Booth v. Thermacor Process Inc., et al

Filing 43

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr. on 3/10/2016 ORDERING that the Discovery Completion and Disclosure of Expert Witness date is CONTINUED to 8/12/2016. (Zignago, K.)

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Attorneys At Law

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

TRAINOR FAIRBROOK

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TRAINOR FAIRBROOK
MICHAEL S. MIDDLETON (SBN 161465)
[e-mail]
980 Fulton Avenue
Sacramento, California 95825
Telephone: [phone]
Facsimile: [phone]
mlr:5547001.1434877.1

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

MURO & LAMPE, INC.
MICHAEL A. FELSTED (SBN 227627)
[e-mail]
75 Iron Point Circle, Suite 155
Folsom, California 95630
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
FRANK M. BOOTH, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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

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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
JOINT STATUS REPORT AND
STIPULATION AND ORDER RESETTING DISCOVERY COMPLETION
AND DISCLOSURE OF EXPERT
WITNESS DATES
(Yolo County Superior Court Case
No. CV13-1298)
Trial Date: March 7, 2016

Defendants.

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JOINT STATUS REPORT AND STIPULATION AND ORDER RE-SETTING DISCOVERY COMPLETION &
DISCLOSURE OF EXPERT WITNESS DATES (Case No. 2:13-CV-01831-MCE-CKD)

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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.
The parties participated in private mediation with mediator Melissa Aliotti, on
February 24, 2016. The mediation involved the issues raised in Plaintiff’s Complaint, as well as

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

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

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Attorneys At Law

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

TRAINOR FAIRBROOK

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Though the mediation session on February 24, 2016 was not successful, the parties are
continuing settlement discussions through Ms. Aliotti. It is the intent of the parties to schedule a
further mediation with UC Davis, if necessary. The parties would anticipate that if a further

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mediation session is scheduled with The Regents of the University of California, it will take place
in March or April 2016.
STIPULATION

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

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

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Bender, II and Joe Keyes ("Defendants"), through their respective undersigned counsel, hereby
stipulate as follows:
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The parties have agreed to continue with the mediation process.

2.

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

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

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global settlement.

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3.

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

Completion date of February 28, 2016, as previously ordered by the Court in its October 5, 2015
Order, to August 12, 2016.
JOINT STATUS REPORT AND STIPULATION AND ORDER RE-SETTING DISCOVERY COMPLETION &
DISCLOSURE OF EXPERT WITNESS DATES (Case No. 2:13-CV-01831-MCE-CKD)

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4.

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

28, 2016 for the Disclosure of Expert Witnesses, as previously ordered by the Court in its
October 5, 2015 Order, to August 12, 2016.
5.

Trial is currently scheduled on September 19, 2016. The State Court action is

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

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State Court Action, the parties Stipulate that the February 28, 2016 cutoff dates for Discovery

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Completion and Disclosure of Expert Witnesses be continued to August 12, 2016. No parties will

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be prejudiced by vacating and re-setting the current dates set for the completion of Discovery and

Attorneys At Law

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

TRAINOR FAIRBROOK

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Disclosure of Expert Witnesses.
6.

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

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to the Court in that matter. The parties also agree that facsimile copies of signatures may be
submitted to the Court.
7.

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

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and Order Re-Setting Discovery Completion and Expert Witness Disclosure, may be heard on an

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ex parte basis.

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Dated: March 7, 2016

MURO & LAMPE, INC.

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By: /s/ Michael A. Felsted
MICHAEL A. FELSTED
Attorneys for Plaintiff
FRANK M. BOOTH, INC.

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Dated: March 7, 2016

TRAINOR FAIRBROOK

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

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JOINT STATUS REPORT AND STIPULATION AND ORDER RE-SETTING DISCOVERY COMPLETION &
DISCLOSURE OF EXPERT WITNESS DATES (Case No. 2:13-CV-01831-MCE-CKD)

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Dated: March 7, 2016

DOWNEY BRAND LLP

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

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Attorneys At Law

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

TRAINOR FAIRBROOK

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ORDER
Pursuant to the foregoing stipulation, and for good cause appearing therefor, it is ordered
that the Discovery Completion and Disclosure of Expert Witness date of February 28, 2016 is
continued to August 12, 2016.
IT IS SO ORDERED.
Dated: March 10, 2016

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JOINT STATUS REPORT AND STIPULATION AND ORDER RE-SETTING DISCOVERY COMPLETION &
DISCLOSURE OF EXPERT WITNESS DATES (Case No. 2:13-CV-01831-MCE-CKD)

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