Ameripride Svc Inc v. Valley Industrial, et al

Filing 1002

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 9/25/15 ORDERING that pursuant to 999 the Court GRANTS ths parties' request to take the deposition of third-part Cal-Am 15 days after the non-expert discovery cut-off date. (Meuleman, A)

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PHILIP C. HUNSUCKER (SBN 135860)
BRIAN L. ZAGON (SBN 142403)
MARC SHAPP (SBN 266805)
HUNSUCKER GOODSTEIN PC
3717 Mt. Diablo Blvd., Suite 200
Lafayette, CA 94549
Telephone:
[phone]
Facsimile:
[phone]
LEE N. SMITH (SBN 138071)
PERKINS, MANN & EVERETT, APC
HUNSUCKER GOODSTEIN PC
7815 N. Palm Ave, Suite 200
Fresno, CA 93711
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
AMERIPRIDE SERVICES INC.
FRED M. BLUM, ESQ. (SBN 101586)
ERIN K. POPPLER, ESQ. (SBN 267724)
VIVY D. DANG, ESQ. (SBN 297714)
BASSI, EDLIN, HUIE & BLUM LLP
500 Washington Street, Suite 700
San Francisco, CA 94111
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
TEXAS EASTERN OVERSEAS, INC.
[Additional Attorneys Listed on Signature Page]
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
AMERIPRIDE SERVICES INC.,

) Case No. 2:00-cv-00113-MCE-EFB
)
Plaintiffs,
) STIPULATION AND ORDER TO TAKE
) THE DEPOSITION OF THIRD PARTY
vs.
) CALIFORNIA-AMERICAN WATER
) COMPANY’S PERSON MOST
) KNOWLEDGEABLE AFTER THE NONVALLEY INDUSTRIAL SERVICES, INC., a ) EXPERT DISCOVERY CUT-OFF DATE
former California corporation, et al.,
)
) Judge:
Hon. Morrison C. England
Defendants.
) Trial Date: August 5, 2016
)
)
)
)
Plaintiff AMERIPRIDE SERVICES INC. (“AmeriPride”) and Defendant TEXAS
EASTERN OVERSEAS, INC. (“TEO”), by and through their respective counsel, stipulate with
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STIPULATION AND ORDER TO CONTINUE FACT DISCOVERY DEADLINE AS NECESSARY TO TAKE THE DEPOSITION OF
THIRD PARTY CALIFORNIA-AMERICAN WATER COMPANY’S PMK

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respect to the deposition of third-party California-American Water Company (“Cal-Am”), as

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follows:

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RECITALS
1.

Pursuant to the July 20, 2015 Pretrial Scheduling Order, all discovery, with the

exception of expert discovery, must be completed by September 30, 2015. Dkt. 988 at 3.
2.

On August 17, 2015, TEO served Cal-Am a Subpoena To Testify At A

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Deposition In A Civil Action for the deposition of Cal-Am’s Person Most Knowledgeable

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(“PMK”) on several subject matters including: settlement negotiations between Cal-Am and

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AmeriPride, whether response actions taken at the Cal-Am facility were consistent with the

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requirements of the National Contingency Plan (“NCP”), and whether the costs incurred for

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those response actions were consistent with the requirements of the NCP.

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3.

On September 11, 2015, AmeriPride also served Cal-Am a Subpoena To Testify

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At A Deposition In A Civil Action for the deposition of its PMK on additional topics. In August,

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before serving its deposition notice, counsel for AmeriPride had requested from Cal-Am’s

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counsel available dates for the deposition of the Cal-Am PMK. AmeriPride waited to serve its

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deposition notice until it had available dates for the deposition from counsel for Cal-Am.

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4.

Prior to serving the deposition subpoenas, both parties also served separate

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Subpoenas To Produce Documents on Cal-Am. On August 25, 2015, Cal-Am produced

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documents responsive to AmeriPride’s subpoena and has indicated that it will produce additional

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documents.

