Ameripride Svc Inc v. Valley Industrial, et al

Filing 765

ORDER denying 736 Motion for Discovery and 740 Motion for Discovery signed by Senior Judge Lawrence K. Karlton on 7/19/11: With respect to the Daubert motion, the court may make further determinations as to the relevance and reliability of the challenged testimony at trial. (Kaminski, H)

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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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NO. CIV. S-00-113 LKK/JFM
Plaintiff,

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v.
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VALLEY INDUSTRIAL SERVICE, INC.,
a former California corporation,
et al.,

O R D E R

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Defendants.
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/
AND CONSOLIDATED ACTION AND
CROSS- AND COUNTER-CLAIMS.
/

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In May 2011, this court ruled on plaintiff and counter-

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defendant’s motion for summary judgment. The court granted partial

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summary adjudication on several issues. Shortly after this court’s

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order, defendant and counter-plaintiff filed three motions. One was

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resolved through stipulation. Remaining are its motions to re-open

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discovery (modify the scheduling order) and to exclude plaintiff’s

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expert testimony.
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Both motions were heard on July 18, 2011. For the reasons

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discussed at the hearing, both motions (Doc. Nos. 736, 740) are

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denied.1 With respect to the Daubert motion, the court may make

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further determinations as to the relevance and reliability of the

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challenged testimony at trial.2

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IT IS SO ORDERED.

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DATED: July 19, 2011.

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The parties also stipulated that AmeriPride Services, Inc.
(“AmeriPride”) shall withdraw its state law claims against TEO and
that Texas Eastern Overseas, Inc. (“TEO”) shall withdraw its jury
demand.

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At oral argument, counsel referred to the status (pretrial
scheduling) order issued in this case on September 29, 2010.
Counsel referred to the order as the pretrial order. However, the
court has not yet issued a pretrial order pursuant to L.R. 283 for
the dispute between AmeriPride and TEO. Rather, the final pretrial
conference is set for October 3, 2011 at 1:30 p.m., after which the
court will issue the pretrial order. For this reason, AmeriPride
did not file its Fourth Amended Complaint after the court had
issued the pretrial order, but rather had filed it after the court
issued a status order.
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