Ameripride Svc Inc v. Valley Industrial, et al

Filing 1130

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr., on 11/10/16 ORDERING that based on the parties' stipulation, the Court hereby receives into evidence TEO's additional trial exhibits, included in Exhibit A attached to the above stipulation, filed with the Court at ECF No. 1123 . The Court adopts this Exhibit A, in conjunction with Exhibits A and B attached to the parties' Joint Filing of Trial Exhibits Admitted Into Evidence By Stipulation (ECF No. 1116 ) as the final list of admitted trial exhibits.(Kastilahn, A)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 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: (925) 284-0840 Facsimile: (925) 284-0870 LEE N. SMITH (SBN 138071) PERKINS, MANN & EVERETT, APC 7815 N. Palm Ave, Suite 200 Fresno, CA 93711 Telephone: (559) 447-5700 Facsimile: (559) 447-5600 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: (415) 397-9006 Facsimile: (415) 397-1339 Attorneys for Defendant TEXAS EASTERN OVERSEAS, INC. 16 17 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 18 19 20 AMERIPRIDE SERVICES INC., a Delaware corporation, Plaintiff, 21 22 VALLEY INDUSTRIAL SERVICES, INC., a former California Corporation, et al. STIPULATION AND ORDER RE RECEIVING ADDITOINAL TEO TRIAL EXHIBITS INTO EVIDENCE vs. 23 Case No. 2:00-cv-00113-MCE-DB 24 Trial Date: October 17-19, 2016 Time: 9:00 a.m. Courtroom: 7 Judge: Hon. Morrison C. England, Jr. Defendants. 25 26 27 Complaint Filed: January 20, 2000 AND CONSOLIDATED ACTION AND CROSS AND COUNTER-CLAIMS. 28 STIPULATION AND ORDER RE RECEIVING ADDITIONAL TEO TRIAL EXHIBITS INTO EVIDENCE Case No. 2:00-cv-00113-MCE-DB 1 Plaintiff AMERIPRIDE SERVICES INC. (“AmeriPride”) and Defendant TEXAS 2 EASTERN OVERSEAS, INC. (“TEO”), by and through their respective counsel, stipulate 3 as follows with respect to the admission of demonstrative exhibits: 4 5 6 7 8 9 10 11 12 13 14 15 16 RECITALS 1. On October 3, 2016, AmeriPride and TEO exchanged copies of their respective trial exhibits, see ECF No. 1063-1 at 5-28 and 29-108; 2. On October 11, 2016, AmeriPride and TEO each filed and served objections to some but not all of the other party’s trial exhibits, see ECF Nos. 1087 and 1089; 3. On October 17 through October 19, 2016, the Court held a bench trial in this matter (the “Trial”); 4. On October 19, 2016, the Court ordered that all of the exhibits to which objections were not raised would be received into evidence, ECF No. 1110; 5. On October 19, 2016, TEO stated at the Trial that it intended to move additional exhibits into evidence to which AmeriPride raised objections; 6. The Court has ordered AmeriPride and TEO to file with the Court a list of additional exhibits TEO intends to move into evidence; STIPULATION 17 18 19 20 21 22 23 24 25 Based on the foregoing, AmeriPride and TEO, through their respective counsel of record, stipulate as follows: 1. All of the documents or records TEO intends to move into evidence subject to this Stipulation are included in the attached Exhibit A; 2. AmeriPride timely objected to each of the exhibits identified in Exhibit A on the grounds stated in its objections to TEO’s trial exhibits (ECF No. 1089); 3. The Court has overruled AmeriPride’s objections to the exhibits identified on Exhibit A and the exhibits listed in Exhibit A are to be received into evidence. 26 27 28 1 STIPULATION AND ORDER RE RECEIVING ADDITIONAL TEO TRIAL EXHIBITS INTO EVIDENCE Case No. 2:00-cv-00113-MCE-DB 1 2 Date: November 3, 2016 BASSI, EDLIN, HUIE & BLUM LLP By: 3 4 /s/ Fred M. Blum FRED M. BLUM ERIN K. POPPLER Attorneys for Defendant TEXAS EASTERN OVERSEAS, INC. 5 6 7 Date: November 3, 2016 HUNSUCKER GOODSTEIN PC By: 8 9 10 /s/ Brian L. Zagon PHILIP C. HUNSUCKER BRIAN L. ZAGON MARC A. SHAPP Attorneys for Plaintiffs AMERIPRIDE SERVICES INC. 11 12 Date: November 3, 2016 13 PERKINS MANN & EVERETT, APC By: 14 15 16 /s/ Lee N. Smith LEE N. SMITH Attorneys for Plaintiffs AMERIPRIDE SERVICES INC. ORDER 17 Based on the parties’ stipulation, the Court hereby receives into evidence TEO’s 18 additional trial exhibits, included in Exhibit A attached to the above stipulation, filed with 19 the Court at ECF No. 1123. The Court adopts this Exhibit A, in conjunction with Exhibits A 20 and B attached to the parties’ Joint Filing of Trial Exhibits Admitted Into Evidence By 21 Stipulation (ECF No. 1116) as the final list of admitted trial exhibits. 22 IT IS SO ORDERED. Dated: November 10, 2016 23 24 25 26 27 28 2 STIPULATION AND ORDER RE RECEIVING ADDITIONAL TEO TRIAL EXHIBITS INTO EVIDENCE Case No. 2:00-cv-00113-MCE-DB

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