County of Sacramento v. Turbomeca, S.A. et al

Filing 54

STIPULATION and ORDER signed by Judge William B. Shubb on 11/10/09 ORDERING that Initial Conference of parties shall occur no later than 3/12/10; Initial Disclosures shall occur no later than 4/9/10; Status (Initial Scheduling) Conference is rescheduled and set for 4/19/2010 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. (Owen, K)

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Ronald A. McIntire, Bar No. 127407 PERKINS COIE LLP 1888 Century Park E., Suite 1700 Los Angeles, CA 90067-1721 Telephone: [phone] Facsimile: 310.788.3399 Keith Gerrard (admitted pro hac vice) Richard Coyle (admitted pro hac vice) Brendan Murphy (admitted pro hac vice) PERKINS COIE LLP 1201 Third Avenue, Suite 4800 Seattle, WA 98101-3099 Telephone: [phone] Facsimile: 206.359.9000 Attorneys for Defendants Turbomeca S.A. and Turbomeca USA, Inc. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA COUNTY OF SACRAMENTO, Plaintiff, v. TURBOMECA S.A., a French Corporation; LA SOCIETE ANONYME TURBOMECA FRANCE, a French Corporation; TURBOMECA USA, a Texas Corporation; TURBOMECA ENGINE CORPORATION, a Texas Corporation, Defendants. Case No. 2:07:CV-1398 WBS DAD STIPULATION AND ORDER REGARDING EXTENSION OF TIME FOR RULE 26(F) CONFERENCE, TO SERVE INITIAL DISCLOSURES, AND TO CONTINUE INITIAL (PRETRIAL SCHEDULING) CONFERENCE

Plaintiff County of Sacramento and Defendants Turbomeca S.A. (f/k/a La Societe Anonyme Turbomeca France) and Turbomeca USA, Inc. (f/k/a Turbomeca Engine Corporation) hereby stipulate and seek an order of the Court extending certain deadlines in the above-entitled matter, and state as follows: This case arises from the crash of a Sacramento County Sheriff's Department helicopter on July 13, 2005, which resulted in the deaths of two Sheriff's deputies, injuries to a third deputy, and the loss of the helicopter. The County of Sacramento commenced this action on July 13, 2007, and its insurer, Old Republic Insurance Company, commenced a separate action numbered STIPULATION AND ORDER REGARDING EXTENSION OF TIME

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2:08-cv-01376-WBS-DAD on June 18, 2008. The two cases were consolidated until recently. The damages sought by the County and Old Republic include property loss, reimbursement of insurance payments for the helicopter, reimbursement of workers' compensation payments made to, or on behalf of, the occupants of the helicopter, and loss of use. The helicopter occupants and their families commenced a separate personal injury action against Turbomeca S.A. and Turbomeca USA, but the parties to that action reached a settlement and the case has been dismissed.1 On August 7, 2008, the Court ordered the County's and Old Republic's actions consolidated under master case number 07-CV-01398-WBS-DAD. The court also adopted the scheduling order from the Old Republic action, which set a status conference for December 1, 2008, at 2:00 p.m. On November 17, 2008, the Court continued this conference to April 6, 2009. (Docket No. 43.) On March 19, 2009, the Court continued this conference to September 8, 2009. (Docket No. 47.) On July 17, 2009, the court continued this conference to December 14, 2009. (Docket No. 50.) The defendants have filed their answers and the parties have been working diligently to resolve the case informally and without burden on the Court. Counsel for Old Republic and Turbomeca met in person in June 2009 and settled the claims brought by Old Republic. (Notice of Settlement, Docket No. 48.) The Old Republic case has been severed and dismissed. (Docket No. 52.) Counsel for Turbomeca and the County have met in person to discuss resolution of the case and have scheduled informal meetings with each other's witnesses for the purpose of advancing settlement discussions. These meetings are currently scheduled to occur in November 2009. The parties intend to have follow-up meetings among counsel to discuss settlement in late 2009 or early 2010. The parties have also been in the process of informally exchanging documents and information and have exchanged and are reviewing numerous documents. The

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Eric Henrikson, et al. v. Turbomeca, S.A., et al., Case No. 2:06-cv-01563-WBS-DAD (filed July 13, 2006, terminated June 26, 2008).

STIPULATION AND ORDER REGARDING EXTENSION OF TIME

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parties mutually desire to avoid unnecessary litigation and expense, and to facilitate an early and cost-effective resolution of these consolidated cases. The parties respectfully submit, by this Stipulation, their joint request that all currently scheduled matters in this action be continued for a period of four months, so that the parties can continue the informal exchange of information and documents and work toward an informal resolution of the cases without incurring unnecessary expenses and without imposing any unnecessary burdens on the Court. Accordingly, the parties hereby STIPULATE AND AGREE to submit their joint request that the Court order as follows: 1) That the deadline for completion of the Rule 26(f) conference of the parties is

extended to March 12, 2010; 2) 2010; and 3) That the initial scheduling conference currently set for December 14, 2009 is That the deadline for the exchange of initial disclosures is extended to April 9,

continued to a date no earlier than April 19, 2010. DATED: _November 10________, 2009 PERKINS COIE LLP By: /s/Brendan Murphy Brendan Murphy

Attorneys for Defendants Turbomeca S.A. and Turbomeca USA, Inc. DATED: _November 10________, 2009 LENAHAN, LEE SLATER & PEARSE, LLP By: /s/Kathleen Staker per email approval Charleton S. Pearse Kathleen Staker

Attorneys for Plaintiff County of Sacramento

STIPULATION AND ORDER REGARDING EXTENSION OF TIME

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND ORDER REGARDING EXTENSION OF TIME IT IS HEREBY ORDERED THAT: (1)

ORDER

The Initial Conference of the Parties pursuant to Federal Rule of Civil

Procedure 26(f) shall occur no later than March 12, 2010; (2) The Initial Disclosures of the parties pursuant to Federal Rule of Civil

Procedure 26(a)(1) shall occur no later than April 9, 2010; and (3) The Status (Initial Scheduling) Conference currently scheduled for December 14,

2009 is vacated and rescheduled for April 19, 2010, at 2:00 p.m. DATED: November 10, 2009

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