Booth v. Thermacor Process Inc., et al

Filing 39

STIPULATION AND ORDER signed by Chief Judge Morrison C. England, Jr. on 10/5/2015 ORDERING the parties to disclose expert witnesses by 2/28/2016; CONTINUING the Jury Trial to 9/19/2016 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. E ngland, Jr.; CONTINUING the Final Pretrial Conference to 7/28/2016 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England, Jr.; ORDERING that the Joint Final Pretrial Conference Statement be filed by 7/7/2016; ORDERING that trial briefs be filed by 7/14/2016; ORDERING that any evidentiary or procedural motions be filed by 7/7/2016; ORDERING that oppositions be filed by 7/14/2016; ORDERING that any replies be filed by 7/21/2016. (Michel, G.)

1
2
3
4
5
6
7
8
9
10
11
12

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

DOWNEY BRAND, LLP
MATTHEW J. WEBER (SBN: 227314)
[e-mail]
3425 Brookside Rd., Ste. A
Stockton, CA 95219
Telephone: [phone]
Facsimile: [phone]

Attorneys for Defendants
THERMACOR PROCESS, LP,
THERMACOR PROCESS, INC. and
THERMACOR, LC

Attorney for Defendants
RICHARD B. BENDER, II and JOE KEYES

MURO & LAMPE, INC.
ROSS E. LAMPE (SBN: 172336)
MICHAEL A. FELSTED (SBN: 227627)
75 Iron Point Circle, Suite 155
Folsom, CA 95630
Telephone: [phone]
Facsimile: [phone]

13
14

Attorneys for Defendant:
FRANK M. BOOTH, INC.

15

UNITED STATES DISTRICT COURT

16

EASTERN DISTRICT OF CALIFORNIA

17
18
19

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

20

Plaintiff,
vs.

21
22
23

THERMACOR PROCESS, L.P., A
Texas limited partnership; et al.,
Defendants.

24
25
26
27

Case No.: 2:13-cv-01831-MCE-CKD
JOINT STATUS REPORT AND STIPULATION
AND ORDER RE-SETTING DISCOVERY
COMPLETION AND DISCLOSURE OF EXPERT
WITNESS DATES
(Yolo County Superior Court Case No. CV131298)
Trial Date: March 7, 2016

///

28

)
)
)
)
)
)
)
)
)
)
)
)
)

///
1

JOINT STATUS AND STIPULATION AND ORDER RE-SETTING DISCOVERY COMPLETION AND
DISCLOSURE OF EXPERT WITNESS, AND TRIAL DATES
Case No.: 2:13-cv-01831-MCE-CKD

1
2
3

Plaintiff Frank M. Booth, Inc. (“Plaintiff”) and Defendants Thermacor Process, LP,
Thermacor Process, Inc., Thermacor, LC, Richard B. Bender, II and Joe Keyes
(“Defendants”), submit the following Joint Status Report.

4
5

The parties participated in private mediation with mediator Bruce Edwards, on April

6

17, 2015. The mediation involved the issues raised in Plaintiff’s Complaint, as well as

7

claims arising out of the related State Court matter, The Regents of the University of

8

California v. McGuire and Hester, et al., Yolo County Superior Court, Case No. CV13-383.

9

Though the mediation session on April 17, 2015 was not successful, the parties

10
11

have continued settlement discussions and scheduled a further Defense Mediation for

12

October 30, 2015. It is the intent of the parties to schedule a further mediation with UC

13

Davis, if warranted, after the Defense Mediation on October 30, 2015. The parties would

14

anticipate that if a further mediation session is scheduled with The Regents of the

15

University of California, it will take place in December 2015 or January 2016.

16

STIPULATION

17
18

Given the current status of this matter, Plaintiff Frank M. Booth, Inc., (“Plaintiff”)

19

and Defendants Thermacor Process, LP, Thermacor Process, Inc. and Thermacor, LC,

20

Richard B. Bender, II and Joe Keyes (“Defendants”), through their respective undersigned

21

counsel, hereby stipulate as follows:

22
23
24
25
26
27

1.

The parties have agreed to continue with the mediation process with a

Defense Mediation on October 30, 2015.
2.

The parties continue to agree that at this time, the best opportunity to

resolve this matter will be to address this and the State Court claims simultaneously in
hopes of reaching a global settlement.

