Ameripride Svc Inc v. Valley Industrial, et al

Filing 1011

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 12/7/15 ORDERING that the Pretrial Scheduling Order is modified to move the deadline for completion of Dispositive Motions from 2/25/16 to 4/21/2016.(Mena-Sanchez, L)

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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
7815 N. Palm Ave, Suite 200
Fresno, CA 93711
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
AMERIPRIDE SERVICES INC.
FRED M. BLUM (SBN 101586)
ERIN K. POPPLER (SBN 267724)
VIVY D. DANG (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]

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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AMERIPRIDE SERVICES INC.,

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Plaintiffs,
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vs.
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VALLEY INDUSTRIAL SERVICES, INC., )
a former California corporation, et al.,
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Defendants.
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Case No. 2:00-cv-00113-MCE-EFB
JOINT STIPULATION AND ORDER TO
MODIFY THE DISPOSITIVE MOTION
COMPLETION DATE IN THE PRETRIAL
SCHEDULING ORDER [DKT. NO. 988]
Judge:
Hon. Morrison C. England
Trial Date: August 5, 2016

Plaintiff AMERIPRIDE SERVICES INC. (“AmeriPride”) and Defendant TEXAS
EASTERN OVERSEAS, INC. (“TEO”), by and through their respective counsel, stipulate
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JOINT STIPULATION AND ORDER TO MODIFY THE DISPOSITIVE MOTION COMPLETION DATE IN
THE PRETRIAL SCHEDULING ORDER

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to modify the dispositive motion completion date in the Pretrial Scheduling Order [Dkt. No.

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988], subject to the Court’s approval, as follows:
RECITALS

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1.

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Following remand from the Ninth Circuit Court of Appeals, the Court issued

its July 20, 2015 Pretrial Scheduling Order.
2.

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The Parties have diligently completed fact discovery, expert disclosures were

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timely filed and served on November 30, 2015, and the Parties intend to timely file and

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serve expert rebuttal reports by December 30, 2015.
3.

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TEO served three expert reports and AmeriPride served two expert reports.

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Several of the expert reports are lengthy and will require significant time to prepare for

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deposition of those experts.
4.

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The dispositive motion completion date is currently set for February 25, 2016.

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Motions for summary judgment must be filed eight weeks before the hearing date. (Dkt.

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No. 988 at 5). Applying these requirements results in the Parties’ respective motions for

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summary judgment being due the same day as expert rebuttal reports on December 30,

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2015.
5.

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All discovery of expert witnesses, including depositions, must be completed in

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“a timely manner in order to comply with the Court’s deadline for filing dispositive motions.”

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(Dkt. No. 988 at 4.) Among other complications, this requirement results in the Parties

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having to take all expert depositions before the service of expert rebuttal reports, and a

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very short time before the Parties must file their motions for summary judgment. Further,

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at least one of TEO’s witnesses is not available for deposition until after December 30,

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2015.

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6.

In order to timely complete all discovery of expert witnesses, and to provide

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the Parties with the option to take expert depositions after expert rebuttal reports are

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exchanged, the Parties respectfully request a two-month extension of the dispositive

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motion completion date from the current date of February 25, 2016 to April 21, 2016. The

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new deadline would result in motions for summary judgment being due by February 26,
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JOINT STIPULATION AND ORDER TO MODIFY THE DISPOSITIVE MOTION COMPLETION DATE IN
THE PRETRIAL SCHEDULING ORDER

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2016 (eight weeks before the hearing). No other modifications are requested.
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Pursuant to Fed. R. Civ. P. 16 and the Court’s Pretrial Scheduling Order,

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good cause exists for the requested extension because: (1) the Parties can take expert

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depositions with the benefit of both the initial and rebuttal reports which will result in more

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thorough discovery and presentation of experts at trial; (2) the Parties will have time to

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evaluate the expert deposition testimony prior to filing their respective motions for

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summary judgment which may streamline or entirely eliminate certain issues from the

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dispositive motions; (3) the Parties will be able to use the expert deposition testimony in

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support of their respective motions for summary judgment; (4) it will encourage, not

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discourage, efficient pre-trial activities; and (5) it will not delay disposition of this case. For

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these reasons, granting the Parties’ requested extension will also promote judicial

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economy.
STIPULATION

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

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the Court modify its Pretrial Scheduling Order to change the dispositive motion completion

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date currently set for February 25, 2016 to April 21, 2016.

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Date: December 4, 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: December 4, 2015

WILSON, ELSER, MOSKOWITZ, EDELMAN
& DICKER LLP
By:

/s/ Ronald S. Bushner
RONALD S. BUSHNER (SBN 98352)
SHANA INSPEKTOR (SBN 291841)
Attorneys for Defendant
TEXAS EASTERN OVERSEAS, INC.
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JOINT STIPULATION AND ORDER TO MODIFY THE DISPOSITIVE MOTION COMPLETION DATE IN
THE PRETRIAL SCHEDULING ORDER

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Date: December 4, 2015

HUNSUCKER GOODSTEIN & NELSON PC

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By: /s/ Brian L. Zagon

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

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Date: December 4, 2015

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

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LEE N. SMITH
Attorneys for Plaintiff
AMERIPRIDE SERVICES INC.

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ORDER
Based on the stipulation of the Parties and a showing of good cause, the Court
hereby modifies its Pretrial Scheduling Order to move the deadline for completion of
dispositive motions from February 25, 2016, to April 21, 2016.

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IT IS SO ORDERED.

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Dated: December 7, 2015

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JOINT STIPULATION AND ORDER TO MODIFY THE DISPOSITIVE MOTION COMPLETION DATE IN
THE PRETRIAL SCHEDULING ORDER