Ameripride Svc Inc v. Valley Industrial, et al

Filing 1015

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 2/10/16 ORDERING the foregoing Joint Request is GRANTED. The memorandum of points and authorities in support of dispositive motions, and any oppositions thereto, shall not exceed twenty-seven (27) pages. Associated reply briefs shall not exceed eighteen (18) pages. (Becknal, R)

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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, 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]

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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 REQUEST AND ORDER TO
INCREASE THE PAGE LIMITATION ON
DISPOSITIVE MOTIONS AND RELATED
OPPOSITIONS AND REPLIES
Judge:
Trial Date:

Hon. Morrison C. England
August 5, 2016

MSJ Filing Deadline: February 25, 2016

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JOINT REQUEST AND ORDER TO INCREASE PAGE LIMITATION ON DISPOSITIVE MOTIONS AND RELATED
OPPOSITIONS AND REPLIES

Plaintiff AMERIPRIDE SERVICES INC. (“AmeriPride”) and Defendant TEXAS

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EASTERN OVERSEAS, INC. (“TEO”), by and through their respective counsel,

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respectfully submit this joint request for relief from the Court’s page limitations on

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dispositive motions and the related oppositions and replies.
Pursuant to the Court’s July 20, 2015 Pretrial Scheduling Order, “[t]he Court

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places a page limit for points and authorities (exclusive of exhibits and other supporting

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documentation) of twenty (20) pages on all initial moving papers, twenty (20) pages on

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oppositions, and ten (10) pages for replies. All requests for page limit increases must

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be made in writing to the Court setting forth any and all reasons for any increase in

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page limit at least fourteen (14) days prior to the filing of the motion.” Absent a Court

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order, the parties must include all of their summary judgment issues in one motion or

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cross-motion. Dkt. 988 at 5-6.1
The Parties respectfully request the following page limit increases: (1) twenty-

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seven (27) pages for initial moving papers; (2) twenty-seven (27) pages for oppositions;

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and (3) eighteen (18) pages for replies.
Good cause exists to grant the Parties’ request to exceed the page limit. The

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Court’s July 20, 2015 Order states that “all purely legal issues are to be resolved by

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timely pretrial motions.” Dkt. 988, 5:18. There are purely legal issues in dispute

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between the Parties relating to all three of the remanded issues from the Ninth Circuit

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Court of Appeals. AmeriPride Services, Inc. v. Texas Eastern Overseas, Inc., 782 F. 3d

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479, 492 (9th Cir. 2015). The Parties also intend to move on issues involving mixed

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questions of fact and law where they think the material facts are undisputed.

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TEO contends that the legal issues are numerous, and many of them complex.

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By granting the Parties’ request for additional pages, each of the legal issues in

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dispute and other issues capable of resolution on summary judgment can be adequately

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and meaningfully briefed for the Court. The result will be enhanced judicial economy.

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“Dkt.” refers to the Court’s ECF Docket number for this case.

1436025

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JOINT REQUEST AND ORDER TO INCREASE PAGE LIMITATION ON DISPOSITIVE MOTIONS AND RELATED
OPPOSITIONS AND REPLIES

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The Parties will have a full opportunity to resolve as many issues as possible through

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their dispositive motions, which will streamline the Parties’ presentation of evidence and

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witnesses to the Court at the one-day trial set for August 5, 2016. Further, even if an

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issue is not entirely resolved by dispositive motion, the Court will have the benefit of the

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Parties’ full briefing of each issue, which may help orient and familiarize the Court with

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the outstanding disputes prior to the one-day trial.

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Date: February 4, 2016

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BASSI, EDLIN, HUIE & BLUM LLP
By: /s/ Erin K. Poppler

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

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Date: February 4, 2016

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WILSON, ELSER, MOSKOWITZ, EDELMAN &
DICKER LLP
By: /s/ Shana Inspektor

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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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JOINT REQUEST AND ORDER TO INCREASE PAGE LIMITATION ON DISPOSITIVE MOTIONS AND RELATED
OPPOSITIONS AND REPLIES

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Date: February 4, 2016

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HUNSUCKER GOODSTEIN 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: February 4, 2016

PERKINS MANN & EVERETT, APC

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By: /s/ Lee N. Smith

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LEE N. SMITH
Attorneys for Plaintiffs
AMERIPRIDE SERVICES INC.

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ORDER

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The foregoing Joint Request is GRANTED. The memorandum of points and

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authorities in support of dispositive motions, and any oppositions thereto, shall not

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exceed twenty-seven (27) pages. Associated reply briefs shall not exceed eighteen

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(18) pages.

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IT IS SO ORDERED.
Dated: February 10, 2016

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JOINT REQUEST AND ORDER TO INCREASE PAGE LIMITATION ON DISPOSITIVE MOTIONS AND RELATED
OPPOSITIONS AND REPLIES