSRA. (See Declaration of Lisa D. Nicolls at ¶ 2, and Exhibit A attached thereto.) The

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Subpoena sought production of all relevant documents, including emails in CHSRA’s possession

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regarding the high-speed rail project. (Id.) CHSRA’s responsive documents were due by

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September 4, 2018, and it produced thousands of documents, but failed to produce responsive

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emails as required per the Subpoena. (Id.)

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In approximately November of 2018, CHSRA, by and through its legal counsel,
communicated to WPEC that it had identified approximately 20,000 potentially responsive emails
-2STIPULATION TO CONTINUE DISCOVERY DEADLINES; ORDER

5618.001-2820674.1

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and that a review was in process. (Id.at ¶ 3, and Exhibit B attached thereto.) CHSRA indicated

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that it would produce supplemental records in a rolling fashion. (Id.) However, by mid-

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December of 2018, CHSRA had not yet produced its email production and, via email dated

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December 13, 2018, advised that its supplemental production would be delayed due to a legal

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staff shortage. (Id. at ¶ 4, and Exhibit C attached thereto.)

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On February 11, 2019, WPEC sent a formal meet and confer to CHSRA regarding the

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significantly delayed email production. (Id. at ¶ 5, and Exhibit D attached thereto.) In response,

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on February 25, 2019, CHSRA advised it had recently obtained permission from the Assistant

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Chief Counsel to hire outside counsel to assist with the review of the project emails and

MURPHY AUSTIN ADAMS SCHOENFELD LLP

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anticipated its production of documents would be completed no later than March 15, 2019. Those

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documents, which exceed 200,000 pages, were just recently received and have not yet been

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reviewed. (Id. at ¶ 6, and Exhibit E attached thereto.)

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Given the unexpected delays in discovery thus far, the Parties request that the Court’s

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previous Scheduling Order, including discovery deadlines, be amended with the following

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proposed dates:

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1.

Non-Expert Discovery Cut-Off: July 11, 2019

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The Parties stipulate and agree that all other dates and deadlines set forth in the Court’s

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Scheduling Conference Order will not be altered.

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Dated: April 8, 2019

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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-3STIPULATION TO CONTINUE DISCOVERY DEADLINES; ORDER

5618.001-2820674.1

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Dated: April 8, 2019

FINCH, THORNTON & BAIRD , LLP

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By:/s/ David W. Smiley
P. RANDOLPH FINCH, JR.
DAVID W. SMILEY
Attorneys for Defendants
DRAGADOS/FLATIRON, et al.

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IT IS SO ORDERED.

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Dated:
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/s/ Barbara

April 18, 2019

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

MURPHY AUSTIN ADAMS SCHOENFELD LLP

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-4STIPULATION TO CONTINUE DISCOVERY DEADLINES; ORDER

5618.001-2820674.1

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ORDER

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Pursuant to the parties' stipulation, and good cause appearing, IT IS HEREBY ORDERED
that the Scheduling Order in this action is hereby modified as follows:
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Non-Expert Discovery Cut-Off: July 11, 2019
The parties are further advised that no further extensions or modifications of the deadlines

in this case will be granted absent a demonstrated showing of good cause.

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MURPHY AUSTIN ADAMS SCHOENFELD LLP

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-5STIPULATION TO CONTINUE DISCOVERY DEADLINES; ORDER

5618.001-2820674.1