Regents of the University of California v. Bernzomatic, et al.,

Filing 60

STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr on 5/5/11 ORDERING all discovery completed by 10/25/11; designation of expert witnesses due no later than 11/9/11; expert discovery completed by 12/30/11; dispositive motions heard no later than 2/10/12; Final Pretrial Conference set for 4/13/2012 at 01:30 PM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr..; and Jury Trial set for 6/12/2012 at 09:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (Carlos, K)

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RICHARD A. ERGO (# 110487)
CATHLEEN S. HUANG (# 219554)
WILLIAM T. NAGLE (# 180162)
BOWLES & VERNA LLP
2121 N. California Boulevard, Suite 875
Walnut Creek, California 94596
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendants
WORTHINGTON INDUSTRIES, INC., WORTHINGTON
10 CYLINDERS WISCONSIN, LLC and WORTHINGTON
CYLINDER CORPORATION
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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REGENTS OF THE UNIVERSITY OF
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Plaintiff,

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v.

Case No.: 2:10-CV-01224-FCD-GGH
AMENDED STIPULATION AND
ORDER TO EXTEND DEADLINES OF
STATUS (PRETRIAL SCHEDULING)
ORDER

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BERNZOMATIC, an Unincorporated
21 Division of IRWIN INDUSTRIAL TOOL
COMPANY, IRWIN INDUSTRIAL TOOL
22 COMPANY, NEWELL RUBBERMAID,
23 INC., and W.W. GRAINGER, INC., and
DOES 1 through 200, inclusive,
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Defendants.

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Bowles & Verna LLP
2121 N. California Blvd.
Suite 875
Walnut Creek 94596

2:10-CV-01224-FCD-GGH
1
AMENDED STIPULATION AND ORDER TO EXTEND DEADLINES OF STATUS
(PRETRIAL SCHEDULING) ORDER

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RECITALS
On December 7, 2010, this Court granted Plaintiff’s motion to amend to add new
defendants. Pursuant to that order, on March 4, 2011 Plaintiff served Worthington
Industries, Inc. (“WII”), Worthington Cylinder Corporation (“WCC”) and Worthington
Cylinders Wisconsin, LLC (“WCW”), collectively referred to as “Worthington.” On
April 21, 2011, Worthington filed its answer to the first amended complaint.
In the interim, Plaintiff settled with the original defendants who have been
dismissed with prejudice.
Because Worthington has just appeared in this case and because the discovery
cutoff expired on April 25, 2011, Plaintiffs and Worthington, with the Court’s consent,
stipulate to extending discovery and all other deadlines by 180 days.
Now, therefore, Plaintiff and Worthington, by and through their respective counsel
of record, stipulate and agree as follows:

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STIPULATION
IT IS HEREBY STIPULATED by all parties, and by and between their respective
attorneys of record that:
1.

All discovery shall be completed by October 25, 2011, within Section IV of

this Court’s Status (Pretrial Scheduling) Order filed July 20, 2010 (“Status Order”).
2.

The designation of expert witnesses set forth in Section V of this Court’s

Status Order shall occur no later than November 9, 2011.
3.

The submission of a supplemental list of expert witnesses set forth in

Section V of this Court’s Status Order shall occur no later than November 30, 2011.
4.

All expert discovery under Section V of this Court’s Status Order shall be

completed by December 30, 2011.
5.

All dispositive motions, except motions for continuances, temporary

restraining orders or other emergency applications, as set forth in Section VI of the
Court’s Status Order shall be heard no later than February 10, 2012.

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Bowles & Verna LLP
2121 N. California Blvd.
Suite 875
Walnut Creek 94596

2:10-CV-01224-FCD-GGH
2
AMENDED STIPULATION AND ORDER TO EXTEND DEADLINES OF STATUS
(PRETRIAL SCHEDULING) ORDER

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6.

The Final Pretrial Conference is set for April 13, 2012, at 1:30 p.m., and

shall be conducted as set forth in Section VII of the Court’s Status Order.
7.

The trial is set for June 12, 2012, at 9:00 a.m. as set forth in Section VIII of

the Court’s Status Order.

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Dated: May 5, 2011

BOWLES & VERNA LLP

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By:

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Dated: May 5, 2011

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______/s Richard A. Ergo___________
RICHARD A. ERGO
CATHLEEN S. HUANG
WILLIAM T. NAGLE
Attorneys for Defendants
WORTHINGTON INDUSTRIES,
INC., WORTHINGTON CYLINDERS
WISCONSIN, LLC and
WORTHINGTON CYLINDER
CORPORATION

HOWARD ROME MARTIN & RIDLEY
LLP

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By:

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_______/s/ Brian A. Fiorino_________
HENRY D. ROME
SHAWN M. RIDLEY
BRIAN A. FIORIINO
Attorneys for Plaintiff
THE REGENTS OF THE
UNIVERSITY OF CALIFORNIA

IT IS SO ORDERED.

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Dated: May 5, 2011

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FRANK C. DAMRELL, JR.
UNITED STATES DISTRICT JUDGE

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Bowles & Verna LLP
2121 N. California Blvd.
Suite 875
Walnut Creek 94596

2:10-CV-01224-FCD-GGH
3
AMENDED STIPULATION AND ORDER TO EXTEND DEADLINES OF STATUS
(PRETRIAL SCHEDULING) ORDER