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

Filing 158

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 6/15/2015 ORDERING 157 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 Foothill shall serve its FRCP Rule 26(a)(1) Initial Disclosures in this Action.(Reader, L)

Linda J. Lynch, Esq., SBN: 88811
John A. Shupe, Esq., SBN: 87716
Eric K. Shiu, Esq., SBN: 156167
LYNCH AND SHUPE, LLP
700 Airport Blvd., Suite 410
Burlingame, CA 94010
Telephone: [phone]
Facsimile: [phone]
Attorneys for Third-Party Defendant FOOTHILL DE ANZA COMMUNITY COLLEGE
DISTRICT
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CAROLINA CASUALTY INSURANCE
COMPANY;
Plaintiff,
v.
OAHU AIR CONDITIONING SERVICE, INC.
dba OAHU AIR CONDITIONING CO.,
PACIFIC COMMERCIAL SERVICES, LLC.,
MATSON NAVIGATION COMPANY., and
DOES 1 through 100.
Defendants.
_______________________________________
OAHU AIR CONDITIONING SERVICE, INC.
Third Party Plaintiff,
v.
CLEAN HARBORS ENVIRONMENTAL
SERVICES, INC., SMITH SYSTEMS
TRANSPORTATION, INC., KAISER
PERMANENTE VENTURES, LLC, GOOGLE,
INC., FOOTHILL-DE ANZA COMMUNITY
COLLEGE DISTRICT, TEST AMERICA
LABORATORIES, INC., & NEKTAR
THERAPEUTICS
Third-Party Defendants

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CASE NO: 2:13-cv-01378-WBS-AC
STIPULATION AND [PROPOSED]
ORDER FOR EXTENSION FOR
FOOTHILL - DE ANZA COMMUNITY
COLLEGE DISTRICT TO MAKE
FRCP RULE 26(a)(1) INITIAL
DISCLOSURES

3rd Party Complaint Filed: 02/25/2014
1st Amended 3rd Party Complaint Filed:
04/28/2015
Trial Date: 10/12/2016

Pursuant to Federal Rule of Civil Procedure, Rule 26(f) and Local Rule 143, Plaintiff
Carolina Casualty Insurance Company, Third Party Plaintiff Oahu Air Conditioning Service, Inc.
dba Oahu Air Conditioning Co. ("Oahu"), Defendant Pacific Commercial Services, LLC, and Third
Party Defendants Clean Harbors Environmental Services, Inc., Smith Systems Transportation, Inc.,
Google Inc. ("Google"), Kaiser Permanente Ventures, LLC ("Kaiser"),1 Foothill-De Anza
Community College District ("Foothill"), and Test America Laboratories, Inc. ("Test America")
(collectively, the "Parties"), by and through their respective counsel of record, hereby stipulate and
agree and seek a court order as follows:
RECITALS
WHEREAS the Complaint in this Action was filed on July 8, 2013 and a First Amended
Complaint was filed on November 1, 2013;
WHEREAS Oahu filed a Third Party Complaint in the Action on February 25, 2014;
WHEREAS the Court conducted a Status (Pretrial Scheduling) Conference on March 31,
2014 and subsequently issued a Status (Pretrial Scheduling) Order on April 3, 2014 (the "April 3
Status Order") [Dkt. No. 47], which set the date for Federal Rule of Civil Procedure 26(a)(1) 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
[Dkt. No. 121] and, most recently, entered an Order Granting Oahu's Ex Parte Application for an
Order Modifying the March 18, 2015 Status (Pretrial Scheduling) Order, and for Continuance of the
Trial Date and All Other Deadlines [Dkt. No. 146], and the new trial date is now October 12, 2016;

1

.
Kaiser Permanente Ventures, LLC asserts that it 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 or defenses with respect to
whether it is a proper party by this stipulation for an extension of time to respond.

