Calpine Operating Services Co., Inc. v Electrical Maintenence Consultants, Inc.

Filing 25

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 8/9/10 ORDERING that the Court GRANTS a 30-day extension of time from 9/22/10 to 10/22/10 to complete discovery. (Zignago, K.)

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SEYFARTH SHAW LLP Michael T. McKeeman (SBN 173662) [e-mail] Robin M. Cleary (SBN 192489) [e-mail] 560 Mission Street, Suite 3100 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs CALPINE OPERATING SERVICES COMPANY, INC. and CALPINE GILROY COGEN, LP OSMAN & ASSOCIATES Richard L. Scott [e-mail] 1980 Orange Tree Lane, Suite 106 Redlands, California 92374 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant ELECTRICAL MAINTENANCE CONSULTANTS, INC. MURCHISON & CUMMING, LLP Richard C. Moreno [e-mail] Lisa D. Angelo [e-mail] 801 South Grand Avenue, 9th Floor Los Angeles, California 90017 Telephone: [phone] Facsimile: [phone] Attorneys for Third Party Defendant E & M ELECTRIC & MACHINERY UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA CALPINE OPERATING SERVICES COMPANY, INC., a Delaware Corporation; CALPINE GILROY COGEN, LP, a Delaware Corporation, v. Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) ___) ) ) No. 2:09-CV-01495 GEB (DAD) STIPULATION AND [PROPOSED] ORDER TO CONTINUE DISCOVERY DEADLINE

ELECTRICAL MAINTENANCE CONSULTANTS, INC., a California Corporation, and DOES 1 through 100, inclusive, Defendants. And Third Party Claims

Stipulation and [Proposed] Order to Continue Discovery Deadline / Case No. 2:09-CV-01495 GEB (DAD)

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Plaintiffs Calpine Operating Services Company, Inc. and Calpine Gilroy Cogen, LP (collectively, "Calpine"), defendant and third-party plaintiff Electrical Maintenance and Consultants, Inc. ("EMC") and third-party defendant E&M Electric and Machinery, Inc. ("E&M"), by and through their respective attorneys of record, hereby stipulate and agree to the following: 1. Pursuant to the Court's August 18, 2009, Pre-Trial Scheduling Order, the

discovery deadline in this action is September 22, 2010. 2. 3. Trial is currently scheduled for April 19, 2011. The parties informally mediated this case with Michael Ornstil of JAMS on July

7, 2010. The case did not settle but the parties are still engaged in ongoing settlement discussions. 4. In light of the July 7, 2010 mediation, the parties conducted limited discovery in

order to reduce any potentially unnecessary attorneys' fees and costs. 5. The parties have endeavored to complete discovery by the September 22, 2010

deadline, but the scheduling of depositions has been challenging due to the witnesses and counsels' limited availability, including: (1) paternity leave for Calpine's lead trial counsel from July 26 - August 18, 2010; (2) limited availability of EMC's lead trial counsel due to: a 6-week trial from April 5 to May 14, a three-week vacation from May 17 - June 4, 2 trials in September and a two-week vacation in September; and (3) limited availability for numerous Calpine witnesses who are required to travel from out-of-state to be present for deposition. 6. Based on the foregoing, the parties stipulate and request a 30-day continuance of

the discovery deadline. 7. This brief continuance of the discovery deadline will not affect any other dates,

including the November 22, 2010 motion hearing deadline; the January 24, 2011 pre-trial conference; or the April 19, 2011 trial date. 8. This is the first continuance to the discovery deadline sought by the parties. The

parties have stipulated, and the Court has granted, one extension to a continuance of the exchange of expert reports. The parties disclosed experts pursuant to the Court's Pre-Trial 2
Stipulation and [Proposed] Order to Continue Discovery Deadline / Case No. 2:09-CV-01495 GEB (DAD))

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Scheduling Order but the parties stipulated to a continuance of the exchange of expert reports in light of the July 7, 2010 mediation. No other extensions of time have been sought. 8. Based on the foregoing, the parties stipulate and respectfully request that the

Court grant a 30-day extension of time from September 22, 2010 to October 22, 2010 for the parties to complete discovery. DATED: August 5, 2010 SEYFARTH SHAW LLP /s/ Robin M. Cleary Michael T. McKeeman Robin M. Cleary Attorneys for Plaintiffs CALPINE OPERATING SERVICES COMPANY, INC. and CALPINE GILROY COGEN, LP DATED: August 5, 2010 OSMAN & ASSOCIATES By: /s/ Richard L. Scott Richard L. Scott Attorneys for Defendant ELECTRICAL MAINTENANCE CONSULTANTS, INC. DATED: August 5, 20100 MURCHISON & CUMMING, LLP By: /s/ Richard C. Moreno Richard C. Moreno Lisa D. Angelo Attorneys for Third Party Defendant E & M ELECTRIC & MACHINERY PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: 8/9/10
GARLAND E. BURRELL, JR. United States District Judge

By:

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Stipulation and [Proposed] Order to Continue Discovery Deadline / Case No. 2:09-CV-01495 GEB (DAD))