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

Filing 159

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 6/15/2015 ORDERING 156 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 Test America, respectively, shall serve its FRCP Rule 26(a)(1) Initial Disclosures in this Action. (Reader, L)

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BRIAN M. LEDGER (SBN: 156942)
Email: [e-mail]
GORDON & REES LLP
101 W. Broadway, Suite 2000
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]
Attorneys for Third-Party Defendant
TEST AMERICA LABORATORIES, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Gordon & Rees LLP
101 W. Broadway Suite 2000
San Diego, CA 92101

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CAROLINA CASUALTY INSURANCE
COMPANY,

)
)
)
Plaintiff,
)
)
vs.
)
OAHU AIR CONDITIONING SERVICE, INC. dba )
)
OAHU AIR CONDITIONING CO., PACIFIC
)
COMMERCIAL SERVICES, LLC, MATSON
)
NAVIGATION COMPANY, INC., and DOES 1
)
through 100,
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Defendants.
)
)
OAHU AIR CONDITIONING SERVICE, INC.,
)
)
Third-Party Plaintiff,
)
)
vs.
)
)
CLEAN HARBORS ENVIRONMENTAL
)
SERVICES, INC., SMITH SYSTEMS
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TRANSPORTATION, INC., KAISER
)
PERMANENTE VENTURES, LLC, GOOGLE,
)
INC., FOOTHILL-DE ANZA COMMUNITY
)
COLLEGE DISTRICT, TEST AMERICA
)
LABORATORIES, INC., & NEKTAR
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THERAPEUTICS,
)
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Third-Party Defendants
)
)
)

CASE NO. 2:13-cv-01378-WBS-AC
STIPULATION AND [PROPOSED]
ORDER FOR EXTENSION FOR
TEST AMERICA
LABORATORIES, INC. TO MAKE
FRCP RULE 26(a)(1) INITIAL
DISCLOSURES

3rd Party Complaint Filed: 2/25/2014
1st Amended 3rd Party Complaint
Filed: April 28, 2015
Trial Date: 4/12/2016

-1Stipulation and Proposed Order for Extension to Make FRCP Rule 26(a)(1) to Initial Disclosures
Case No.: 2:13-cv-01378-WBS-AC

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

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Carolina Casualty Insurance Company, Third Party Plaintiff Oahu Air Conditioning Service, Inc.

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dba Oahu Air Conditioning Co. ("Oahu"), Defendant Pacific Commercial Services, LLC, and

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Third Party Defendants Clean Harbors Environmental Services, Inc., Smith Systems

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Transportation, Inc., Kaiser Permanente Ventures, LLC,1 Google Inc., Foothill-De Anza

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Community College District, and Test America Laboratories, Inc. ("TEST AMERICA")

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(collectively, the "Parties"), by and through their respective counsel of record, hereby stipulate

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and agree and seek a court order as follows:

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RECITALS

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Gordon & Rees LLP
101 W. Broadway Suite 2000
San Diego, CA 92101

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WHEREAS the Complaint in this Action was filed on July 8, 2013 and a First Amended
Complaint was filed on November 1, 2013;

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WHEREAS Oahu filed a Third Party Complaint in the Action on February 25, 2014
which did not name Test America as a Third Party Defendants;

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WHEREAS the Court conducted a Status (Pretrial Scheduling) Conference on March 31,

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2014 and subsequently issued a Status (Pretrial Scheduling) Order on April 3, 2014 (the "April 3

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Status Order") [Dkt. No. 47], which set the date for Federal Rule of Civil Procedure 26(a)(1)

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Initial Disclosures as May 2, 2014, and set the trial date in this Action for January 12, 2016;

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WHEREAS the Court subsequently modified the April 3 Status Order on March 18, 2015

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[Dkt. No. 121] and, most recently, entered an Order Granting Oahu's Ex Parte Application for an

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Order Modifying the March 18, 2015 Status (Pretrial Scheduling) Order, and for Continuance of

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the Trial Date and All Other Deadlines [Dkt. No. 146], and the new trial date is now October 12,

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2016;

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

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right to file an amended Third Party Complaint to name additional parties, including TEST

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AMERICA [Dkt. No. 132];

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WHEREAS Oahu filed its First Amended Third Party Complaint on April 28, 2015;
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Kaiser Permanente Ventures, LLC asserts 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.

-2Stipulation and Proposed Order for Extension to Make FRCP Rule 26(a)(1) to Initial Disclosures
Case No.: 2:13-cv-01378-WBS-AC

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WHEREAS Oahu served TEST AMERICA, respectively, with the First Amended Third
Party Complaint on May 13, 2015;
WHEREAS Oahu has stipulated to an extension of time to and including July 1, 2015,

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within which TEST AMERICA, respectively, may have to plead or otherwise respond to the

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First Amended Third Party Complaint and said Stipulations were filed with the Court [Dkt. Nos.