WHEREAS Oahu filed a First Amended Third Party Complaint on April 28, 2015;
WHEREAS, Foothill was served with the First Amended Third Party Complaint on May 13,
2015 and filed a Motion to Dismiss on June 3, 2015 [Dkt. No. 151], which is currently scheduled to
be heard on July 13, 2015;
WHEREAS the Federal Rules of Civil Procedure, Rule 26(a)(1)(D) require that parties
joined after the Rule 26(f) conference must make their initial disclosures within 30 days after being
served or joined, unless a different time is set by stipulation or court order, which would require
Foothill to serve its Rule 26(a)(1) disclosures by Friday, June 12, 2015, absent stipulation or order;
WHEREAS the Parties understand and agree that sufficient time should be allowed for the
Court to consider Foothill’s Motion to Dismiss and for Foothill to investigate the facts, issues,
claims, documents and witnesses regarding the alleged July 11, 2011 incident; to review the two
years of pleadings already filed in the case and the discovery already undertaken by and between
other parties; to undertake other preliminary steps in connection with the defense of the claims
against Foothill and that said efforts should be allowed to be undertaken before Foothill is required
to serve Rule 26(a)(1) Initial Disclosures;
WHEREAS Foothill has requested a 90-day extension of time, to and including September
10, 2015, by which to serve its Rule 26(a)(1) Initial Disclosures in this Action and the Parties agree
that such extension is reasonable and appropriate under the circumstances; and
WHEREAS Foothill would be prejudiced absent the requested extension, but no other party
will be prejudiced if it is granted.
NOW THEREFORE, the Parties, and each of them, enter into the following Stipulation.

STIPULATION
1.

The Recitals are hereby incorporated by reference in this Stipulation.

2.

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

September 10, 2015, by which Foothill shall serve its Federal Rule of Civil Procedure Rule 26(a)(1)
Initial Disclosures in this Action.
Dated: June 10, 2015

CHOLAKIAN & ASSOCIATES
/s/ Kevin Cholakian
By:
___________________________
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.

Dated: June 9, 2015

DONGELL LAWRENCE FINNY LLP
/s/ Christopher Johnson
By:
_____________________________
JOSHUA N. LEVINE
CHRISTOPHER T. JOHNSON
Attorneys for Defendant and Third-Party
Plaintiff PACIFIC COMMERCIAL SERVICES
LLC

Dated: June 9, 2015

BASSI EDLIN HUIE & BLUM LLP
/s/ Farheena Habib
_____________________________
FARHEENA A. HABIB
Attorneys for Defendant and Third-Party
Complainant OAHU AIR CONDITIONING
SERVICE, INC. dba OAHU AIR
CONDITIONING CO
By:

Dated: June 11, 2015

BURNHAM BROWN
/s/ Thomas Michael Downey

By:

_____________________________
ALISON F. GREEN
THOMAS MICHAEL DOWNEY
Attorneys for Third-Party Defendant
CLEAN HARBORS
ENVIRONMENTAL SERVICES, INC.

Dated: June 9, 2015

WACTOR & WICK LLP

By:

/s/ William Wick
_____________________________
WILLIAM D. WICK
ANNA L. NGUYEN
Attorneys for Third-Party Defendant
KAISER PERMANENT VENTURES,

LLC
Dated: June 9, 2015

LYNCH AND SHUPE, LLP
/s/ Eric Shiu
By:
_____________________________
LINDA J. LYNCH
JOHN A. SHUPE
ERIC SHIU
Attorneys for Third-Party Defendant
FOOTHILL DE ANZA COMMUNITY
COLLEGE DISTRICT

Dated: June 9, 2015

GORDON & REES LLP

By:

/s/ Brian Ledger
_____________________________
BRIAN M. LEDGER
Attorneys for Third-Party Defendant
TEST AMERICA LABORATORIES,

INC.
Dated: June 9, 2015

ALLEN MATKINS LECK GAMBLE
MALLORY & NATSIS LLP

By:

/s/ Kamran Javandel
_____________________________
SANDI L. NICHOLS
KAMRAN JAVANDEL
Attorneys for Third-Party Defendant
GOOGLE INC.

IT IS SO ORDERED
Dated: June 15, 2015