Carolina Casualty Insurance Company v. Oahu Air Conditioning Service, Inc. et al

Filing 155

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 6/11/2015 ORDERING 154 The Recitals are hereby incorporated by reference in this Stipulation. The Parties hereby stipulate and agree to an extension of 90 days, to and including 9/10/2015, by which Google and Kaiser, respectively, shall serve their FRCP Rule 26(a)(1) Initial Disclosures in this Action. (Reader, L)

1 SANDI L. NICHOLS (BAR NO. 100403)
KAMRAN JAVANDEL (BAR NO. 272900)
2 ALLEN MATKINS LECK GAMBLE
MALLORY & NATSIS LLP
3 Three Embarcadero Center, 12th Floor
San Francisco, CA 94111-4074
4 Phone: [phone]
Fax:
[phone]
5 E-Mail: [e-mail]
[e-mail]
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7 Attorneys for Third-Party Defendant
GOOGLE INC.
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9

UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

11 CAROLINA CASUALTY INSURANCE
COMPANY,
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Plaintiff,
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vs.
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OAHU AIR CONDITIONING SERVICE, INC.
15 dba OAHU AIR CONDITIONING CO.,
PACIFIC COMMERCIAL SERVICES, LLC,
16 MATSON NAVIGATION COMPANY, INC.,
and DOES 1 through 100,
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Defendants.
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Case No. 2:13-cv-01378-WBS-AC
STIPULATION AND [PROPOSED] ORDER
FOR EXTENSION FOR GOOGLE INC.
AND KAISER PERMANENTE VENTURES
LLC TO MAKE FRCP RULE 26(a)(1)
INITIAL DISCLOSURES
1st Am. Complaint Filed: November 1, 2013
1st Am. Third Party Comp. Filed: April 28, 2015
Trial Date: October 12, 2016

19 OAHU AIR CONDITIONING SERVICE,
INC.,
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Third-Party Plaintiff,
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vs.
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CLEAN HARBORS ENVIRONMENTAL
23 SERVICES, INC., SMITH SYSTEMS
TRANSPORTATION, INC., KAISER
24 PERMANENTE VENTURES, LLC,
GOOGLE, INC., FOOTHILL-DE ANZA
25 COMMUNITY COLLEGE DISTRICT,
TEST AMERICA LABORATORIES, INC.,
26 & NEKTAR THERAPEUTICS,
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Third-Party Defendants.

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966725.03/SF

STIP. AND [PROPOSED] ORDER FOR EXTENSION FOR RULE 26(a)
DISCLOSURES

Pursuant to Federal Rule of Civil Procedure, Rule 26(f) and Local Rule 143, Plaintiff

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2 Carolina Casualty Insurance Company, Third Party Plaintiff Oahu Air Conditioning Service, Inc.
3 dba Oahu Air Conditioning Co. ("Oahu"), Defendant Pacific Commercial Services, LLC, and
4 Third Party Defendants Clean Harbors Environmental Services, Inc., Smith Systems
5 Transportation, Inc., Google Inc. ("Google"), Kaiser Permanente Ventures, LLC ("Kaiser"),1
6 Foothill-De Anza Community College District ("Foothill"), and Test America Laboratories, Inc.
7 ("Test America") (collectively, the "Parties"), by and through their respective counsel of record,
8 hereby stipulate and agree and seek a court order as follows:
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RECITALS
WHEREAS the Complaint in this Action was filed on July 8, 2013 and a First Amended

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11 Complaint was filed on November 1, 2013;
WHEREAS Oahu filed a Third Party Complaint in the Action on February 25, 2014 which

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13 did not name either Kaiser or Google as Third Party Defendants;
WHEREAS the Court conducted a Status (Pretrial Scheduling) Conference on March 31,

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15 2014 and subsequently issued a Status (Pretrial Scheduling) Order on April 3, 2014 (the "April 3
16 Status Order") [Dkt. No. 47], which set the date for Federal Rule of Civil Procedure 26(a)(1)
17 Initial Disclosures as May 2, 2014, and set the trial date in this Action for January 12, 2016;
WHEREAS the Court subsequently modified the April 3 Status Order on March 18, 2015

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19 [Dkt. No. 121] and, most recently, entered an Order Granting Oahu's Ex Parte Application for an
20 Order Modifying the March 18, 2015 Status (Pretrial Scheduling) Order, and for Continuance of
21 the Trial Date and All Other Deadlines [Dkt. No. 146], and the new trial date is now October 12,
22 2016;
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Kaiser Permanente Ventures, LLC is not the correct defendant based on the acts and/or
omissions stated in the Third Party Complaint, and is not intending to waive any rights, remedies
27 or defenses with respect to whether it is a proper party by this stipulation for an extension of time
to respond.
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966725.03/SF

-2STIP. AND [PROPOSED] ORDER FOR EXTENSION FOR RULE 26(a)
DISCLOSURES

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WHEREAS pursuant to motion by Oahu, the Court entered an order granting Oahu the

2 right to file an amended Third Party Complaint to name additional parties, including Google and
3 Kaiser [Dkt. No. 132];
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WHEREAS Oahu filed its First Amended Third Party Complaint on April 28, 2015;

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WHEREAS Oahu served Google and Kaiser, respectively, with the First Amended Third

6 Party Complaint on May 13, 2015;
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WHEREAS Oahu has stipulated to an extension of time to and including July 1, 2015,

8 within which Google and Kaiser, respectively, may have to plead or otherwise respond to the First
9 Amended Third Party Complaint and said Stipulations were filed with the Court [Dkt. Nos. 144
10 and 147];
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WHEREAS the Federal Rules of Civil Procedure, Rule 26(a)(1)(D) require that parties

