SierraPine v. Refiner Products Manufacturing, Inc.

Filing 126

FINAL PRETRIAL ORDER signed by Judge Morrison C. England, Jr., on 5/4/12: Court Trial is SET for 10/1/2012 at 09:00 AM in Courtroom 7 (MCE) before Judge Morrison C. England, Jr.. (Attachments: # 1 Attachment A - Plaintiff's Witness List) (Kastilahn, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

SIERRAPINE, INC.,

12
13

No. 2:08-cv-02144-MCE-KJN

Plaintiff,
v.

FINAL PRETRIAL ORDER

14
15

TRIAL DATE: October 1, 2012
TIME: 9:00 a.m.

REFINER PRODUCTS MANUFACTURING,
Defendant.
______________________________/

16
17

Pursuant to Court Order, a Final Pretrial Conference was

18

held on May 3, 2012.

Shelley Addison, M. Max Steinheimer, and

19

Treven Tilbury appeared as counsel for Plaintiff.

20

and Lauren Kramer appeared as counsel for Defendant.

21

hearing, the Court makes the following findings and orders:

John Heller
After

22

I.

23

Jurisdiction is predicated upon 28 U.S.C. section 1332.

24

JURISDICTION/VENUE

Jurisdiction and venue are not contested.

25

II.

NON-JURY

26

A jury trial was not requested by any of the parties

27

pursuant to Rule 38(b) of the Federal Rules of Civil Procedure.

28

Accordingly, this matter will be tried by the Court.
1

1

III.

UNDISPUTED FACTUAL ISSUES

2

Undisputed facts that pertain to all claims

3

1.

In 2005, SierraPine purchased two used RGP 50-54

4

refiner systems from a paper mill in Millinocket, Maine.

5

refiner systems were to be installed at SierraPine’s Rocklin,

6

California plant in connection with the refining of wood products

7

for the manufacture of medium density fiberboard.

8
9

2.

The

The refiner system at issue in this case consists of

several components, which include, in rough order of process: a

10

surge bin, a plug screw feeder and throat assembly (which is

11

driven by a motor), a pre-heater or digester, a discharge screw,

12

a refiner infeed screw assembly, a refiner shaft assembly (also

13

known as a “drop in,” “RSA,” “rotating assembly” or quill

14

assembly), a hydraulic unit, a jack shaft, motor and couplings,

15

inertia block, segment holders, and a blow line which leads to a

16

dryer.

17

motor through the jack shaft to the refiner’s rotating disk,

18

which grinds wood product into fiber.

19

shaft attached to a rotor.

20

segments, are attached to plate holders, which are then attached

21

to the rotor and stator.

22

hydraulic components in its bearing pre-load assemblies that

23

maintain proper clearance between the bearing rollers and races.

24

3.

A RSA is a rotating assembly that transmits power from a

It consists of a rotating

Grinding plates, also known as

The RSA contains mechanical and

A plug screw feeder assembly transfers raw material

25

from an in-feed chute to the preheater (digester).

26

motor, the plug screw rotates inside a fixed throat, compressing

27

the material into a plug and moving it into the top of the

28

preheater (digester).
2

Driven by a

1

In the preheater (digester), the raw material is heated with

2

steam and then fed out the bottom of the preheater with the

3

discharge screw, into the refiner infeed screw, then into the

4

refiner housing between the rotating and static disks.

5

metal refiner plates attached to these disks grind the wood

6

product into fiber.

7

treated to make fiberboard.

8
9

4.

Large

The fiber is then dried and otherwise

In 2005, SierraPine commissioned RPM to rebuild two

used RGP 50-54 refiner shaft assemblies (RSA).

RPM provided a

10

guarantee that “[a]ll material and workmanship supplied by RPM

11

for the rebuild of this rotating element are guaranteed to be

12

free from defects and will operate to SierraPine’s satisfaction

13

for a minimum of one year from the date of installation.”

14

2006, SierraPine also ordered from RPM several screw and throat

15

assemblies.

During

Undisputed facts pertaining to claims regarding alleged
defects in RPM’s rebuild

16
17
18
19

5.

The amount charged by RPM to rebuild each of the “drop

in” shaft assemblies was approximately $45,000.

20

6.

The RGP 50-54 shaft assemblies were delivered and

21

installed in the RGP 50-54 refiners in SierraPine’s plant in

22

Rocklin, California.

23

March 2006 in the refiner known as the “No. 2 refiner.”

24

second was installed in June 2006 in the refiner known as the

25

“No. 1 refiner.”

26

///

27

///

28

///

The first such assembly was installed in

3

The

Undisputed facts pertaining to claims regarding alleged
defects in plug screws/throats

1
2
3
4

7.

The first set of RPM plug screws and throats was

delivered to SierraPine’s Rocklin plant in January 2006.

