Booth v. Thermacor Process Inc., et al

Filing 24

ORDER signed by Chief Judge Morrison C. England, Jr. on 8/4/2014 GRANTING the parties' request to amend the dates within the 22 Pretrial Scheduling Scheduling Order re 23 Stipulation and Proposed Order; VACATING the 22 Pretrial Scheduling Order; INFORMING the parties that an amended scheduling order will follow. (Michel, G)

1 HANSON BRIDGETT LLP
SEAN P. THOMPSON, SBN 210529
2 [e-mail]
JOHN W. KLOTSCHE, SBN 257992
3 [e-mail]
500 Capitol Mall, Suite 1500
4 Sacramento, California 95814
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for Plaintiff FRANK M. BOOTH,
INC.
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DOWNEY BRAND LLP
8 MATTHEW J. WEBER, SBN 227314
[e-mail]
9 3425 Brookside Road, Suite A
Stockton, California 95219
10 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Defendants RICHARD B.
12 BENDER II and JOE KEYES

TRAINOR FAIRBROOK
MICHAEL S. MIDDLETON, SBN 161465
[e-mail]
980 Fulton Avenue
Sacramento, California 95825
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants THERMACOR
PROCESS, L.P.; THERMACOR
PROCESS, INC.; THERMACOR, L.C.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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17 FRANK M. BOOTH, INC., a California
corporation,
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Plaintiff,
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v.
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THERMACOR PROCESS, L.P., a Texas
21 limited partnership; THERMACOR
PROCESS, INC., a Texas corporation;
22 THERMACOR, L.C., a Texas limited
liability company; RICHARD B. BENDER
23 II, an individual; JOE KEYES, an
individual; and DOES 21 through 50,
24 inclusive,
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CASE NO. 2:13-cv-01831-MCE-CKD
STIPULATION AND ORDER FOR
MODIFYING PRETRIAL SCHEDULING
ORDER
(Yolo County Superior Court Case No.
CV13-1298)

Defendants.

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6464236.1

2:13-cv-01831-MCE-CDK
STIPULATION AND ORDER FOR MODIFYING PRETRIAL SCHEDULING ORDER

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Plaintiff Frank M. Booth, Inc. ("Plaintiff") and defendants Thermacor Process, L.P.,

2 Thermacor Process, Inc., Thermacor, L.C., Richard B. Bender II, and Joe Keyes
3 ("Defendants"), through their respective undersigned counsel, hereby stipulate as follows:
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1.

On March 18, 2014, this Court entered its Pretrial Scheduling Order

5 ("Order").
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2.

Pursuant to the Order, all non-expert discovery shall be completed by

7 August 8, 2014, a settlement conference is scheduled for September 18, 2014, all expert
8 witnesses are to be disclosed by October 8, 2014 and the last day to hear dispositive
9 motions is February 5, 2015.
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3.

The parties are now engaged in meaningful settlement discussions, but

11 need additional time to determine whether a settlement can be reached. Specifically,
12 proposals to repair the construction project at issue are being discussed. If those
13 discussions are successful, this entire action should be resolved. If the discussions are
14 not successful, the parties have agreed to submit their disputes to mediation.
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4.

Moreover, in addition to the parties' settlement discussions, the outcome of

16 a related pending lawsuit may also resolve this entire action or substantially simplify the
17 manner in which this action will be litigated. In particular, the Regents of the University of
18 California (i.e., the owner of the construction project that is the subject of this dispute)
19 filed an action that is pending in Yolo County Superior Court and is titled The Regents of
20 the University of California v. McGuire And Hester, et al., case number CV13-383 (the
21 "Regents Action"). Among the issues being litigated in the Regents' Action is the issue of
22 liability for the damages that are the subject of Plaintiffs' claim for indemnity against
23 Defendants in this instant action. The Regents' Action is set for trial on February 16,
24 2015.
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5.

In order to allow more time for the parties to complete their settlement

26 discussions and for the Regents Action to be adjudicated, Plaintiff and Defendants have
27 stipulated to amend the Order as follows:
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6464236.1

§

The non-expert discovery deadline of August 8, 2014 be extended to
2:13-cv-01831-MCE-CDK
STIPULATION AND ORDER FOR MODIFYING PRETRIAL SCHEDULING ORDER

March 16, 2015;

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§

The settlement conference scheduled for September 18, 2014 be
continued to March 5, 2015;

§

The expert witness disclosure deadline of October 8, 2014 be extended to
March 16, 2015; and

§

The dispositive motion hearing deadline of February 5, 2015 be extended
to May 15, 2015.

6.

Good cause exists for the approval of this stipulation. This is the parties'

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first stipulation to modify the Order. Moreover, because the events described in
paragraphs 3 and 4, above, may resolve this action entirely, modifying the Order in the
manner requested seeks to preserve judicial economy and prevent Plaintiff and
Defendants from incurring unnecessary discovery and litigation costs.

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DATED: August 4, 2014

HANSON BRIDGETT LLP

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By:

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DATED: August 4, 2014

/s/ Sean P. Thompson
SEAN P. THOMPSON
JOHN W. KLOTSCHE
Attorneys for Plaintiff FRANK M. BOOTH, INC.
TRAINOR FAIRBROOK

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By:

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/s/ Michael Middleton
MICHAEL S. MIDDLETON
Attorneys for Defendants THERMACOR
PROCESS, L.P.; THERMACOR PROCESS,
INC.; THERMACOR, L.C.

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DATED: August 4, 2014

DOWNEY BRAND LLP

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By:

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/s/ Matthew J. Weber
MATTHEW J. WEBER
Attorneys for Defendants RICHARD B.
BENDER II and JOE KEYES

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6464236.1

2:13-cv-01831-M
-2STIPULATION AND ORDER FOR MODIFYING PRETRIAL SCHEDULING ORDER

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ORDER
Pursuant to the terms of the parties’ stipulation, the request to amend dates within

3 the Pretrial Scheduling Order is GRANTED. The current scheduling order is VACATED
4 and an amended scheduling order will follow.
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IT IS SO ORDERED.

6 Dated: August 4, 2014
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