28
2

JOINT STATUS AND STIPULATION AND ORDER RE-SETTING DISCOVERY COMPLETION AND
DISCLOSURE OF EXPERT WITNESS, AND TRIAL DATES
Case No.: 2:13-cv-01831-MCE-CKD

1
2
3

3.

The parties agree that good cause exists to vacate and re-set the Discovery

Completion date of September 30, 2015, as previously ordered by the Court in its May 11,
2015 Order, to February 28, 2016.

4
5

4.

The parties agree that good causes exists to vacate and re-set the date of

6

September 30, 2015 for the Disclosure of Expert Witnesses, as previously ordered by the

7

Court in its May 11, 2015 Order, to February 28, 2016.

8
9

5.

Trial is currently scheduled in March 7, 2016. The State Court action is

scheduled for June 13, 2016. In an effort to maintain judicial economy and possibly

10
11

resolve the State Court Action, the parties Stipulate that the March 7, 2016 trial date

12

should be vacated and this matter placed on the Court’s trial calendar for a date following

13

the June 13, 2016 State Court trial. No parties will be prejudiced by vacating and re-setting

14

the current dates set for the completion of Discovery and Disclosure of Expert Witnesses

15

and continuing the Trial date.

16
17

6.

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

18

submitted to the Court in that matter. The parties also agree that facsimile copies of

19

signatures may be submitted to the Court.

20
21

7.

The parties agree that the subject matter of this Joint Status Report and

Stipulation and Order Re-Setting Discovery Completion, Expert Witness Disclosure, and

22
23
24

Trial dates, may be heard on an ex parte basis.
Dated: October 5, 2015

MURO & LAMPE, INC.

25

__/s/ Michael A. Felsted___
Ross E. Lampe, Esq.
Michael A. Felsted, Esq.
Attorneys for Plaintiff
FRANK M. BOOTH, INC.

26
27
28
3

JOINT STATUS AND STIPULATION AND ORDER RE-SETTING DISCOVERY COMPLETION AND
DISCLOSURE OF EXPERT WITNESS, AND TRIAL DATES
Case No.: 2:13-cv-01831-MCE-CKD

1

Dated: October 5, 2015

TRAINOR FAIRBROOK

2

_/s/ Michael S. Middleton___
Michael S. Middleton, Esq.
Attorneys for Defendants
THERMACOR PROCESS, LP, THERMACOR
PROCESS, INC., THERMACOR, LC

3
4
5
6
7
8

Dated: October 5, 2015

DOWNEY BRAND LLP

9

__/s/ Matthew J. Weber____
Matthew J. Weber, Esq.
Attorneys for Defendants
RICHARD S. BENDER, II and
JOE KEYES

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4

JOINT STATUS AND STIPULATION AND ORDER RE-SETTING DISCOVERY COMPLETION AND
DISCLOSURE OF EXPERT WITNESS, AND TRIAL DATES
Case No.: 2:13-cv-01831-MCE-CKD

ORDER

1
2
3

Pursuant to the foregoing stipulation, and for good cause appearing therefore, it is
ordered that the Discovery Completion and Disclosure of Expert Witness date of September

4
5

30, 2015 is continued to February 28, 2016. The March 7, 2016, trial date is VACATED

6

and CONTINUED to September 19, 2016, at 9:00 a.m. The final pretrial conference is

7

continued to July 28, 2016, at 2:00 p.m.

8
9

Because of the continuance of the trial and the final pretrial conference, the
following dates are continued as well:

10
11

1.

The Joint Final Pretrial Conference Statement shall be filed not later than July

12

7, 2016.

13

2.

Trial briefs shall be filed not later than July 14, 2016.

14

3.

Any evidentiary or procedural motions are to be filed by July 7, 2016.

15

Oppositions must be filed by July 14, 2016, and any reply must be filed by July 21, 2016.

16
17
18
19

The motions will be heard by the Court at the same time as the Final Pretrial Conference.
IT IS SO ORDERED.
Dated: October 5, 2015

20
21
22
23
24
25
26
27
28
5

JOINT STATUS AND STIPULATION AND ORDER RE-SETTING DISCOVERY COMPLETION AND
DISCLOSURE OF EXPERT WITNESS, AND TRIAL DATES
Case No.: 2:13-cv-01831-MCE-CKD