Advanced Steel Recovery, LLC v. X-Body Equipment, Inc. et al

Filing 51

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 1/24/2014 ORDERING 50 Non-Discovery shall be completed 1/15/2015; Expert Discovery by 2/16/2015; Disclosure of Expert Witnesses due by 8/16/2014, and any contradictory and/or rebuttal expert disclosure on or before 9/16/2014; the last hearing date for motions is 3/16/2015 at 9:00 AM; Final Pretrial Conference Reset for 5/18/2015 at 02:30 PM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.; Trial Reset for 8/25/2015 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Reader, L)

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SEDGWICK LLP
Robert M. Harkins, Jr. (State Bar No. 179525)
Matthew A. Fischer (State Bar No. 191451)
Jennifer Ming (State Bar No. 260367)
333 Bush Street, 30th Floor
San Francisco, CA 94104-2834
Telephone:
415.781.7900
Facsimile:
415.781.2635

GIBSON, DUNN & CRUTCHER LLP
Wayne Barsky, SBN 116731
[e-mail]
2029 Century Park East
Century City, CA 90067-3026
Telephone:
310.552.8500
Facsimile:
310.551.8741

Jennifer Rho, SBN 254312
Attorneys for Defendants and Counterclaimants [e-mail]
X-BODY EQUIPMENT, INC. and JEWELL
333 South Grand Avenue
ATTACHMENTS, LLC
Los Angeles, CA 90071-3197
Telephone:
213.229.7000
Facsimile:
213.229.7520

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Casey J. McCracken, SBN 271202
[e-mail]
3161 Michelson Drive
Irvine, CA 92612
Telephone:
949.451.3800
Facsimile:
949.451.4220

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Attorneys for Plaintiff
ADVANCED STEEL RECOVERY, LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ADVANCED STEEL RECOVERY, LLC,
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Plaintiff,
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v.
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X-BODY EQUIPMENT, INC.
and JEWELL ATTACHMENTS, LLC,

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Case No. 2:12-cv-01004-GEB-DAD
JOINT STIPULATION AND STAY
MOTION TO STAY, AND ORDER
AMENDING STATUS ORDER

Defendants.

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AND RELATED COUNTERCLAIMS

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DOCS/18205574v1

CASE NO. 2:12-cv-01004-GEB-DAD
JOINT STIPULATION AND MOTION TO STAY AND [PROPOSED] ORDER TO STAY

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JOINT STIPULATION AND MOTION TO STAY

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WHEREAS, on October 23, 2013, the Court issued a Status (Pretrial Scheduling) Order
(“Order”) setting various case deadlines;

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WHEREAS, pursuant to that Order, fact discovery is to be completed by July 27, 2014,
initial expert witness disclosures are due on or before March 28, 2014, and any contradictory
and/or rebuttal expert disclosures are due on or before April 28, 2014;

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WHEREAS, subsequent to the entry of that Order, the parties have been engaging in
meaningful settlement discussions and require a stay and extension of case deadlines to facilitate
further settlement discussions and potential resolution of the case;

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WHEREAS, this is the first such request for a stay and extension regarding the
calendared dates impacted by this Joint Stipulation and Motion; and

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WHEREAS, the parties believe this requested stay may be granted without impacting the
trial date set in the case to take place on March 31, 2015;

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, SUBJECT TO
THE APPROVAL OF THE COURT:

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1. The case is hereby stayed in all respects, including discovery and all other currently

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calendared dates, for a period of 120 days.

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2. The parties will notify the Court if a settlement is reached. If the parties do not reach

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settlement, they will so notify the Court and request a new case schedule setting new

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deadlines. Should the parties require additional time to complete their negotiations at

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the end of the 120 days and finalize a settlement agreement, the parties will jointly

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request that the stay be extended.
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DOCS/18205574v1

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CASE NO. 2:12-cv-01004-GEB-DAD

JOINT STIPULATION AND MOTION TO STAY AND [PROPOSED] ORDER TO STAY

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DATED: January 23, 2014

SEDGWICK LLP

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By: /s/ Robert Harkins
Robert Harkins

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Attorneys for Defendants and Counterclaimants
X-BODY EQUIPMENT, INC. and JEWELL
ATTACHMENTS, LLC

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DATED: January 23, 2014

By: _/s/ Casey J. McCracken (as authorized on
January 23, 2014)
Casey J. McCracken

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Attorneys for Plaintiffs and Counterclaim-Defendant
ADVANCED STEEL RECOVERY, LLC

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GIBSON, DUNN & CRUTCHER LLP

Order
In light of the parties’ representation that they have been engaging in meaningful
settlement discussions and require a stay and extension of case deadlines to facilitate
further settlement discussions and potential resolution of the case, rather than staying the
action dates in the Scheduling Order filed on October 23, 2013, are changed as follows:
(1)

Non-expert discovery shall be completed by January 15, 2015. Expert discovery

shall be completed by February 16, 2015;
(2)

each party shall comply with Federal Rule of Civil Procedure 26(a)(2)(c)(i)’s

initial expert witness disclosure requirements on or before August 16, 2014, and any
contradictory and/or rebuttal expert disclosure authorized under Rule 26(a)(2)(c)(ii) on or
before September 16, 2014;
(3)

the last hearing date for motions is March 16, 2015, commencing 9:00 a.m.;

(4)

the final pretrial conference is rescheduled to commence at 2:30 p.m. on May

18, 2015; a joint status report shall be filed fourteen days prior to the hearing; and,
(5)

trial commences at 9:00 a.m. on August 25, 2015.

Dated: January 24, 2014

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DOCS/18205574v1

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CASE NO. 2:12-cv-01004-GEB-DAD

JOINT STIPULATION AND MOTION TO STAY AND [PROPOSED] ORDER TO STAY