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

Filing 57

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 3/31/15 re: 56 MODIFYING 44 as follows: General Cable's Initial Disclosures due on or before 4/24/15; joinder of parties and filing amendments extended until 5/1/15; Expert Di sclosure reports due 8/24/15; Disclosure of Rebuttal Expert reports due 9/25/15; Discovery due 10/9/15; Date for the court hearing any discovery motions due 10/9/15; Date for filing motions, with stated exceptions due 10/23/15; Final Pretrial Confere nce set for 1/19/2016 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb., Jury Trial set for 3/8/2016 at *09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb.(Meuleman, A) *Modified on 3/31/2015 (Kirksey Smith, K).

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HASSARD BONNINGTON LLP
Philip S. Ward, Esq., SBN 51768
Joanna L. Storey, Esq., SBN 214952
275 Battery Street, Suite 1600
San Francisco, California 94111
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Third-Party Defendant
GENERAL CABLE CORPORATION

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THE MOUNTAIN CLUB OWNER’S
ASSOCIATION,

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vs.
GRAYBAR ELECTRIC COMPANY,
INC.,

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STIPULATION AND [PROPOSED]
ORDER MODIFYING STATUS
(PRETRIAL SCHEDULING)
ORDER

Plaintiff,

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

Defendant/ThirdParty Plaintiff,
vs.
GENERAL CABLE CORPORATION
Third-Party
Defendant

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The Mountain Club Owner’s Association (“Plaintiff”), defendant

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Graybar Electric Company, Inc. (“Graybar”) and Third-Party Defendant General Cable

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Corporation (“General Cable”) (collectively “the Parties”), by and through their

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respective counsel of record and pursuant to FED.R.CIV.PROC. 16(b)(4), hereby

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stipulate to modify the Court’s Status (Pretrial Scheduling) Order (Docket No. 44), as

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modified by the stipulations and orders reflected in Doc. Nos. 45, 46, 47 and 52, as
-1STIPULATION AND [PROPOSED] ORDER MODIFYING STATUS (PRETRIAL SCHEDULING) ORDER
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follows:

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WHEREAS, this is a products liability case in which Plaintiff claims that
an electric cable distributed or supplied by Graybar contained a manufacturing defect
that caused a fire on Plaintiff’s property (see Second Amend. Compl. Doc. No. 40, at
¶¶ 8-11); and
WHEREAS, this Court, after reviewing the parties’ Joint Status Report,
entered a Status (Pretrial Scheduling) Order (the “Order”) on June 2, 2014, establishing
various pleading and discovery deadlines and setting the case for a jury trial on
September 9, 2015 (Doc. No. 44); and
WHEREAS, the Order was modified in certain respects by subsequent
stipulations and orders (Doc. Nos. 45, 46, 47 and 52); and
WHEREAS, when the Order was entered, and subsequently modified,
General Cable was not a party to this action; and
WHEREAS, on February 3, 2015, Graybar filed a Third-Party Complaint
against General Cable alleging that General Cable manufactured the subject cable,
thereby entitling Graybar to contribution if not complete indemnity for any damages
awarded to Plaintiff; and
WHEREAS, on February 19, 2015, General Cable filed its answer to
Graybar’s Third-Party Complaint; and
WHEREAS, the parties other than General Cable have been in this case
for almost a year and one-half, with discovery (including site inspections and limited
destructive testing) ongoing; and
WHEREAS, the Parties agree that the Order should be modified to
provide General Cable with sufficient time to fairly participate in discovery and, if
necessary, file pretrial dispositive motions; and
WHEREAS, a scheduling order entered pursuant to FED. R. CIV.
PROC. 16(b) “may be modified only for good cause and with the judge’s consent.”

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-2STIPULATION AND [PROPOSED] ORDER MODIFYING STATUS (PRETRIAL SCHEDULING) ORDER
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FED. R. CIV. PROC. 16(b)(4); and

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WHEREAS, good cause exists to modify the Order to allow General
Cable to conduct discovery, including site inspections and testing/examination of the
subject cable, together with a reasonable opportunity to retain expert
consultants/witnesses to assist in its defense of the Third-Party Complaint; and

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WHEREAS, none of the Parties would be prejudiced by the requested
extensions set forth herein, and counsel for the Parties believe that the interests of
justice and efficiency would be served by an order revising the Order;

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NOW, THEREFORE, IT IS HEREBY STIPULATED by and between
the Parties, through their respective counsel and subject to the Court’s approval, that
good cause has been shown and the Order shall be modified as follows, subject to
further modification upon a good cause showing under FED. R. CIV. PROC. 16(b)(4):

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PROC. 26(a)(1) and (c) shall be due on or before April 24, 2015;

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2.

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4.

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Disclosure of Rebuttal Experts/Reports (FED. R. CIV. PROC.

26(a)(2)) shall be extended until September 25, 2015;

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Expert Disclosure/Reports (FED. R. CIV. PROC. 26(a)(2)) shall

be extended until August 24, 2015;

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The time for joinder of parties and filing amendments shall be

extended until May 1, 2015;

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General Cable’s Initial Disclosures pursuant to FED. R. CIV.

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The Discovery Completion date shall be extended until October 9,

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The date for the Court hearing any discovery motions shall be

2015;

extended until October 9, 2015;
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The date for filing motions, with stated exceptions, shall be

extended until October 23, 2015;
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The date for the Final Pretrial Conference shall be continued to

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-3STIPULATION AND [PROPOSED] ORDER MODIFYING STATUS (PRETRIAL SCHEDULING) ORDER
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January 19, 2016 at 2:00 p.m; and
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The trial date shall be continued from September 9, 2015 until

March 8, 2016 at 9:00 a.m.

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IT IS SO STIPULATED.
Dated: March 31, 2015

HASSARD BONNINGTON LLP

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/s/Philip S. Ward
________________________________
Philip S. Ward
Attorneys for Third-Party Defendant

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GENERAL CABLE CORPORATION

Dated: March 31, 2015

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FORAN GLENNON PALANDECH PONZI
AND RUDLOFF

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/s/Diana Roya Lotfi
(authorized on March 27, 2015)
________________________________
Diana Roya Lotfi
Attorneys for Plaintiff THE MOUNTAIN

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CLUB OWNER’S ASSOCIATION

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Dated: March 31, 2015

LEWIS RICE LLC

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/s/Thomas P. Berra, Jr.
(authorized on March 30, 2015)
________________________________
Thomas P. Berra, Jr.
Attorneys for Defendant and Third Party

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Plaintiff GRAYBAR ELECTRIC COMPANY,
INC.

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IT IS SO ORDERED.
Dated: March 31, 2015

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-4STIPULATION AND [PROPOSED] ORDER MODIFYING STATUS (PRETRIAL SCHEDULING) ORDER
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