Ameripride Svc Inc v. Valley Industrial, et al

Filing 752

STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 6/1/2011 ORDERING that the hearings on 740 Motion to Exclude Opinion Testimony of Pltf's Expert, 736 Motion to Re-Open Discovery and 745 Motion for Sanctions against Ameripride Services, Inc is CONTINUED to 7/18/2011. AmeriPride's oppositions to all of the motions shall be due by 6/20/2011. TEO's reply briefs in support of all of the motions shall be due by 7/11/2011. (Zignago, K.)

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PHILIP C. HUNSUCKER (SBN: 135860)
BRIAN L. ZAGON (SBN: 142403)
MAUREEN B. HODSON (SBN: 251990)
HUNSUCKER GOODSTEIN & NELSON PC
3717 Mt. Diablo Blvd., Suite 200
Lafayette, CA 94549
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
LEE N. SMITH (SBN: 138071)
STOEL RIVES LLP
500 Capitol Mall, Suite 1600
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff
AMERIPRIDE SERVICES INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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AMERIPRIDE SERVICES INC., a Delaware
corporation,

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Plaintiff,
vs.

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VALLEY INDUSTRIAL SERVICES, INC., a
former California corporation and TEXAS
EASTERN OVERSEAS, INC., a former
Delaware Corporation,
Defendants.

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AND CONSOLIDATED ACTION AND
CROSS AND COUNTER-CLAIMS.

Case No. CIV. S-00-113 LKK/JFM
JOINT STIPULATION AND ORDER
CONTINUING THE HEARINGS ON
DEFENDANT TEXAS EASTERN
OVERSEAS, INC.’S DAUBERT
MOTION TO EXCLUDE OPINION
TESTIMONY OF PLAINTIFF’S
EXPERT; MOTION TO RE-OPEN
DISCOVERY; AND MOTION FOR
SANCTIONS AGAINST AMERIPRIDE
SERVICES INC.
Date: June 20, 2011
Time: 10:00 a.m.
Dept.: 4
Hon. Lawrence K. Karlton
Trial Date: January 18, 2012
Discovery Cut Off: May 1, 2011
Motion Cut Off: July 1, 2011

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JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING DEFENDANT’S MOTIONS

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The parties to the above-entitled action, by and through their respective counsel, hereby

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stipulate and request the Court to continue the hearings on Defendant Texas Eastern Overseas,

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Inc.’s (“TEO”) Notice of Daubert Motion to Exclude Opinion Testimony of Plaintiff’s Expert (Dkt.

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740); Notice of Motion to Re-Open Discovery (Dkt. 736); and Notice of Motion for Sanctions

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Against AmeriPride Services Inc. (Dkt. 745) and the associated briefing schedule.

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On May 23, 2011, TEO filed its Daubert Motion to Exclude Opinion Testimony of Plaintiff’s

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Expert; Motion to Re-Open Discovery; and Motion for Sanctions Against AmeriPride Services Inc.

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The hearings on these motions are currently set for June 20, 2011. Counsel for AmeriPride Services

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Inc. (“AmeriPride”) are unavailable on June 20 due to pre-existing commitments: Mr. Hunsucker

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will be out of the country, Mr. Zagon will be outside of the Continental United States and Ms.

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Hodson will be on maternity leave.

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Counsel for TEO has agreed to move the hearing date and the parties have agreed on a
briefing schedule, subject to the Court’s approval.

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Based on the foregoing, IT IS HEREBY STIPULATED by and between the parties as
follows:

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The hearings on Defendant TEO’s Daubert Motion to Exclude Opinion Testimony of

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Plaintiff’s Expert; Motion to Re-Open Discovery; and Motion for Sanctions Against AmeriPride

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Services Inc. will be continued to July 18, 2011.

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AmeriPride’s oppositions to all of the motions shall be due on or before June 20, 2011.

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TEO’s reply briefs in support of all of the motions shall be due on or before July 11, 2011.

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JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING DEFENDANT’S MOTIONS

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Dated: May 27, 2011

HUNSUCKER GOODSTEIN & NELSON PC

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By:

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STOEL RIVES LLP
Lee N. Smith
Attorneys for
AMERIPRIDE SERVICES INC.

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/s/ Brian L. Zagon
Philip C. Hunsucker
Brian L. Zagon
Maureen B. Hodson
Attorneys for
AMERIPRIDE SERVICES INC.

Dated: May 27, 2011

BASSI, EDLIN, HUIE & BLUM LLP

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By:

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/s/ Fred M. Blum
Fred M. Blum
Antonia O. Garcia, Jr.
Attorneys for
TEXAS EASTERN OVERSEAS, INC.
WILSON ELSER MOSKOWITZ, EDELMAN &
DICKER LLP
Ronald S. Bushner
Bernard Gehlhar
Emily M. Weissenberger
Attorneys for
TEXAS EASTERN OVERSEAS, INC.

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IT IS SO ORDERED.
Dated: June 1, 2011

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JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING DEFENDANT’S MOTIONS