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

Filing 52

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 2/18/15: Designation of Expert Witnesses due by 4/17/2015. With regard to expert testimony intended solely for rebuttal, those experts shall be disclosed and reports produced on or before May 1, 2015. (Kaminski, H)

1
2
3
4
5
6
7
8
9
10
11

DIANA R. LOTFI, ESQ. (SBN 252892)
FORAN GLENNON PALANDECH PONZI & RUDLOFF PC
450 Newport Center Drive, Suite 630
Newport Beach, CA 92660
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiff THE MOUNTAIN CLUB OWNER’S
ASSOCIATION
Michael B. Brown (SB #179222)
STOEL RIVES LLP
500 Capitol Mall, Suite 1600
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorney for Defendant / Third-Party Plaintiff GRAYBAR
ELECTRIC COMPANY, INC.

12

UNITED STATES DISTRICT COURT

13

FOR THE EASTERN DISTRICT OF CALIFORNIA

14
15

THE MOUNTAIN CLUB OWNER’S
ASSOCIATION,

STIPULATION & ORDER TO MODIFY
PRETRIAL SCHEDULING ORDER TO
CONTINUE DEADLINES PERTAINING
TO EXPERT WITNESSES

Plaintiff,

16
17

Case No.: 2:13-CV-01835-WBS-KJN

v.
GRAYBAR ELECTRIC COMPANY, INC.,

18
19
20
21

Defendant / Third-Party Plaintiff,
v.
GENERAL CABLE CORPORATION,
Third-Party Defendant.

22
23

COME NOW, Plaintiff, The Mountain Club Owners Association (“Plaintiff”), and

24

Defendant, Graybar Electric Company, Inc. (“Defendant” or “Graybar”), by and through their

25
26
27

respective undersigned counsel, and pursuant to FED. R. CIV. P. 16(b)(4) stipulate to modify the
Court’s Status (Pretrial Scheduling) Order of June 2, 2014 (Doc. # 44), to continue deadlines
pertaining to expert witnesses. Good cause exists for the requested modification.

28
1
STIPULATION & ORDER TO MODIFY PRETRIAL SCHEDULING ORDER TO CONTINUE DEADLINES PERTAINING
TO EXPERT WITNESSES

1

WHEREAS, this is a products liability case in which Plaintiff claims that an electric cable

2

distributed or supplied by Graybar contained a manufacturing defect that caused a fire on

3

Plaintiff’s property (see Second Amend. Compl. Doc. # 40, at ¶¶ 8-11);

4

WHEREAS, this Court, after reviewing the parties’ Joint Status Report, entered a Status

5

(Pretrial Scheduling) Order (the “Scheduling Order”) on June 2, 2014, establishing various

6

pleading and discovery deadlines and setting the case for a jury trial on September 9, 2015 (Doc. #

7

44);

8

WHEREAS, pursuant to the Scheduling Order, the parties have until February 20, 2015 to

9

disclose experts and produce reports, and with regard to expert testimony intended solely for

10

rebuttal, the parties shall disclose and produce reports on or before March 13, 2015;

11

WHEREAS, Defendant Graybar, as a result of information recently learned through

12

discovery, filed a third party Complaint for equitable indemnity against General Cable

13

Corporation (“General Cable”), the manufacturer of the electric cable at issue, on February 3,

14

2015 (see Doc. #: 49);

15

WHEREAS, Defendant Graybar, pursuant to FED. R. CIV. P. 4(d), notified General Cable

16

in writing of Graybar’s claims against it on February 10, 2015, and requested that General Cable

17

return an executed waiver of service of summons for the Third-Party Complaint on or before

18

March 12, 2015;

19

WHEREAS, it is Graybar’s position that joinder of General Cable as a third-party

20

defendant in this matter and as the manufacturer of the electric cable at issue necessitates a

21

comprehensive modification of the Scheduling Order, including a continuance of the current trial

22

date;

23
24

WHEREAS, it is Plaintiff’s position that continuance of the current trial date is not
warranted at this time;

25

WHEREAS, in light of the foregoing, it is agreed that immediately pending deadlines

