Booth v. Thermacor Process Inc., et al

Filing 45

ORDER signed by District Judge Morrison C. England, Jr. on 5/23/16 ORDERING that the Trial Date of 9/19/16, the Discovery Completion and Disclosure of Expert Witness dates of 8/12/16, and all related dates are hereby VACATED. A new trial will be set, if necessary, upon completion of the State Court Action. Not later than 1/2/17, the parties are directed to file a further joint status report. (Jackson, T)

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A t t or n e y s A t L a w

980 FULT ON AVENUE
SACRAMENT O, CALIFO RNIA 95825
Telephone: [phone]
Facs imile: (916) 929- 7111

TRAINOR FAI RBROOK

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TRAINOR FAIRBROOK
MICHAEL S. MIDDLETON (SBN 161465)
[e-mail]
980 Fulton Avenue
Sacramento, California 95825
Telephone: [phone]
Facsimile: [phone]
mlr:5547001.1449145.1

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 STIPULATION AND ORDER
CONTINUING TRIAL DATE AND
DISCOVERY COMPLETION DATES
(Yolo County Superior Court Case
No. CV13-1298)
Trial Date: September 19, 2016

Defendants.

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JOINT STIPULATION AND ORDER CONTINUING TRIAL DATE AND DISCOVERY
COMPLETION 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 Stipulation Continuing Trial Date and Discovery Completion Dates.
The parties participated in private mediation with mediator Melissa Aliotti, on February
23, 2016 and February 24, 2016. The mediation involved the issues raised in Plaintiff’s

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

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

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CV13-383.

A t t or n e y s A t L a w

980 FULT ON AVENUE
SACRAMENT O, CALIF ORNIA 95825
Telephone: [phone]
Facs imile: (916) 929- 7111

TRAINOR FAI RBROOK

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Though the mediation session on February 24, 2016 was not successful, the parties are
continuing settlement discussions through Ms. Aliotti. The parties scheduled a further mediation

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with UC Davis for July 19, 2016 and/or July 20, 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

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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

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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 the September 19, 2016 Trial

Date, the Discovery Completion Date of August 12, 2016, and the Disclosure of Expert Witness
Date of August 12, 2016, as previously ordered by the Court in its March 11, 2016 Order.

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JOINT STIPULATION AND ORDER CONTINUING TRIAL DATE AND DISCOVERY
COMPLETION DATES (Case No. 2:13-CV-01831-MCE-CKD)

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4.

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

scheduled for Trial on November 14, 2016. In an effort to maintain judicial economy and
possibly resolve the State Court Action, the parties Stipulate that the September 19, 2016 Trial
Date, the Discovery Completion Date and Disclosure of Expert Witness Date be vacated and reset
to a date following the November 14, 2016 State Court action. No parties will be prejudiced by

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vacating and re-setting the current Trial Date, completion of Discovery and Disclosure of Expert

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Witnesses.

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Dated: May 17, 2016

MURO & LAMPE, INC.

A t t or n e y s A t L a w

980 FULT ON AVENUE
SACRAMENT O, CALIF ORNIA 95825
Telephone: [phone]
Facs imile: (916) 929- 7111

TRAINOR FAI RBROOK

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

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Dated: May 17, 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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Dated: May 17, 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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JOINT STIPULATION AND ORDER CONTINUING TRIAL DATE AND DISCOVERY
COMPLETION DATES (Case No. 2:13-CV-01831-MCE-CKD)

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ORDER
Pursuant to the foregoing stipulation, and for good cause appearing therefor, it is ordered
that the Trial Date of September 19, 2016, the Discovery Completion and Disclosure of Expert
Witness dates of August 12, 2016, and all related dates are hereby VACATED. A new trial will
be set, if necessary, upon completion of the State Court Action. Not later than January 2, 2017,
the parties are directed to file a further joint status report.
IT IS SO ORDERED.
Dated: May 23, 2016

A t t or n e y s A t L a w

980 FULT ON AVENUE
SACRAMENT O, CALIF ORNIA 95825
Telephone: [phone]
Facs imile: (916) 929- 7111

TRAINOR FAI RBROOK

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JOINT STIPULATION AND ORDER CONTINUING TRIAL DATE AND DISCOVERY
COMPLETION DATES (Case No. 2:13-CV-01831-MCE-CKD)

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