Booth v. Thermacor Process Inc., et al

Filing 28

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 2/23/2015 VACATING the 3/5/2015 Settlement Conference before Magistrate Judge Drozd. Parties are ORDERED to file a status report one week after the private mediation, currently scheduled for 4/17/2015. (Donati, J)

1
2
3
4
5
6
7
8
9

Attorneys At Law

980 FULTON AVENUE
SACRAMENTO, CALIFORNIA 95825
Telephone: [phone]
Facsimile: [phone]

TRAINOR FAIRBROOK

10
11
12
13

TRAINOR FAIRBROOK
MICHAEL S. MIDDLETON (SBN 161465)
[e-mail]
980 Fulton Avenue
Sacramento, California 95825
Telephone: [phone]
Facsimile: [phone]
mlr:5547001.1314641.1

Attorneys for Defendants
THERMACOR PROCESS, LP,
THERMACOR PROCESS, INC. and
THERMACOR, L.C.

DOWNEY BRAND LLP
MATTHEW J. WEBER (SBN 227314)
[e-mail]
3425 Brookside Road, Suite A
Stockton, California 95219
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
RICHARD B. BENDER II and JOE KEYES

HANSON BRIDGETT LLP
SEAN P. THOMPSON (SBN 210529)
[e-mail]
JOHN W. KLOTSCHE (SBN 257992)
[e-mail]
500 Capitol Mall, Suite 1500
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
FRANK M. BOOTH, INC.

14
15

UNITED STATES DISTRICT COURT

16

EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

17
18

FRANK M. BOOTH, INC., a California
corporation,

19
20
21
22
23
24
25
26

Plaintiff,
v.
THERMACOR PROCESS, L.P., a Texas
limited partnership; THERMACOR
PROCESS, INC., a Texas corporation;
THERMACOR, L.C., a Texas limited
liability company; RICHARD B.
BENDER II, an individual; JOE KEYES,
an individual; and DOES 21 through 50,
inclusive,

Case No. 2:13-CV-01831-MCE-CKD
STIPULATION AND ORDER VACATING
SETTLEMENT CONFERENCE DATE
(Yolo County Superior Court Case
No. CV13-1298)
Trial Date: March 7, 2016

Defendants.

27
28
STIPULATION AND ORDER VACATING SETTLEMENT CONFERENCE DATE

-1-

1

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 ("Defendants"),

3

through their respective undersigned counsel, hereby stipulate as follows:

4

1.

The parties have agreed to submit this matter to private mediation with mediator

5

Bruce Edwards, on April 17, 2015. The mediation will involve the issues raised in Plaintiff's

6

Complaint, as well claims arising out of the related State Court matter, The Regents of the

7

University of California v. McGuire and Hester, et al., Yolo County Superior Court, Case No.

8

CV13-383.

9

Attorneys At Law

980 FULTON AVENUE
SACRAMENTO, CALIFORNIA 95825
Telephone: [phone]
Facsimile: [phone]

TRAINOR FAIRBROOK

10
11

2.

The parties agree that good cause exists for a continuance of the Mandatory

Settlement Conference currently scheduled in this matter for March 5, 2015.
3.

The parties agree that at this time, the best opportunity to resolve this matter will

12

be to address this and the State Court claims simultaneously in the hopes of reaching a global

13

settlement.

14

4.

The parties agree that while all parties would participate in the Mandatory

15

Settlement Conference in good faith, it would be difficult to resolve the claims without

16

simultaneously addressing the State Court claims. As the State Court claims involve entities that

17

are not parties to this Federal Court action, the parties believe that the best use of the Court's time

18

and resources would be to conduct a Mandatory Settlement Conference at some time after the

19

scheduled mediation on April 17, 2015.

20

5.

As the Trial in this matter is currently scheduled for March 7, 2016, no parties will

21

be prejudiced by vacating the current Mandatory Settlement Conference and rescheduling it for a

22

date after April 17, 2015.

23

6.

The parties agree that this Stipulation may be signed in counterparts and submitted

24

to the Court in that manner. The parties also agree that facsimile copies of signatures may be

25

submitted to the Court.

26
27

7.

The parties agree that the parties' Joint Application to Continue Trial, filed

herewith, may be heard on an ex parte basis.

28
STIPULATION AND ORDER VACATING SETTLEMENT CONFERENCE DATE

-2-

1

Dated: February 19, 2015

TRAINOR FAIRBROOK

2
3

By: /s/ Michael S. Middleton
MICHAEL S. MIDDLETON
Attorneys for Defendants
THERMACOR PROCESS, LP,
THERMACOR PROCESS, INC. and
THERMACOR, L.C.

4
5
6
7

Dated: February 18, 2015

HANSON BRIDGETT, LLP

8
By: /s/ Sean P. Thompson
SEAN P. THOMPSON
Attorneys for Plaintiff
FRANK M. BOOTH, INC.

9

Attorneys At Law

980 FULTON AVENUE
SACRAMENTO, CALIFORNIA 95825
Telephone: [phone]
Facsimile: [phone]

TRAINOR FAIRBROOK

10
11

Dated: February 19, 2015

DOWNEY BRAND LLP

12
13

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

14
15
16

ORDER

17
18

Pursuant to the foregoing stipulation, and for good cause appearing therefor, the March

19

5, 2015 Mandatory Settlement Conference is hereby VACATED. The parties are ORDERED to

20

file a status report one week after the private mediation, currently scheduled for April 17, 2015,

21

occurs.

22
23

IT IS SO ORDERED.
Dated: February 23, 2015

24
25
26
27
28
STIPULATION AND ORDER VACATING SETTLEMENT CONFERENCE DATE

-3-