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

Filing 16

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 04/30/15 ORDERING that all Discovery must be completed by 07/21/15. (Benson, A)

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PHILLIP J. MADDUX, ESQ. (SBN: 45579)
REYNOLDS MADDUX WOODWARD LLP
500 Auburn Folsom Road, Suite 210
Auburn, CA 95603
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant CTC SERVICES, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SIEMENS INDUSTRY, INC.,

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Plaintiff,

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No.

2:14-CV-00682-TLN-EFB

v.
CTC SERVICES, INC., and DOES
1 Through 20, inclusive,
Defendants.

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STIPULATION AND ORDER TO MODIFY
PRETRIAL SCHEDULING ORDER TO
EXTEND DEADLINE FOR COMPLETION
OF DISCOVERY

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This

Stipulation

is

made

between

Plaintiff

Siemens

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Industries, Inc. (“Plaintiff”) and Defendant CTC Services, Inc.

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(“Defendant”) in light of the following facts:

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WHEREAS, the court entered its Order re: Status (Pretrial
Scheduling) Conference on May 30, 2014 (“Order”), docket No. 11;
WHEREAS, pursuant to the Order, the parties are to complete
all discovery by May 22, 2015;
WHEREAS, the parties have initiated settlement discussions
between counsel;
WHEREAS, in furtherance of potential settlement, the Parties
engaged in mediation on April 20, 2015, with the assistance of
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STIPULATION AND ORDER TO MODIFY PRETRIAL SCHEDULING ORDER TO EXTEND DEADLINE FOR COMPLETION OF DISCOVERY

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Sacramento attorney and mediator Kenneth Malovos, Esq.;
WHEREAS, significant progress was made toward settlement at

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mediation,

but

the

Parties

need

additional

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time

to

determine

whether a settlement can be reached;

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WHEREAS, Defendant’s insurance carriers are not currently

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providing either a defense or potential indemnity to Defendant in

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this matter, but the Parties agree that grounds for such defense

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and

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obtaining

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indemnity
the

appear

to

exist and

cooperation

of

the

recognize
insurance

the

necessity

carriers

to

of

fully

resolve and/or settle Plaintiff’s damage claims;
WHEREAS,

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the

Parties

desire

to

focus

their

resources

on

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obtaining insurance coverage for the claims from either or both

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insurance carriers and to minimize expenditure of resources and

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reserves available to settle their dispute rather than incur costs

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of depositions and other discovery at this time, particularly with

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the final Status Conference not scheduled until October 19, 2015

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and Trial not scheduled until January 20, 2016;
WHEREAS,

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the

Parties

agree

that

it

would

be

in

their

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collective best interests to extend the deadline in the Order to

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complete discovery to July 21, 2015;

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WHEREAS, Plaintiff and Defendant agree to use the extension

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of time afforded by this Stipulation to explore and focus their

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efforts on insurance coverage and settlement of their dispute;
WHEREAS, the proposed stipulation for modification of the

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terms

of

resolution

the
of

Order
this

will
case

not
in

delay

the

or

event

prejudice

settlement

the

timely

negotiations

and/or further mediation prove unsuccessful inasmuch as this case
is not set for Trial until January 20, 2016 and the Parties are
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STIPULATION AND ORDER TO MODIFY PRETRIAL SCHEDULING ORDER TO EXTEND DEADLINE FOR COMPLETION OF DISCOVERY

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not seeking to change the Trial Date.
STIPULATION

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WHEREFORE, IT IS STIPULATED AND AGREED BY AND BETWEEN

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PLAINTIFF AND DEFENDANT THAT THE CLOSE OF DISCOVERY IS EXTENDED SO

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THAT ALL DISCOVERY MUST BE CONDUCTED SO AS TO BE COMPLETED NO

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LATER THAN JULY 21, 2015.

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IT IS SO STIPULATED.
Dated: April 27, 2015

REYNOLDS MADDUX WOODWARD LLP

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By:

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s/Phillip J. Maddux
Phillip J. Maddux
Attorneys for Defendant
CTC Services, Inc.

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Dated:

April 27, 2015

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TRACHTMAN & TRACHTMAN, LLP
By:

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s/Ryan M. Craig____________
as authorized 4/27/15
Benjamin R. Trachtman
Ryan M. Craig
Attorneys for Plaintiff
Siemens Industry, Inc.

IT IS SO ORDERED.
Dated:

April 30, 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 DEADLINE FOR COMPLETION OF DISCOVERY