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144 and 147];

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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

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being served or joined, unless a different time is set by stipulation or court order, which would

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require TEST AMERICA, respectively, to serve their Rule 26(a)(1) disclosures by Friday, June

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Gordon & Rees LLP
101 W. Broadway Suite 2000
San Diego, CA 92101

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12, 2015, absent stipulation or order, prior to the due date for their respective responsive

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pleadings;

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WHEREAS the Parties understand and agree that sufficient time should be allowed for

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TEST AMERICA to investigate the facts, issues, claims, documents and witnesses regarding the

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alleged July 11, 2011 incident; to review the two years of pleadings already filed in the case and

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the discovery already undertaken by and between other parties; to undertake other preliminary

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steps in connection with the defense of the claims against them and to file responsive pleadings,

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which could include motions to dismiss and/or strike some or all of the claims against each of

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them in the First Amended Third Party Complaint, and that said efforts should be allowed to be

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undertaken and said motion(s) should be heard before either party is required to serve Rule

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26(a)(1) Initial Disclosures;

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WHEREAS TEST AMERICA has requested a 90-day extension of time, to and including

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September 10, 2015, by which to serve each of their respective Rule 26(a)(1) Initial Disclosures

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in this Action and the Parties agree that such extension is reasonable and appropriate under the

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circumstances; and

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WHEREAS TEST AMERICA would be prejudiced absent the requested extension, but

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no 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.
-3Stipulation and Proposed Order for Extension to Make FRCP Rule 26(a)(1) to Initial Disclosures
Case No.: 2:13-cv-01378-WBS-AC

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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

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September 10, 2015, by which TEST AMERICA, respectively, shall serve its Federal Rule of

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Civil Procedure Rule 26(a)(1) Initial Disclosures in this Action.

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Dated: June 11, 2015

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GORDON & REES LLP
By:

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

Gordon & Rees LLP
101 W. Broadway Suite 2000
San Diego, CA 92101

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Dated: June 11, 2015

ALLEN MATKINS LECK GAMBLE
MALLORY & NATSIS LP

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By:
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Dated: June 11, 2015

/s/ Kamran Javander
Sandi L. Nichols
Kamran Javandel
Attorneys for Third-Party Defendant
GOOGLE INC.
(Electronic signature authorized by Mr.
Javander)

CHOLAKIAN & ASSOCIATES

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By:
Kevin K. Cholakina
Brian J. Finn
James J. Ison
Attorneys for Plaintiff
CAROLINA CASUALTY
INSURANCE COMPANY and ThirdParty Defendant SMITH SYSTEMS
TRANSPORTATION, INC.

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-4Stipulation and Proposed Order for Extension to Make FRCP Rule 26(a)(1) to Initial Disclosures
Case No.: 2:13-cv-01378-WBS-AC

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Date: June 11, 2015

DONGELL LAWRENCE FINNY LLP

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By:
Joshua N. Levine
Christopher T. Johnson
Attorneys for Defendant and ThirdParty Plaintiff PACIFIC
COMMERCIAL SERVICES LLC

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Dated: June 11, 2015

BASSI EDLIN HUIE & BLUM LLP

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By:

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Farheena A. Habib
Attorneys for Defendant and ThirdParty Complainant OAHU AIR
CONDITIONING SERVICE, INC. dba
OAHU AIR CONDITIONING CO.

Gordon & Rees LLP
101 W. Broadway Suite 2000
San Diego, CA 92101

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Dated: June 11, 2015

BURNHAM BROWN

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By:
Alison F. Green
Thomas Michael Downey
Attorneys for Third-Party Defendant
CLEAN HARBORS
ENVIRONMENTAL SERVICES, INC.

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Dated: June 11, 2015

WACTOR & WICK LLP

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By:
William D. Wick
Anna L. Nguyen
Attorneys for Third-Party Defendant
KAISER PERMANENT VENTURES,
LLC

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-5Stipulation and Proposed Order for Extension to Make FRCP Rule 26(a)(1) to Initial Disclosures
Case No.: 2:13-cv-01378-WBS-AC

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Dated: June 11, 2015

LYNCH AND SHUP, LLP

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By:
Linda J. Lynch
John A. Shupe
Eric Shiu
Attorneys for Third-Party Defendant
FOOTHILL DE ANZA COMMUNITY
COLLEGE DISTRICT

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IT IS SO ORDERED.
Dated: June 15, 2015

Gordon & Rees LLP
101 W. Broadway Suite 2000
San Diego, CA 92101

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/23862770v.1

-6Stipulation and Proposed Order for Extension to Make FRCP Rule 26(a)(1) to Initial Disclosures
Case No.: 2:13-cv-01378-WBS-AC