County of Sacramento v. Calabrian Corporation

Filing 24

STIPULATION and ORDER signed by Judge Morrison C. England, Jr. on 05/12/10 ORDERING that the Settlement Conference is CONTINUED to 08/26/10 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. Confidential settlement conference s tatements are due by 08/19/10. The pre-trial discovery cut-off date and other related pre-trial dates are hereby continued. Since the modification of the discovery dates in this case necessarily requires modification of all scheduling dates, the Court will issue an Amended Pretrial Scheduling Order w/i 10 days of the date this Order being filed (cc: DAD). (Benson, A.)

1 Lane E. Webb (State Bar No. 144671) Wyeth E. Burrows (State Bar No. 203851) 2 Ranjan A. Lahiri (State Bar No. 232531) WOOD, SMITH, HENNING & BERMAN LLP 3 501 West Broadway, Suite 1050 San Diego, California 92101 4 Phone: [phone] Fax: [phone] E-mail: [e-mail] 5 [e-mail] [e-mail] 6 Attorneys for Defendant CALABRIAN CORPORATION, 7 a Delaware Corporation (erroneously sued and served as CALABRIAN CORPORATION, an Illinois Corporation) 8 9 10
WOOD, SMITH, HENNING & BERMAN LLP

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA - SACRAMENTO DIVISION CASE NO. 2:09-CV00344-MCE-EFB STIPULATION AND ORDER TO CONTINUE DATE FOR SETTLEMENT CONFERENCE AND TO CONTINUE DISCOVERY, EXPERT DISCOVERY CUT-OFF, AND MOTION CUT-OFF DATES
Complaint Filed: 12/30/08 [Assigned to Magistrate Judge Edmund F Brennan]

Attorneys at Law 501 WEST BROADWAY, SUITE 1050 SAN DIEGO, CALIFORNIA 92101 TELEPHONE [phone] FAX [phone]

11 COUNTY OF SACRAMENTO, as a member of and on behalf of 12 SACRAMENTO REGIONAL COUNTY SANITATION DISTRICT, 13 Plaintiff, 14 v. 15 CALABRIAN CORPORATION, an Illinois 16 corporation, and DOES 1-100, 17 18 19 20 Defendants.

Discovery Cutoff: Motion Cutoff: Trial Date:

6/4/10 10/7/10 4/2/12

Pursuant to United States District Court, Eastern District of California, Local Rule

21 143, the undersigned parties, by and through their counsel of record, hereby stipulate as 22 follows: 23 1. A settlement conference has been scheduled in this matter before Judge

24 Dale A. Drozd on June 10, 2010 at 10:00 a.m. 25 2. The parties wish to and hereby agree to continue the settlement conference

26 for at least sixty (60) days. 27 3. Good cause exists to continue the settlement conference. Counsel for

28 Calabrian Corporation, Wyeth E. Burrows, has a pre-paid family vacation to attend a

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1 family wedding which starts on June 10, 2010. Counsel for Calabrian attempted to send 2 another attorney from its office, who would be familiar with the facts of this case and 3 prepared to participate in the settlement conference. However, the insurance carrier for 4 Calabrian has specifically requested Mr. Burrows attend the settlement conference since 5 he is the individual who is most knowledgeable of the facts of this case. 6 4. The parties are also in the process of scheduling a private mediation in this

7 case in San Diego in June or July, 2010. Counsel for both parties are located in San 8 Diego and the parties have engaged in some preliminary settlement discussions. The 9 parties agree that they would like to exhaust voluntary mediation efforts prior to flying to 10 Sacramento to conduct a settlement conference before the court. 11
WOOD, SMITH, HENNING & BERMAN LLP
Attorneys at Law 501 WEST BROADWAY, SUITE 1050 SAN DIEGO, CALIFORNIA 92101 TELEPHONE [phone] FAX [phone]

5.

Accordingly, the parties hereby stipulate and agree to continue the

12 settlement conference and respectfully request that the court continue the settlement 13 conference sixty (60) days or until a date thereafter that is convenient for the court. 14 6. Furthermore, the court has set the discovery cut-off in this case for June 4,

15 2010, the expert disclosure deadline for August 4, 2010, the supplemental expert 16 disclosure deadline for August 24, 2010, and the deadline to file motions in this case for 17 October 7, 2010. In light of the fact that the parties are pursuing voluntary mediation in 18 this case, and the fact that the trial date in this case has already been continued to April 19 2, 2012, the parties further agree that the discovery and motion cut-off dates should be 20 continued for a period of at least six (6) months to allow the parties to complete mediation 21 prior to engaging in further depositions, written discovery, and/or the designation of 22 experts. 23 24 DATED: May 11, 2010 25 26 27 28 By: /s/ LANE E. WEBB WYETH E. BURROWS RANJAN A. LAHIRI WOOD, SMITH, HENNING & BERMAN LLP

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1 2 3 4 DATED: May 11, 2010 5 6 7 8 9 10 11
WOOD, SMITH, HENNING & BERMAN LLP
Attorneys at Law 501 WEST BROADWAY, SUITE 1050 SAN DIEGO, CALIFORNIA 92101 TELEPHONE [phone] FAX [phone]

Attorneys for Defendant CALABRIAN CORPORATION, a Delaware Corporation (erroneously sued and served as CALABRIAN CORPORATION, an Illinois Corporation) COZEN O'CONNOR

By: /s/ GERARD P. HARNEY Attorneys for Plaintiff COUNTY OF SACRAMENTO, as a member of and on behalf of SACRAMENTO REGIONAL COUNTY SANITATION DISTRICT ORDER Having read the foregoing stipulation and, good cause appearing, IT IS HEREBY

12 ORDERED that the settlement conference in this matter is hereby continued to 13 August 26, 2010 at 10:00 a.m. The parties are ordered to submit confidential settlement 14 conference statements not later than August 19, 2010. 15 IT IS FURTHER ORDERED that the pre-trial discovery cut-off date and other

16 related pre-trial dates are hereby continued. Since the modification of the discovery 17 dates in this case necessarily requires modification of all scheduling dates, the Court will 18 issue an Amended Pretrial Scheduling Order within ten (10) days of the date this Order is 19 electronically filed. 20 21 DATED: May 12, 2010 22 23 24 25 26 27 28 __________________________________ MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE

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