Ameripride Svc Inc v. Valley Industrial, et al

Filing 1036

ORDER signed by Chief Judge Morrison C. England, Jr. on 4/19/2016 ORDERING that Texas Eastern Overseas Inc.'s 1019 Motion to Exclude portions of Mark A. Bryant's expert report and related trial testimony; and 1020 Motion for Sanctions are WITHDRAWN without prejudice. (Reader, L)

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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]
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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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
DEFENDANT TEXAS EASTERN
OVERSEAS, INC.’S REQUEST AND
ORDER TO WITHDRAW ITS MOTIONS
FILED AS ECF DOCKET NUMBERS
1019 AND 1020 WITHOUT PREJUDICE
AND TO VACATE THE HEARING DATE
OF APRIL 21, 2016 AS TO THESE
MOTIONS ONLY
Date:
Time:
Courtroom:
Judge:

April 21, 2016
2:00 p.m.
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Hon. Morrison C. England, Jr.

Trial Date: October 17, 2016

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1576575

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REQUEST AND ORDER TO WITHDRAW ECF DOCKET NOS. 1019 AND 1020 AND VACATE THE APRIL 21, 2016
HEARING DATE AS TO THESE MOTIONS ONLY

Defendant TEXAS EASTERN OVERSEAS, INC. (“TEO”), by and through its

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respective counsel, respectfully submits this request to withdraw the following two

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motions without prejudice and to vacate the related hearing date of April 21, 2016,

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related to the following two motions only:
(1) TEO’s Motion to Exclude the Portion of Mark A. Bryant’s November 30, 2015

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Expert Report and Related Trial Testimony That Contradicts AmeriPride’s Admission To

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TEO’s Request for Admission (ECF Docket No. 1019); and
(2) TEO’s Motion for Sanctions Pursuant to FRCP 26(g)(3) and the Court’s

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Inherent Powers and For Judicial Estoppel Regarding AmeriPride’s Second
Supplemental Responses to Chromalloy’s Discovery (ECF Docket No. 1020).
Good cause exists to grant TEO’s request to withdraw these motions without

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prejudice. TEO and Plaintiff AMERIPRIDE SERVICES, INC. (“AmeriPride”) have both

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filed Motions for Summary Judgment, which are also scheduled to be heard on April 21,

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2016. This request in no way affects the Motions for Summary Judgment, which are

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also set to be heard April 21, 2016 at 2:00 p.m. This Court’s resolution of issues raised

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on summary judgment, including the judicial estoppel and National Contingency Plan

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issues, may narrow or possibly moot TEO’s Motion to Exclude (Dkt. 1019) and Motion

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for Sanctions (Dkt. 1020). For this reason, judicial economy will be enhanced by

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granting TEO’s request to withdraw its motions without prejudice and vacating the April

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21, 2016 hearing date for these motions only.

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Date: April 13, 2016

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BASSI, EDLIN, HUIE & BLUM LLP
/s/ Fred M. Blum
By:____________________________________
FRED M. BLUM
ERIN K. POPPLER
VIVY D. DANG
Attorneys for Defendant
TEXAS EASTERN OVERSEAS, INC.

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1576575

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REQUEST AND ORDER TO WITHDRAW ECF DOCKET NOS. 1019 AND 1020 AND VACATE THE APRIL 21, 2016
HEARING DATE AS TO THESE MOTIONS ONLY

ORDER

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The foregoing request is GRANTED. Defendant Texas Eastern Overseas, Inc.’s

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(1) Motion to Exclude the Portion of Mark A. Bryant’s November 30, 2015 Expert Report

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and Related Trial Testimony That Contradicts AmeriPride’s Admission To TEO’s

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Request for Admission (ECF Docket No. 1019); and (2) Motion for Sanctions Pursuant

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to FRCP 26(g)(3) and the Court’s Inherent Powers and For Judicial Estoppel Regarding

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AmeriPride’s Second Supplemental Responses to Chromalloy’s Discovery (ECF Docket

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No. 1020) are hereby withdrawn without prejudice. Further, the hearing date of April 21,

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2016 is vacated for these two motions only.
IT IS SO ORDERED.

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Dated: April 19, 2016

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1576575

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REQUEST AND ORDER TO WITHDRAW ECF DOCKET NOS. 1019 AND 1020 AND VACATE THE APRIL 21, 2016
HEARING DATE AS TO THESE MOTIONS ONLY