Kotrous v. Goss-Jewett Co North, et al

Filing 351

STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr. on 4/16/2010 ORDERING that the deadline to file dispositive documents is extended to 4/28/2010. In the event the parties fail to completely dispose of this action by 4/28/2010, the deadline for Goss-Jewett to complete discovery shall be extended to 5/28/2010. Bayer's deadline to file amended memoranda and any supporting evidence, addressing the further discovery, shall be extended to 6/21/2010, in response to which Goss-Jewett, the Anselmo Parties, and Kotrous may file and serve amended oppositions no later than 6/25/2010. (Engbretson, K.)

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JEFFORY J. SCHARFF (SBN 137620) MICHAEL E. VINDING (SBN 178359) SCHARFF, BRADY & VINDING 400 Capitol Mall, Suite 2640 Sacramento, CA 95814 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Defendant/Counter-Claimant/ Cross-Claimant/Cross-Defendant ROSALIE A. ANSELMO and KAREN L. LILIENTHAL, CO-TRUSTEES under that certain document entitled "THE EDWARD A. ANSELMO AND ROSALIE A. ANSELMO 1992 REVOCABLE TRUST" dated December 21, 1992; ELEANOR ANSELMO, DAVE DAVELAAR AND LINDA DAVELAAR UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JAMES KOTROUS, individually and doing business as THE MATTRESS FACTORY, Plaintiffs, v. GOSS-JEWETT COMPANY OF NORTHERN CALIFORNIA, INC., a California corporation; ESTATE OF ROBERT LAMANET, individually and as an officer of GOSSJEWETT COMPANY; STEVEN LAMANET, individually and as an officer of GOSSJEWETT COMPANY; MICHAEL LAMANET, individually and as an officer of GOSSJEWETT; ROSALIE A. ANSELMO and KAREN L. LILENTHAL, as Co ­ Trustees under that certain document entitled "The Edward A. Anselmo and Rosalie A. Anselmo 1992 Revocable Trust," dated December 21, 1992; BAYER CROPSCIENCE INC., a New York corporation, Defendants. AND ALL RELATED CROSS-ACTIONS.

CASE NO.: CIV. 2:02-01520 FCD JFM STIPULATION AND ORDER TO EXTEND TIME ON SETTLEMENT PROCESS

Trial Date: Time: Courtroom: Judge: Filing Date:

February 1, 2011 9:00 am 2 Frank C. Damrell, Jr. July 15, 2002

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On March 11, 2010, the parties conducted a VDRP mediation session under Civil Local Rule 271. Through this mediation session, the parties tentatively reached a global agreement potentially disposing of all the claims asserted in this action. The parties are currently engaged in preparing the necessary documents to finalize the agreement. On March 29, 2010, this Court issued its order upon stipulation of the parties (the "March 29 Order") which set April 14, 2010 as the deadline to file documents disposing of the within action and set numerous other deadlines pertaining to this action. On April 13, 2010, insurance carriers to defendants Edward A. Anselmo, deceased; Albert A. Anselmo, deceased; Rosalie Anselmo; Eleanor Anselmo; Dave and Linda Davelaar (collectively the "Anselmo Parties") advised through counsel that said insurance carriers objected to the proposed settlement. On April 13, 2010, counsel for the settling parties were advised as to these objections. After discussions between counsel there is mutual agreement to continue to pursue potential settlement, and counsel for the Anselmo Parties has agreed to attempt to resolve the concerns of the Anselmo Parties' insurance carriers. In order to do so, there was mutual recognition that additional time for the settlement process would be necessary and that the March 29 Order shall be accordingly revised as set forth below. NOW, THEREFORE, COUNSEL FOR THE PARTIES HEREBY STIPULATE AND AGREE, through their counsel of record, that: 1. The deadline to file documents disposing of this action presently set for April 14,

2010, shall be extended to April 28, 2010. 2. In the event the parties fail to completely dispose of this action by April 28, 2010,

the deadline for Goss-Jewett to complete discovery permitted by the Court's February 17, 2010 order, shall be extended to May 28, 2010. 3. Similarly, to further support its motions for summary judgment, Bayer's deadline

to file and serve amended memoranda and any supporting evidence, addressing the further discovery, shall be extended to no later than June 21, 2010, in response to which Goss-Jewett, {00008917.DOC-1 } -2-

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the Anselmo Parties, and Kotrous may file and serve amended oppositions no later than June 25, 2010. IT IS SO STIPULATED.

DATED:

04/15/10

SOMACH, SIMMONS & DUNN

By /S/ Michael Vergara Attorneys for James Kotrous, individually and doing business as The Mattress Factory DATED: 04/15/10 EDGCOMB LAW GROUP

By /S/ William D. Marsh Attorneys for Bayer CropScience Inc. DATED: 04/15/10 SCHARFF, BRADY & VINDING

By /S/ Jeffory J. Scharff Attorneys for Rosalie A. Anselmo, Karen Lilienthal, Albert Anselmo, Eleanor Anselmo, Dave Develaar and Linda Davelaar DATED: 04/15/10 GREVE, CLIFFORD, WENGEL & PARAS, LLP

By /S/ Gary L. Vinson Attorneys for Kleinfelder, Inc. DATED: 4/15/10 NOLEN OWENS

{00008917.DOC-1 }

By Rudy Nolen Attorneys for Ramage Environmental and Joseph Ramage -3-

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{00008917.DOC-1 }

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04/15/10

WILSON, ELSER, MOSKOWITZ, EDELMAN and DOCKER

By Emily M. Weissenberger Attorneys for RAH Environmental DATED: 04/15/10 BRYDON, HUGO & PARKER

By /S/ Roland Thé Attorneys for Goss-Jewett Company of Northern California, Inc., Michael Lamanet, and Steven Lamanet

IT IS SO ORDERED.

DATED: April 16, 2010

_______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE

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