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

Filing 61

ORDER signed by Magistrate Judge Kendall J. Newman on 8/4/15. General Cable is directed to perform cable replacement in accordance with this order; the parties shall meet and confer regarding potential dates and cooperate in good faith; General Cable shall bear the reasonable costs as discussed in detail at the telephonic conference; if the parties wish to modify the pretrial scheduling order they shall submit a joint proposed schedule. (Manzer, C)

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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,
Plaintiff,

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No. 2:13-cv-1835-WBS-KJN

ORDER
v.
GRAYBAR ELECTRIC COMPANY,
INC.,
Defendant.

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On July 30, 2015, the court, at the parties’ request, conducted an informal discovery

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teleconference in this matter. Diana Lofti appeared on behalf of plaintiff The Mountain Club

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Owner’s Association (“Mountain Club”) and Philip Ward appeared on behalf of Third-Party

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Defendant General Cable Corporation (“General Cable”). For the reasons discussed with the

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parties at the teleconference, IT IS HEREBY ORDERED that:

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1. General Cable may remove a length of originally-installed electric armored cable

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located in the void space above two layers of sheetrock in the ceiling of Unit 327

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which is connected to the suspended light fixture in that unit, and shall then replace

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the length of cable with an appropriate electric cable in compliance with all applicable

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codes. General Cable shall bear the costs related to removal of the cable and restoring

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the property to its original condition subsequent to the removal. The parties shall
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further meet and confer regarding (a) the procedure for selecting the electrician and

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other appropriate contractors to perform the removal and restoration; (b) any necessary

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certifications or indemnifications for the work and restoration to be performed; and (c)

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the protocol for testing any removed cable, including which party(ies) will have

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custody of the removed cable.
2. General Cable’s requests to cut a hole in, or remove a section of, two layers of

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sheetrock ceiling in Unit 327 and the plywood sheeting in the attic space above Unit

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327 to permit physical entry and visual inspection of the spaces above those structures

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are denied without prejudice at this time. However, Mountain Club shall promptly

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produce to General Cable any photos that its expert took of Unit 314, and both parties

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may have electricians, construction engineers, and other appropriate experts present at

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the inspection of the units. If the photos of Unit 314 or the visual inspection of Units

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314 or 327 provide some reasonable indication that there is any electric cable or other

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wiring contained in the spaces above the above-mentioned structures, General Cable

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may be entitled to physically enter and inspect such spaces. In that event, the parties

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and their experts shall meet and confer regarding the most appropriate method of

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facilitating such an inspection.

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3. The parties shall meet and confer regarding potential dates for the inspection and

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testing of Units 314 and 327, and cooperate in good faith to reserve the units for the

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selected date(s).

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4. General Cable shall bear the reasonable costs of using the subject units during the

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selected date(s), as discussed in greater detail at the telephonic conference.

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5. If the parties wish to modify the pretrial scheduling order, they shall jointly submit to

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the court a new set of proposed scheduling deadlines, bearing in mind that such new

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proposed deadlines shall not modify the final pretrial conference or trial dates.

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IT IS SO ORDERED.
Dated: August 4, 2015

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