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.)
1
2
3
4
5
6
7
8
9
Attorneys At Law
980 FULTON AVENUE
SACRAMENTO, CALIFORNIA 95825
Telephone: (916) 929-7000
Facsimile: (916) 929-7111
TRAINOR FAIRBROOK
10
11
12
TRAINOR FAIRBROOK
MICHAEL S. MIDDLETON (SBN 161465)
mmiddleton@trainorfairbrook.com
980 Fulton Avenue
Sacramento, California 95825
Telephone: (916) 929-7000
Facsimile: (916) 929-7111
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)
mweber@downeybrand.com
3425 Brookside Road, Suite A
Stockton, California 95219
Telephone: (209) 473-6450
Facsimile: (209) 473-6455
Attorneys for Defendants
RICHARD B. BENDER II and JOE KEYES
MURO & LAMPE, INC.
MICHAEL A. FELSTED (SBN 227627)
michael.felsted@muro-lampe.com
75 Iron Point Circle, Suite 155
Folsom, California 95630
Telephone: (916) 817-6300
Facsimile: (916) 817-6355
Attorneys for Plaintiff
FRANK M. BOOTH, INC.
13
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
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.
27
28
JOINT STATUS REPORT AND STIPULATION AND ORDER RE-SETTING DISCOVERY COMPLETION &
DISCLOSURE OF EXPERT WITNESS DATES (Case No. 2:13-CV-01831-MCE-CKD)
-1-
1
2
3
4
5
6
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
7
claims arising out of the related State Court matter, The Regents of the University of California v.
8
McGuire and Hester, et al., Yolo County Superior Court, Case No. CV13-383.
9
Attorneys At Law
980 FULTON AVENUE
SACRAMENTO, CALIFORNIA 95825
Telephone: (916) 929-7000
Facsimile: (916) 929-7111
TRAINOR FAIRBROOK
10
11
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
12
13
14
mediation session is scheduled with The Regents of the University of California, it will take place
in March or April 2016.
STIPULATION
15
16
Given the current status of this matter, Plaintiff Frank M. Booth, Inc., ("Plaintiff") and
17
Defendants Thermacor Process, LP, Thermacor Process, Inc. and Thermacor, LC, Richard B.
18
19
20
21
22
Bender, II and Joe Keyes ("Defendants"), through their respective undersigned counsel, hereby
stipulate as follows:
1.
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
23
matter will be to address this and the State Court claims simultaneously in hopes of reaching a
24
global settlement.
25
3.
26
27
28
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)
-2-
1
2
3
4
5
6
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
7
State Court Action, the parties Stipulate that the February 28, 2016 cutoff dates for Discovery
8
Completion and Disclosure of Expert Witnesses be continued to August 12, 2016. No parties will
9
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: (916) 929-7000
Facsimile: (916) 929-7111
TRAINOR FAIRBROOK
10
11
Disclosure of Expert Witnesses.
6.
The parties agree that this Stipulation may be signed in counterparts and submitted
12
13
14
15
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
16
and Order Re-Setting Discovery Completion and Expert Witness Disclosure, may be heard on an
17
ex parte basis.
18
Dated: March 7, 2016
MURO & LAMPE, INC.
19
20
By: /s/ Michael A. Felsted
MICHAEL A. FELSTED
Attorneys for Plaintiff
FRANK M. BOOTH, INC.
21
22
23
Dated: March 7, 2016
TRAINOR FAIRBROOK
24
25
26
27
By: /s/ Michael S. Middleton
MICHAEL S. MIDDLETON
Attorneys for Defendants
THERMACOR PROCESS, LP,
THERMACOR PROCESS, INC. and
THERMACOR, L.C.
28
JOINT STATUS REPORT AND STIPULATION AND ORDER RE-SETTING DISCOVERY COMPLETION &
DISCLOSURE OF EXPERT WITNESS DATES (Case No. 2:13-CV-01831-MCE-CKD)
-3-
1
Dated: March 7, 2016
DOWNEY BRAND LLP
2
3
By: /s/ Matthew J. Weber
MATTHEW J. WEBER
Attorneys for Defendants
RICHARD B. BENDER II and JOE
KEYES
4
5
6
7
8
9
Attorneys At Law
980 FULTON AVENUE
SACRAMENTO, CALIFORNIA 95825
Telephone: (916) 929-7000
Facsimile: (916) 929-7111
TRAINOR FAIRBROOK
10
11
12
13
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
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
JOINT STATUS REPORT AND STIPULATION AND ORDER RE-SETTING DISCOVERY COMPLETION &
DISCLOSURE OF EXPERT WITNESS DATES (Case No. 2:13-CV-01831-MCE-CKD)
-4-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?