5

8.

During 2006, SierraPine advised RPM of premature wear

6

of the plug screws and throats, and RPM supplied replacement

7

screws and throats under warranty.

8

IV.

DISPUTED FACTUAL ISSUES

9

The remaining claims for trial are:

10

Disputed facts that pertain to all claims

11

1.

Whether SierraPine has established that it suffered any

12

compensable economic loss as the result of its alleged plant

13

downtime.
Disputed facts pertaining to claims regarding alleged
defects in RPM’s rebuild

14
15
16
17

2.

Whether SierraPine has established that there were any

defects in RPM’s rebuild services.

18

3.

Whether SierraPine has established that any vibration

19

or other problems it experienced were the result of defective

20

rebuild services by RPM.

21

4.

Whether SierraPine has established downtime,

22

consequential and out-of-pocket losses due to alleged defects in

23

RPM’s rebuild services.

24

5.

SierraPine attributes vibration that it experienced in

25

the refiners to the rebuild work performed by RPM.

26

that its rebuild work was defective, and that such work is the

27

source of any vibration problems.

28

///
4

RPM denies

1

6.

SierraPine attributes plant down time and out-of-pocket

2

losses to vibration that it contends is attributable to RPM’s

3

rebuild work.

4

economic loss, and disputes that its rebuild work caused any such

5

loss.

6

RPM denies that SierraPine has established such

Disputed facts pertaining to claims regarding alleged
defects in plug screws/throats.

7
8
9
10
11

7.

Whether SierraPine has established that there were any

defects in the plug screws and throats supplied by RPM or that
any issues were not resolved.
8.

Whether SierraPine has established that RPM was the

12

cause of any alleged problems associated with the plug screws and

13

throats.

14

9.

Whether SierraPine has established downtime,

15

consequential and out-of-pocket losses due to alleged defects in

16

RPM’s manufacture of plug screws and throats.

17

10.

SierraPine attributes plant down time and out-of-pocket

18

losses to alleged defects in the RPM plug screws and throats.

19

RPM maintains that its work was not defective,

20

SierraPine has established such economic loss, and disputes that

21

its work caused any such loss.

22
23

denies that

All issues of fact remaining in dispute are subject to proof
at the time of trial.

24

V.

25

Plaintiff anticipates calling the witnesses listed on

26
27
28

WITNESSES

Attachment “A”.
Defendant anticipates calling the witnesses listed on
Attachment “B”.
5

1

Each party may call a witness designated by the other.

2

A.

3

No other witnesses will be permitted to testify unless:
(1)

The party offering the witness demonstrates that

4

the witness is for the purpose of rebutting evidence which could

5

not be reasonably anticipated at the Final Pretrial Conference,

6

or

7

(2)

The witness was discovered after the Final

8

Pretrial Conference and the proffering party makes the showing

9

required in “B” below.

10

B.

Upon the post-pretrial discovery of witnesses, the

11

attorney shall promptly inform the Court and opposing parties of

12

the existence of the unlisted witnesses so that the Court may

13

consider at trial whether the witnesses shall be permitted to

14

testify.

15
16

(1)

(2)

(3)

If time permitted, counsel proffered the witnesses

for deposition;

21
22

The Court and opposing counsel were promptly

notified upon discovery of the witnesses;

19
20

The witnesses could not reasonably have been

discovered prior to pretrial;

17
18

The evidence will not be permitted unless:

(4)

If time did not permit, a reasonable summary of

the witnesses’ testimony was provided by opposing counsel.

23

VI.

24

At present, Plaintiff contemplates by way of exhibits those

25

EXHIBITS - SCHEDULES AND SUMMARIES

listed on Attachment “C”.

26

At present, Defendant contemplates by way of exhibits those

27

listed on Attachment “D”.

28

///
6

Plaintiff’s exhibits shall be listed numerically.

1
2

Defendant’s exhibits shall be listed alphabetically.

3

shall use the standard exhibit stickers provided by the Court

4

Clerk’s Office:

5

After three letters, note the number of letters in parenthesis

6

(i.e., “AAAA(4)” to reduce confusion during the trial.

7

multi-page exhibits shall be stapled or otherwise fastened

8

together and each page within the exhibit shall be numbered.

9

photographs shall be marked individually.

The parties

pink for Plaintiff and blue for Defendant.

All

All

The list of exhibits

10

shall not include excerpts of depositions which may be used to

11

impeach witnesses.

12

Each party may use an exhibit designated by the other.

In

13

the event that Plaintiff and Defendant offer the same exhibit

14

during trial, that exhibit shall be referred to by the

15

designation the exhibit is first identified.

16

the parties to pay attention to this detail so that all concerned

17

will not be confused by one exhibit being identified with both a

18

number and a letter.

