Mercury Casualty Company et al v. Char-Broil

Filing 28

STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 07/14/10. Designation of Expert Witnesses due by 1/11/2011. Discovery due by 11/11/2010. Dispositive Motions filed by 2/7/2011, Bench Trial re-set for 6/13/2011 at 09:00 AM in Courtroom 7 (MCE) before Judge Morrison C. England Jr. Final Pretrial Conference re-set for 4/14/2011 at 09:00 AM in Courtroom 7 (MCE) before Judge Morrison C. England Jr.(Williams, D)

Mercury Casualty Company et al v. Char-Broil

Doc. 28

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Timothy E. Cary, Esq., SBN 093608 Law Offices of Robert A. Stutman, P.C. 500 N. State College, Suite 1100 Orange, California 92868 Telephone: [phone] Facsimile: [phone] Our File Number: 1280.016 Attorneys for Plaintiff, MERCURY CASUALTY COMPANY As Subrogee of RICHARD and KATHRYN SCHLENKER; RICHARD and KATHRYN SCHLENKER UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA MERCURY CASUALTY COMPANY, Case No. 2:08-cv-01374-MCE-KJM a California Corporation, as Subrogee of RICHARD and KATHRYN SCHLENKER; RICHARD SCHLENKER, individually; and Assigned to the Honorable Morrison C. KATHRYN SCHLENKER, individually, England, Jr. Plaintiffs, vs. CHAR-BROIL, a Division of W.C. BRADLEY COMPANY, a Georgia Corporation; TARGET CORPORATION, a Minnesota Corporation; and DOES 1-100, inclusive, Defendants. IT IS HEREBY STIPULATED by and between the undersigned parties, by and through their counsel of record, as follows: The parties agree and request that this Honorable Court modify its Second Pretrial Scheduling Order based on good cause for the following reasons: STIPULATION RE REQUEST FOR MODIFICATION OF SECOND PRETRIAL SCHEDULING ORDER PURSUANT TO Fed. R. Civ. P. 16; LOCAL RULE 16-270; ORDER

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STIPULATION RE REQUEST FOR MODIFICATION OF SECOND PRETRIAL SCHEDULING ORDER PURSUANT TO Fed. R. Civ. P. 16; LOCAL RULE 16-270; [PROPOSED] ORDER

Dockets.Justia.com

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This is a product liability case in which it is alleged that a component

part manufactured by Third Party Defendant, S. H. Leggitt Company d/b/a Marshall Gas Controls ("Leggitt") and incorporated into a product manufactured by Defendant Char Broil caused or contributed to Plaintiff's damage. 2. On or about February 19, 2010 Leggitt filed a Notice of Filing of Bankruptcy under Chapter 11 of the Bankruptcy Code with resulting automatic stay of all proceedings against it. 3. The Automatic Stay provisions of the Bankruptcy Code stay the proceedings in this matter as to Leggitt. By virtue of the Bankruptcy Stay, the parties are enjoined from engaging in any discovery against Leggitt. 4. Counsel for Char Broil has engaged in dialogue with bankruptcy counsel for Leggitt, and with Plaintiffs' counsel, and it has been collectively agreed that a continuance of certain dates in the Pretrial Scheduling Order for up to 150 days will be potentially sufficient for the Chapter 11 process to be concluded and for some discovery to take place. Additionally the Parties request that the dates in the Pretrial Scheduling Order be amended to allow for the third party Leggitt to participate in discovery after it has been reorganized in bankruptcy and the stay is lifted. 5. Plaintiff and Defendant have agreed to participate in private mediation in Southern California within the next 60 days. In coordination with the bankruptcy trustee, Leggitt will be invited to attend this mediation with a view to resolving the entire case. Accordingly, the parties agree and request that this Honorable Court modify its Second Pretrial Scheduling Order as follows: That the fact discovery deadline shall be extended 150 days 11/11/10 That the Expert witness disclosure date shall be extended 150 days to 1/11/11 That the motion hearing deadline shall be continued to 2/7/11 That the Court continue the Final Pretrial Conference for 60 days. That the Court continue the trial setting for 60 days.

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STIPULATION RE REQUEST FOR MODIFICATION OF SECOND PRETRIAL SCHEDULING ORDER PURSUANT TO Fed. R. Civ. P. 16; LOCAL RULE 16-270; [PROPOSED] ORDER

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6. The parties agree that this modification will best serve the parties' interests in light of the Leggitt bankruptcy as well as the need to conserve resources and explore the possibilities of a resolution while keeping the case on track to trial. IT IS SO STIPULATED: Dated: July 13, 2010 PAGE, SCRANTOM, SPROUSE, TUCKER & FORD, P.C.

By: /S/ James C. Clark, Jr. James C. Clark, Jr. Kirsten C. Stevenson Attorneys for Defendants W.C. BRADLEY CO. and TARGET CORPORATION

Dated: July 13, 2010

LAW OFFICES OF ROBERT A. STUTMAN, P.C.

By: /S/ Timothy E. Cary Timothy E. Cary, Esq. Attorneys for Plaintiffs, MERCURY CASUALTY COMPANY as Subrogee of RICHRD AND KATHRYN SCHLENKER; and RICHARD and KATHRYN SCHLENKER, Individually

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STIPULATION RE REQUEST FOR MODIFICATION OF SECOND PRETRIAL SCHEDULING ORDER PURSUANT TO Fed. R. Civ. P. 16; LOCAL RULE 16-270; [PROPOSED] ORDER

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ORDER GOOD CAUSE APPEARING, the Second Pretrial Conference Scheduling Order will be modified to reflect the foregoing stipulation of the parties. A revised Pretrial Scheduling Order will be forthcoming from the Court. Dated: July 14, 2010
__________________________________ MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE

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STIPULATION RE REQUEST FOR MODIFICATION OF SECOND PRETRIAL SCHEDULING ORDER PURSUANT TO Fed. R. Civ. P. 16; LOCAL RULE 16-270; [PROPOSED] ORDER