The Mountain Club Owner's Association v. Graybar Electric Company, Inc.

Filing 39

STIPULATION AND ORDER signed by Senior Judge William B. Shubb on 4/2/2014 APPROVING and ADOPTING the parties' proposed deadlines; ORDERING Defendant Graybar Electric Company, Inc. to respond to the plaintiff's strict product liability claim fourteen (14) days after the plaintiff serves its Second Amended Complaint; CONTINUING the Scheduling Conference to 6/9/2014 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; ORDERING that a Joint Status Report be filed by 5/27/2014. (Michel, G)

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Michael B. Brown (SB #179222)
STOEL RIVES LLP
500 Capitol Mall, Suite 1600
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Thomas P. Berra, Jr. (pro hac vice)
Edward T. Pivin (pro hac vice)
LEWIS RICE & FINGERSH, L.C.
600 Washington Ave., Suite 2500
St. Louis, MO 63101
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendant
GRAYBAR ELECTRIC COMPANY, INC.

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THE MOUNTAIN CLUB OWNER’S
ASSOCIATION,

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Plaintiff,
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vs.
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GRAYBAR ELECTRIC COMPANY, INC., )
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Defendant.
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_____________________________________ )

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Case No. 2:13-CV-01835-WBS-KJN
STIPULATION & [PROPOSED] ORDER
TO CONTINUE RESPONSIVE
PLEADING DEADLINE, SCHEDULING
CONFERENCE, AND RELATED DATES

WHEREAS, the initial Scheduling Conference in this case is currently set for April 28,
2014 at 2:00 p.m. in courtroom 5 (WBS) before Judge William B. Shubb; and

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WHEREAS, Plaintiff Mountain Club Owner’s Association filed its First Amended

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Complaint on January 31, 2014, asserting two counts against Defendant Graybar Electric

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Company, Inc.: (1) “Count One – Strict Product Liability” and (2) “Count Two – Negligence”;

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and
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STIPULATION & ORDER TO CONTINUE RESPONSIVE PLEADING DEADLINE, SCHEDULING CONFERENCE, AND
RELATED DATES
75900959.1 0043714-00003

WHEREAS, Defendant filed a Motion to Dismiss Plaintiff’s First Amended Complaint on

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February 14, 2014; and

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WHEREAS, on March 25, 2014, the Court entered an Order granting Defendant’s Motion

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as to Count II (“Negligence”) and denying Defendant’s Motion as to Count I (“Strict Product

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Liability”). Plaintiff has twenty days from the date the Order was signed to file an amended

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complaint as to its negligence claim consistent with the Court’s Order, and Defendant has fourteen

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days from the date the Order was signed to respond to Plaintiff’s strict product liability claim; and

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WHEREAS, Plaintiff intends to file a Second Amended Complaint during the week of
April 7, 2014 asserting both strict product liability and negligence counts against Defendant; and

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WHEREAS, in the interest of efficiency, the parties have agreed that Defendant shall have

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fourteen days from the date Plaintiff files its Second Amended Complaint to plead or otherwise

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respond to Plaintiff’s strict product liability claim; and

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WHEREAS, the parties would have a more meaningful opportunity to meet and confer in

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preparation for filing a Joint Status Report and Scheduling Order after Defendant has had an

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opportunity to respond to Plaintiff’s Second Amended Complaint;

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THEREFORE, the parties respectfully request that (a) the deadline for Defendant to plead

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or otherwise respond to Plaintiff’s strict product liability claim be continued to fourteen (14) days

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after the date on which Plaintiff serves its Second Amended Complaint, and (b) the Scheduling

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Conference and related dates are continued thirty (30) days such that the date to meet and confer

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and file the Joint Status Report result in a date after Defendant has responded to Plaintiff’s Second

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Amended Complaint.

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IT IS HEREBY STIPULATED by the undersigned parties that Defendant Graybar Electric

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Company, Inc. shall plead or otherwise respond to Plaintiff’s strict product liability claim no later

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than fourteen (14) days after the date on which Plaintiff serves its Second Amended Complaint;

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and

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IT IS HEREBY FURTHER STIPULATED by the undersigned parties that the Scheduling

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Conference scheduled for April 28, 2014 at 2:00 p.m. in courtroom 5 (WBS) before Judge

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STIPULATION & ORDER TO CONTINUE RESPONSIVE PLEADING DEADLINE, SCHEDULING CONFERENCE, AND
RELATED DATES
75900959.1 0043714-00003

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William B. Shubb is continued to June 9, 2014, or as soon thereafter as the matter may be heard;

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and

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IT IS HEREBY FURTHER STIPULATED by the undersigned parties that the Joint Status
Report shall be filed no later than May 26, 2014.

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Dated: April 2, 2014

STOEL RIVES LLP

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By: /s/
Michael B. Brown
Attorney for Defendant, GRAYBAR ELECTRIC
COMPANY

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Dated: April 2, 2014

FORAN GLENNON PALANDECH PONZI &
RUDLOFF PC

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By: /s/
Diana R. Lotfi
DIANA R. LOTFI
Attorney for Plaintiff, THE MOUNTAIN CLUB
OWNER’S ASSOCIATION

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ORDER

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IT IS SO ORDERED THAT the stipulated responsive pleading and Joint Status Report
deadlines proposed by the parties are approved and adopted by this Court. The Scheduling
Conference shall be held on June 9, 2014 at 2:00 p.m. in Courtroom 5. A Joint Status Report
shall be filed no later than May 27, 2014.

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Dated: April 2, 2014

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STIPULATION & ORDER TO CONTINUE RESPONSIVE PLEADING DEADLINE, SCHEDULING CONFERENCE, AND
RELATED DATES
75900959.1 0043714-00003