19

A.

20

The Court cautions

unless:

21

No other exhibits will be permitted to be introduced

(1)

The party proffering the exhibit demonstrates that

22

the exhibit is for the purpose of rebutting evidence which could

23

not be reasonably anticipated at the Pretrial Scheduling

24

Conference, or

25

(2)

The exhibit was discovered after the Pretrial

26

Scheduling Conference and the proffering party makes the showing

27

required in paragraph “B”, below.

28

///
7

1

B.

Upon the post-pretrial discovery of exhibits, the

2

attorneys shall promptly inform the Court and opposing counsel of

3

the existence of such exhibits so that the Court may consider at

4

trial their admissibility.

5

unless the proffering party demonstrates:

6
7

(1)

The exhibits could not reasonably have been

discovered prior to pretrial;

8
9

The exhibits will not be received

(2)

The Court and counsel were promptly informed of

their existence;

10

(3)

Counsel forwarded a copy of the exhibit(s) (if

11

physically possible) to opposing counsel.

12

not be copied, the proffering counsel must show that he has made

13

the exhibit(s) reasonably available for inspection by opposing

14

counsel.

15

C.

If the exhibit(s) may

As to each exhibit, each party is ordered to exchange a

16

copy identical to the Court’s copy, or other reproduction of the

17

exhibit(s) in a three-ring binder(s) by September 17, 2012.

18

attorney or representative for each party is directed to present

19

the original and two (2) copies of the exhibit(s) and exhibit

20

list to the Court Clerk’s Office, no later than 3:00 p.m.,

21

September 17, 2012, or at such earlier time as may be ordered by

22

the Court.

23

D.

The

NO EXCEPTIONS.
The Court shall be presented with a copy of the

24

exhibit(s) in a 3-ring binder(s) with a side tab identifying each

25

exhibit by number or letter.

26

three inches in width and have an identification label on the

27

front and side panel.

28

///

Each binder shall be no larger than

8

1

VII.

2

DISCOVERY DOCUMENTS

A.

Filing Depositions.

It is the duty of counsel to

3

ensure that any deposition which is to be used at trial has been

4

lodged with the Clerk of the Court.

5

copies of the transcripts must be delivered to the Court Clerk’s

6

Office.

7

duty may result in the Court precluding use of the deposition or

8

imposition of such other sanctions as the Court deems

9

appropriate.

10

B.

In addition, two unmarked

Counsel are cautioned that a failure to discharge this

Use of Depositions.

The parties are ordered to file

11

with the Court and exchange between themselves by September 17,

12

2012 a statement designating portions of depositions intended to

13

be offered or read into evidence (except for portions to be used

14

only for impeachment or rebuttal).

15

C.

Interrogatories.

The parties are ordered to file with

16

the Court and exchange between themselves by September 17, 2012

17

the portions of Answers to Interrogatories which the respective

18

parties intend to offer or read into evidence at the trial

19

(except portions to be used only for impeachment or rebuttal).

20

VIII.

FURTHER DISCOVERY OR MOTIONS

21

Pursuant to the Court’s Pretrial Scheduling Order, all

22

discovery and law and motion was to have been conducted so as to

23

be completed as of the date of the Final Pretrial Conference.

24

That Order is confirmed.

25

informal agreements regarding discovery and law and motion

26

matters.

27

this Court.

28

///

The parties are free to engage in

However, any such agreements will not be enforceable in

9

1

IX.

AUDIO/VISUAL EQUIPMENT

2

The parties are required to file electronically a joint

3

request to the Courtroom Deputy Clerk, Stephanie Deutsch, by

4

September 10, 2012 if they wish to reserve and arrange for

5

orientation with all parties on the Court’s mobile audio/visual

6

equipment for presentation of evidence.

7

and time for such orientation.

There will be one date

8

X. DATE AND LENGTH OF TRIAL

9

A court trial is scheduled for October 1, 2012 and will last

10

a total of nine (9) days as explained at the final pretrial

11

conference.

12

Deputy, at [phone], by September 17, 2012 to confirm the

13

dates for trial.

Counsel are to call Stephanie Deutsch, Courtroom

14

XI.

15

Each party is granted five (5) court days from the date of

16

this Final Pretrial Order to object to any part of the order or

17

to request augmentation to it.

18

modified only upon a showing of manifest injustice.

19

objection or modifications are made, this Order will become final

20

without further order of the Court and shall control the

21

subsequent course of the action, pursuant to Rule 16(e) of the

22

Federal Rules of Civil Procedure.

23
24

OBJECTIONS TO PRETRIAL ORDER

A Final Pretrial Order will be
If no

IT IS SO ORDERED.
Dated: May 4, 2012

25
26
27

_____________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

28
10