Siemens Industry, Inc. v. CTC Services, INC.

Filing 14

STIPULATION AND ORDER signed by District Judge Troy L. Nunley on 4/16/2015 ORDERING 13 the parties shall disclose experts and produce reports in accordance with FRCP 26(a)(2) no later than 8/14/2015, Expert testiomony and reports intended solely for rebuttal purposes shall be disclosed and reports produced in accordance with FRCP 9/4/2015; all expert discovery shall be conducted so as to be completed by 9/21/2015. (Reader, L)

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Benjamin R. Trachtman, Esq. [SBN 137458]
[e-mail]
Ryan M. Craig, Esq. [SBN 220648]
[e-mail]
TRACHTMAN & TRACHTMAN, LLP
23046 Avenida De La Carlota, Suite 300
Laguna Hills, CA 92653
Telephone: [phone]
Facsimile: [phone]

Attorneys for Plaintiff SIEMENS INDUSTRY, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DIVISION OF CALIFORNIA, SACRAMENTO DIVISION

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SIEMENS INDUSTRY, INC.,
Plaintiff,

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vs.

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CASE NO.: 2:14−CV−00682−TLN−EFB

CTC SERVICES, INC.,
Defendants.

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STIPULATION AND ORDER TO MODIFY
PRETRIAL SCHEDULING ORDER TO
EXTEND DEADLINES PERTAINING TO
EXPERT DISCOVERY AND EXPERT
DISCOVERY CUT-OFF

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This Stipulation is made by and between Plaintiff Siemens Industry, Inc.

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(“Plaintiff”) and Defendant CTC Services, Inc. (“Defendant”), in light of the following

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facts:

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RECITALS
WHEREAS, this Court entered its Order re: Status (Pretrial Scheduling)
Conference on May 30, 2014 (“Order”), Docket Number 11;

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WHEREAS, pursuant to the Order, the parties are to disclose experts and to

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produce expert reports in accordance with Federal Rule of Civil Procedure 26(a)(2) no

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later than April 22, 2015 and with regard to expert testimony intended solely for rebuttal

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on or before May 22, 2015 and with all discovery to be completed by May 22, 2015;

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STIPULATION AND ORDER TO MODIFY PRETRIAL SCHEDULING ORDER TO EXTEND
DEADLINES PERTAINING TO EXPERT DISCOVERY AND EXPERT DISCOVERY CUT-OFF

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WHEREAS, the Parties have initiated discussions for potential settlement
amongst counsel;

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WHEREAS, in furtherance of potential settlement, the Parties have scheduled a

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mediation for April 20, 2015, engaging the services of Mediator Kenneth Malovos,

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Esq., but need additional time to determine whether a settlement can be reached in

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this case;

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WHEREAS, the Parties recognize that the insurance policies procured by

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Defendant for the claims being made by Plaintiff are not currently providing a defense

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to Defendant, and the Parties recognize the necessity of obtaining the cooperation for

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coverage from the applicable insurance carriers to fully resolve the alleged damages

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from Plaintiff;

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WHEREAS, the Parties desire to focus their resources on obtaining insurance

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coverage for the claims from either or both involved policies and carriers and to

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minimize expenditure of resources and reserve available moneys to settle their dispute

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rather than incur costs on expert reports and expert discovery at this time, particularly

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with the Final Status Conference not scheduled until October 19, 2015 and the Trial not

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scheduled until January 20, 2016;

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WHEREAS, the Parties agree that it would be in their collective best interests to
extend the current deadlines contained in the Order as follows:

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(a) The deadline to disclose experts and produce reports in accordance

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with Federal Rule of Civil Procedure 26(a)(2) to be extended from April 22, 2015 to

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August 14, 2015;

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(b)

The deadline to disclose expert testimony and produce reports

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intended solely for rebuttal purposes in accordance with Federal Rule of Civil

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Procedure 26(a)(2) shall be extended from May 22, 2015 to September 4, 2015;

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(c) All expert discovery, as set forth in the Court’s Order, shall be so
conducted so as to be completed by September 21, 2015;

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STIPULATION AND ORDER TO MODIFY PRETRIAL SCHEDULING ORDER TO EXTEND
DEADLINES PERTAINING TO EXPERT DISCOVERY AND EXPERT DISCOVERY CUT-OFF

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WHEREAS, Plaintiff and Defendant agree to use the extension of time afforded

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by this Stipulation to explore and focus efforts on coverage and settlement of their

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dispute;

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WHEREAS, the proposed stipulated modification of the terms Court’s May 30,

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2014 Order will not delay or prejudice the timely resolution of this case in the event the

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settlement negotiations prove unsuccessful inasmuch as this case is not set for Trial

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until January 20, 2016, and the Parties are not seeking to change the Trial Date.
STIPULATION

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WHEREFORE, IT IS STIPULATED AND AGREED BY AND BETWEEN
PLAINTIFF AND DEFENDANT THAT:
(a) The parties shall disclose experts and produce reports in accordance with
Federal Rule of Civil Procedure 26(a)(2) no later than August 14, 2015;

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(b) Expert testimony and reports intended solely for rebuttal purposes shall be

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disclosed and reports produced in accordance with Federal Rule of Civil Procedure

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26(a)(2) on or before September 4, 2015; and

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(c) All expert discovery shall be conducted so as to be completed by September
21, 2015.
IT IS SO STIPULATED.
DATED: April 14, 2015

TRACHTMAN & TRACHTMAN, LLP

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By:___/s/___________________________
Benjamin R. Trachtman
Ryan M. Craig
23046 Avenida De La Carlota, Suite 300
Laguna Hills, CA 92653
Email: [e-mail]
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff SIEMENS INDUSTRY,
INC.

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STIPULATION AND ORDER TO MODIFY PRETRIAL SCHEDULING ORDER TO EXTEND
DEADLINES PERTAINING TO EXPERT DISCOVERY AND EXPERT DISCOVERY CUT-OFF

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DATED: April 14, 2015

REYNOLDS MADDUX, LLP

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By:___
_____________________________
Phillip J. Maddux
500 Auburn Folsom Road, Suite 210
Auburn, CA 95603
Email: [e-mail]
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant CTC SERVICES,
INC.

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IT IS SO ORDERED.
Dated: April 16, 2015

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Troy L. Nunley
United States District Judge

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STIPULATION AND ORDER TO MODIFY PRETRIAL SCHEDULING ORDER TO EXTEND
DEADLINES PERTAINING TO EXPERT DISCOVERY AND EXPERT DISCOVERY CUT-OFF