26

pertaining to expert witnesses should be continued to accommodate the joinder of General Cable

27

and allow the parties (including General Cable) time to meet and confer regarding more

28

comprehensive modifications to the Scheduling Order;
2
STIPULATION & ORDER TO MODIFY PRETRIAL SCHEDULING ORDER TO CONTINUE DEADLINES PERTAINING
TO EXPERT WITNESSES

1
2

WHEREAS, a scheduling order entered pursuant to RULE 16(b) “may be modified only for
good cause and with the judge’s consent.” FED. R. CIV. P. 16(b)(4);

3

WHEREAS, good cause exits to continue deadlines pertaining to expert witnesses in that

4

Graybar has recently impleaded General Cable as a third-party defendant in this action and

5

additional time is necessary to accommodate the addition of that new party and for the parties to

6

meet and confer regarding more comprehensive modifications to the Scheduling Order;

7

WHEREAS, it is agreed that, to address immediately pending deadlines and to allow the

8

parties additional time to meet and confer, the deadline to disclose experts and produce reports be

9

continued to April 17, 2015 and the date to disclose rebuttal experts and produce reports be

10

continued to May 1, 2015;

11

WHEREAS, neither party would be prejudiced by the requested extension set forth herein,

12

and counsel for the parties believe that the interests of justice and efficiency would be served by

13

an Order granting the requested extensions;

14

WHEREAS, pursuant to the Court’s Order, “[a]ny requests to modify the dates or terms of

15

[the] Scheduling Order, except requests to change the date of the trial, may be heard and decided

16

by the assigned Magistrate Judge.” (Doc. # 44 at § IX); and

17

WHEREAS, the instant stipulation does not include a request to continue the trial date,

18

currently scheduled for September 9, 2015; however, Defendant Graybar believes that a new trial

19

date is necessary given the joinder of General Cable and, therefore, reserves its right to seek a

20

comprehensive revision of the current Scheduling Order, including continuance of the trial date,

21

after the parties, including General Cable, have an opportunity to meet and confer.

22

THEREFORE, the parties respectfully request that the deadline to disclose experts and

23

produce reports be continued to April 17, 2015 and the date to disclose rebuttal experts and

24

produce reports be continued to May 1, 2015.

25

IT IS HEREBY STIPULATED by the undersigned that the parties shall disclose experts

26

and produce reports in accordance with FEDERAL RULE OF CIVIL PROCEDURE 26(a)(2) by no later

27

than April 17, 2015. With regard to expert testimony intended solely for rebuttal, those experts

28
3
STIPULATION & ORDER TO MODIFY PRETRIAL SCHEDULING ORDER TO CONTINUE DEADLINES PERTAINING
TO EXPERT WITNESSES

1

shall be disclosed and reports produced in accordance with FEDERAL RULE OF CIVIL PROCEDURE

2

26(a)(2) on or before May 1, 2015.

3
4
5
6

Dated: February 17, 2015

STOEL RIVES LLP

7
By:/s/ Michael B. Brown
Michael B. Brown
Attorney for Defendant
GRAYBAR ELECTRIC COMPANY, INC.

8
9
10

Dated: February 17, 2015

FORAN GLENNON PALANDECH PONZI &
RUDLOFF PC

11
12

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

13
14
15

ORDER

16
17
18

IT IS SO ORDERED THAT, good cause having been shown, the stipulated deadlines

19

proposed by the parties are approved and adopted by this Court. The parties shall disclose experts

20

and produce reports in accordance with FEDERAL RULE OF CIVIL PROCEDURE 26(a)(2) by no later

21

than April 17, 2015. With regard to expert testimony intended solely for rebuttal, those experts

22

shall be disclosed and reports produced in accordance with FEDERAL RULE OF CIVIL PROCEDURE

23

26(a)(2) on or before May 1, 2015.

24
25

Dated:

February 18, 2015

26
27
28
4
STIPULATION & ORDER TO MODIFY PRETRIAL SCHEDULING ORDER TO CONTINUE DEADLINES PERTAINING
TO EXPERT WITNESSES