Albrecht v. Bridgestone Americas Inc. et al

Filing 20

STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 7/18/11 ORDERING that the parties shall complete Initial Disclosures by 9/9/2011. (Mena-Sanchez, L)

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Arnold D. Larson, Esq., CSB No. 77118
[e-mail]
Mary P. Lightfoot, Esq., CSB No. 137477
[e-mail]
LARSON, GARRICK & LIGHTFOOT, LLP
633 W. Fifth Street, Suite 1750
Los Angeles, California 90071
Tel.: [phone] - Fax: [phone]
Attorneys For Defendants BRIDGESTONE
AMERICAS, INC.; BRIDGESTONE AMERICAS
TIRE OPERATIONS, LLC; and BRIDGESTONE
RETAIL OPERATIONS, LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THOMAS ALBRECHT,

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CASE NO.: 2:10-CV-03236-GGH
[Hon. Gregory G. Hollows]

Plaintiff,

(Removed from Solano County Superior
Court, Case No. FCS 036269; The Hon.
Ramona J. Garrett, presiding, Dept 09)

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v.

BRIDGESTONE AMERICAS, INC.,
STIPULATION AND ORDER TO
BRIDGESTONE AMERICAS TIRE
CONTINUE DUE DATE FOR
OPERATIONS, LLC,
INITIAL DISCLOSURES
BRIDGESTONE RETAIL
OPERATIONS, LLC, BFS RETAIL &
COMMERCIAL OPERATIONS, LLC,
FIRESTONE TIRE CO., FIRESTONE
RUBBER, FIRESTONE TIRE &
SERVICE CENTERS, and DOES 1 to
20, Inclusive,
Defendants.

Complaint Filed:

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July 23, 2010

Trial Date:

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None

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WHEREAS, on April 26, 2011, the Court issued a Pretrial Scheduling Order.

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LARSON, GARRICK
& LIGHTFOOT, LLP

WHEREAS, said Order noted that “there has been some problem with obtaining
initial disclosures from Defendant(s) because they are unaware of the specific tire at
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STIPULATION & PROPOSED ORDER TO CONT. DATE FOR PARTIES’ INITIAL DISCLOSURES

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issue.”
WHEREAS, said Order further noted that “plaintiff agreed to forthwith provide

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the tire shreds [ . . . ] for investigation and testing” so that defendant could move

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forward expeditiously with their disclosures.

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WHEREAS, in light of the foregoing, the court consequently ordered the parties

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to complete Initial Disclosures “within 60 days of the filed date of this order,” or more

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specifically, by June 24, 2011.

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WHEREAS, the parties encountered delay in the shipment of the subject tire’s

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tread remnant and the alleged companion tire, and Defendants did not receive the

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physical evidence until June 7, 2011, forty-two (42) days after the court’s Order was

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issued.

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WHEREAS, Defendants have not yet completed their inspection of the physical
evidence.

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WHEREAS, the parties and their counsel have agreed to a continuance to
September 9, 2011 to complete their Initial Disclosures.

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IT IS HEREBY STIPULATED as follows:
1. That the due date for the parties to complete their Initial Disclosures be
extended to September 9, 2011.

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IT IS FURTHER STIPULATED between the parties hereto, that this

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Stipulation may be signed in counterparts and that photocopy(ies) or facsimile(s)

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of this Stipulation may be submitted to the Court for filing as though and in lieu

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of the original of same containing original signatures.

LARSON, GARRICK
& LIGHTFOOT, LLP

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STIPULATION & PROPOSED ORDER TO CONT. DATE FOR PARTIES’ INITIAL DISCLOSURES

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IT IS SO AGREED AND STIPULATED:

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DATED: July 18, 2011

LAW OFFICES OF NICK A. HANEY

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By: _________________________________
R. NICHOLAS HANEY
Attorney for Plaintiff THOMAS ALBRECHT

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DATED: July 18, 2011

LARSON, GARRICK & LIGHTFOOT, LLP

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By: _________________________________
MARY P. LIGHTFOOT
Attorney for Defendants
BRIDGESTONE AMERICAS, INC.;
BRIDGESTONE AMERICAS TIRE
OPERATIONS, LLC; and BRIDGESTONE
RETAIL OPERATIONS, LLC

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Good cause having been shown, IT IS HEREBY ORDERED that the parties
shall complete their Initial Disclosures by September 9, 2011.

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Dated: July 18, 2011
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By: _/s/ Gregory G. Hollows

Hon. Gregory G. Hollows

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LARSON, GARRICK
& LIGHTFOOT, LLP

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STIPULATION & PROPOSED ORDER TO CONT. DATE FOR PARTIES’ INITIAL DISCLOSURES

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PROOF OF SERVICE

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STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

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I am employed in the County of Los Angeles, State of California. I am over the age of
eighteen and not a party to the within action; my business address is: 801 South Figueroa
Street, Suite 1750, Los Angeles, California 90017.
On the date specified herein below, I served the foregoing document, described herein,
on all interested parties in this action by placing a true copy thereof enclosed in sealed
envelope(s), Los Angeles, California, addressed as follows:

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[Please see attached Service List]

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Date of Service:

July 15, 2011

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Document Served:

STIPULATION TO CONTINUE DUE DATE FOR INITIAL
DISCLOSURES

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REGULAR MAIL: I placed the envelope for collection and mailing, following our
ordinary business practices. The envelope or package was placed in the mail at Los
Angeles, California. I am readily familiar with this business’ practice for collecting and
processing correspondence for mailing. On the same day that correspondence is placed
for collection and mailing, it is deposited in the ordinary course of business with the
United States Postal Service, in a sealed envelope with postage fully prepaid.

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BY OVERNIGHT MAIL: Pursuant to California Code of Civil Procedure § 1013(c).
I enclosed the documents in an envelope or package provided by an overnight delivery
carrier and addressed to the persons at the addresses on attached service list. I placed
the envelope or package for collection and overnight delivery at an office or a regularly
utilized drop box of the overnight delivery carrier.

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X

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BY EMAIL OR ELECTRONIC TRANSMISSION: Based on a Court Order or an
agreement of the parties to accept service by email or electronic transmission, I caused
the documents to be sent to the person(s) at the email address(es) listed. I did not
receive, within a reasonable time after the transmission, any electronic message or other
indication that the transmission was unsuccessful.

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BY FACSIMILE: Based on an agreement of the parties to accept service by Fax
Transmission, I faxed the documents to the person(s) at the fax number(s) listed on
Attached Service List. No error was reported by the fax machine that I used. A copy of
the record of the fax transmission printed is attached.

X

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FEDERAL: I declare that I am employed in the office of a member of the bar of this
Court at whose direction the service was made.

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Executed at Los Angeles, California on this date July 15, 2011.

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__________________________________
Annette M. Neblina

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LARSON, GARRICK
& LIGHTFOOT, LLP

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STIPULATION & PROPOSED ORDER TO CONT. DATE FOR PARTIES’ INITIAL DISCLOSURES

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SERVICE LIST

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Thomas Albrecht v. Bridgestone Americas, Inc.; et al.
USDC – Eastern Division, Case No.: 2:10-cv-03236-GGH

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R. Nicholas Haney, Esq.
LAW OFFICE OF R. NICHOLAS HANEY
903 First Street
Benicia, California 94510
Tel: 707 / 746-1800
-Attorney for Plaintiff
Thomas Albrecht

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LARSON, GARRICK
& LIGHTFOOT, LLP

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STIPULATION & PROPOSED ORDER TO CONT. DATE FOR PARTIES’ INITIAL DISCLOSURES