12 joined after the Rule 26(f) conference must make their initial disclosures within 30 days after
13 being served or joined, unless a different time is set by stipulation or court order, which would
14 require Google and Kaiser, respectively, to serve their Rule 26(a)(1) disclosures by Friday, June
15 12, 2015, absent stipulation or order, prior to the due date for their respective responsive
16 pleadings;
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WHEREAS the Parties understand and agree that sufficient time should be allowed for

18 Google and Kaiser to investigate the facts, issues, claims, documents and witnesses regarding the
19 alleged July 11, 2011 incident; to review the two years of pleadings already filed in the case and
20 the discovery already undertaken by and between other parties; to undertake other preliminary
21 steps in connection with the defense of the claims against them and to file responsive pleadings,
22 which could include motions to dismiss and/or strike some or all of the claims against each of
23 them in the First Amended Third Party Complaint, and that said efforts should be allowed to be
24 undertaken and said motion(s) should be heard before either party is required to serve Rule
25 26(a)(1) Initial Disclosures;
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WHEREAS Google and Kaiser have requested a 90-day extension of time, to and

27 including September 10, 2015, by which to serve each of their respective Rule 26(a)(1) Initial
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966725.03/SF

-3STIP. AND [PROPOSED] ORDER FOR EXTENSION FOR RULE 26(a)
DISCLOSURES

1 Disclosures in this Action and the Parties agree that such extension is reasonable and appropriate
2 under the circumstances; and
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WHEREAS Google and Kaiser would be prejudiced absent the requested extension, but no

4 other party will be prejudiced if it is granted.
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NOW THEREFORE, the Parties, and each of them, enter into the following Stipulation.

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STIPULATION

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1.

The Recitals are hereby incorporated by reference in this Stipulation.

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2.

The Parties hereby stipulate and agree to an extension of 90 days, to and including

9 September 10, 2015, by which Google and Kaiser, respectively, shall serve their Federal Rule of
10 Civil Procedure Rule 26(a)(1) Initial Disclosures in this Action.
11
12 Dated: June 9, 2015

CHOLAKIAN & ASSOCIATES

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By: /s/ Kevin K. Cholakian
(as authorized on June 9, 2015)

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KEVIN K. CHOLAKIAN
BRIAN J. FINN
JAMES J. ISON
Attorneys for Plaintiff CAROLINA
CASUALTY INSURANCE COMPANY
And Third Party Defendant SMITH
SYSTEMS AND TRANSPORTATION,
INC.

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Dated: June 8, 2015

DONGELL LAWRENCE FINNY LLP

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By: /s/Christopher T. Johnson
(as authorized on June 8, 2015)
JOSHUA N. LEVINE
CHRISTOPHER T. JOHNSON
Attorneys for Defendant and Third-Party
Plaintiff PACIFIC COMMERCIAL
SERVICES LLC

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966725.03/SF

-4STIP. AND [PROPOSED] ORDER FOR EXTENSION FOR RULE 26(a)
DISCLOSURES

1 Dated: June 8, 2015

BASSI EDLIN HUIE & BLUM LLP

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By: /s/ Noel Edlin
(as authorized on June 8, 2015)
NOEL EDLIN
FARHEENA A. HABIB
Attorneys for Defendant and Third-Party
Complainant OAHU AIR CONDITIONING
SERVICE, INC. dba OAHU AIR
CONDITIONING CO

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9 Dated: June 9, 2015

BURNHAM BROWN

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By: /s/ Thomas Michael Downey
(as authorized on June 9, 2015)
ALISON F. GREEN
THOMAS MICHAEL DOWNEY
Attorneys for Third-Party Defendant
CLEAN HARBORS ENVIRONMENTAL
SERVICES, INC.

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966725.03/SF

-5STIP. AND [PROPOSED] ORDER FOR EXTENSION FOR RULE 26(a)
DISCLOSURES

1 Dated: June 8, 2015

WACTOR & WICK LLP

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By: /s/ William D. Wick
(as authorized on June 8, 2015)
WILLIAM D. WICK
ANNA L. NGUYEN
Attorneys for Third-Party Defendant
KAISER PERMANENT VENTURES, LLC

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Dated: June 9, 2015

LYNCH AND SHUPE, LLP

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By: /s/ Eric Shiu
(as authorized on June 9, 2015)
LINDA J. LYNCH
JOHN A. SHUPE
ERIC SHIU
Attorneys for Third-Party Defendant
FOOTHILL DE ANZA COMMUNITY
COLLEGE DISTRICT

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Dated: June 8, 2015

GORDON & REES LLP

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By: /s/ Brian M. Ledger
(as authorized on June 8, 2015)
BRIAN M. LEDGER
Attorneys for Third-Party Defendant
TEST AMERICA LABORATORIES, INC.

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22 Dated: June 9, 2015
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ALLEN MATKINS LECK GAMBLE
MALLORY & NATSIS LLP

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By: /s/ Sandi L. Nichols
SANDI L. NICHOLS
KAMRAN JAVANDEL
Attorneys for Third-Party Defendant
GOOGLE INC.

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966725.03/SF

-6STIP. AND [PROPOSED] ORDER FOR EXTENSION FOR RULE 26(a)
DISCLOSURES

1 IT IS SO ORDERED.
2 Dated: June 11, 2015
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966725.03/SF

-7STIP. AND [PROPOSED] ORDER FOR EXTENSION FOR RULE 26(a)
DISCLOSURES