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5.

Cal-Am’s PMK’s deposition is necessary for the issue remanded to this Court to

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“determine the extent to which AmeriPride reimbursed Cal-Am for necessary response costs

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incurred consistent with the NCP.” AmeriPride Services, Inc. v. Texas Eastern Overseas, Inc.,

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782 F. 3d 479, 492 (9th Cir. 2015).

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6.

Cal-Am has agreed to produce Mr. Mark Schubert for the deposition of its PMK.

Mr. Schubert resides in San Diego, California.
7.

Mr. Schubert is unavailable for a deposition before September 30, 2015.

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STIPULATION AND ORDER TO CONTINUE FACT DISCOVERY DEADLINE AS NECESSARY TO TAKE THE DEPOSITION OF
THIRD PARTY CALIFORNIA-AMERICAN WATER COMPANY’S PMK

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agreed to travel to San Francisco to be deposed.

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Mr. Schubert is available for deposition on October 8 or October 15, 2015, and has

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TEO and AmeriPride’s counsel have agreed to share the reasonable travel costs

Mr. Schubert will incur to attend this deposition.

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10.

Good cause exists for this Court to permit the deposition of third-party Cal-Am to

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be taken fifteen days (15) after the non-expert discovery cut-off date because: (1) the parties

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were diligent in seeking the deposition of Cal-Am so it could be taken before September 30,

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2015; and (2) Cal-Am’s designated witness cannot attend a deposition prior to September 30,

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2015.

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By allowing the deposition of Cal-Am to be taken on October 15, 2015 the Parties

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are not aware of any issue that would arise related to their compliance with any other deadlines

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in the Court’s Pretrial Scheduling Order.

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STIPULATION
Based on the foregoing, AmeriPride and TEO agree and respectfully request that the

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Court permit the deposition of third-party Cal-Am to be taken fifteen days (15) after the non-

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expert discovery cut-off date.

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Date: September 16, 2015

BASSI, EDLIN, HUIE & BLUM LLP

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By: /s/ Fred M. Blum

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FRED M. BLUM
ERIN K. POPPLER
Attorneys for Defendant
TEXAS EASTERN OVERSEAS, INC.

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Date: September 16, 2015

WILSON, ELSER, MOSKOWITZ, EDELMAN
& DICKER LLP
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STIPULATION AND ORDER TO CONTINUE FACT DISCOVERY DEADLINE AS NECESSARY TO TAKE THE DEPOSITION OF
THIRD PARTY CALIFORNIA-AMERICAN WATER COMPANY’S PMK

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By: /s/ Ronald S. Bushner

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RONALD S. BUSHNER (SBN 98352)
SHANA INSPEKTOR (SBN 291841)
WILSON, ELSER, MOSKOWITZ, EDELMAN
& DICKER LLP
525 Market Street, 17th Floor
San Francisco, California 94105-2725
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
TEXAS EASTERN OVERSEAS, INC.

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Date: September 16, 2015

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HUNSUCKER GOODSTEIN & NELSON PC
By: /s/ Brian L. Zagon

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PHILIP C. HUNSUCKER
BRIAN L. ZAGON
Attorneys for Plaintiffs
AMERIPRIDE SERVICES INC.

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Date: September 16, 2015

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PERKINS MANN & EVERETT, APC
By: /s/ Lee N. Smith

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LEE N. SMITH
Attorneys for Plaintiffs
AMERIPRIDE SERVICES INC.

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ORDER
Pursuant to the foregoing stipulation, the Court grants the parties’ request to take the
deposition of third-party Cal-Am fifteen days (15) after the non-expert discovery cut-off date.
IT IS SO ORDERED.
Dated: September 25, 2015

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STIPULATION AND ORDER TO CONTINUE FACT DISCOVERY DEADLINE AS NECESSARY TO TAKE THE DEPOSITION OF
THIRD PARTY CALIFORNIA-AMERICAN WATER COMPANY’S PMK