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

Filing 26

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 10/8/2015 ORDERING 25 Discovery Disclosure EXTENDED to 3/16/2016; Expert Disclosure no later than 3/24/2016; the Close of Expert Discovery no later than 5/5/2016; Pre-Trial Statements by 5/19/2016; Pretrial Conference Reset for 6/2/2016 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley; and Jury Trial Reset for 8/1/2016 at 09:00 AM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Reader, L)

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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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2:14-CV-00682-TLN-EFB

Plaintiff,

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No.

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

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STIPULATION AND ORDER TO MODIFY
PRETRIAL SCHEDULING ORDER TO
CONTINUE TRIAL DATE AND EXTEND
OTHER DEADLINES

Defendants.

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This Stipulation is made between Plaintiff Siemens Industry,
Inc. (“Plaintiff”) and Defendant CTC Services, Inc. (“Defendant”)
in light of the following facts:
WHEREAS, the Court entered its Order re: Status (Pretrial
Scheduling) Conference on May 30, 2014 (“Order”), Docket No. 11;
WHEREAS,
discussions

the

between

parties
counsel

have
and

conducted
in

ongoing

furtherance

of

settlement
potential

settlement, the Parties engaged in mediation on April 20, 2015,
with the assistance of Sacramento attorney and mediator Kenneth
Malovos, Esq.;
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STIPULATION AND ORDER TO MODIFY PRETRIAL SCHEDULING ORDER TO CONTINUE TRIAL
DATE AND EXTEND OTHER DEADLINES

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WHEREAS, significant progress was made toward settlement at
mediation, but the Parties need additional time to secure the
participation

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insurance

carrier

to

determine

whether

a

WHEREAS, Defendant’s insurance carriers have denied both a
duty to defend and potential indemnity to Defendant on the grounds
that they did not receive timely notice of Plaintiff’s claim in
this matter, but the Defendant gave timely notice to its insurance
broker, who failed to pass the notice on the Defendant’s insurance
carriers.

The Parties recognize the necessity of obtaining the

cooperation of Defendant’s insurance broker’s insurance carrier to
fully resolve and/or settle Plaintiff’s damage claims;

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an

settlement can be reached;

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of

WHEREAS,

Defendant

has

filed

suit

in

Sacramento

County

Superior Court against its insurance broker, who has obtained

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counsel

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obtaining the insurance broker’s insurance carrier’s participation

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in mediation in order 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 in this action and the action

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filed against defendant’s insurance broker;

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and

WHEREAS,

the

the

Parties

Parties

desire

agree

to

focus

that

it

their

would

resources

be

in

on

their

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collective best interests to continue the trial in this matter to

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August 1, 2016 at 9:00 a.m., the Final Pre-trial Conference to

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June 2, 2016 at 2:00 p.m., the Discovery Closure to March 16,

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20161, Expert Disclosure to March 24, 2016, the Expert Discovery

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Though Discovery shall be limited to those items which all counsel for the
Parties mutually agree to, and expressly is not meant or understood to be a
carte blanche re-opening of Discovery. CTC has requested the opportunity to
notice and take the depositions of Dennis Murray, Gordon Livermore, and the

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Closure to May 5, 2016 and the deadline for filing Pre-trial
Statements to May 19, 2016;
WHEREAS, Plaintiff and Defendant agree to use the extension
of time afforded by this Stipulation to explore and focus their
efforts on insurance coverage and settlement of their dispute
through the mediation process which they have already begun;
WHEREAS, the proposed stipulation for modification of the
terms of the Order will not significantly delay or prejudice the
timely

resolution

of

case

in

the

event

settlement

negotiations and/or further mediation prove unsuccessful inasmuch
as counsel have been informed by the Court that a criminal trial,
which has precedence over this matter, is currently set for trial
on January 20, 2016 and this matter will likely not proceed to
trial on the current Trial Date.

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this

STIPULATION
WHEREFORE,

IT

IS

STIPULATED

AND

AGREED

BY

AND

BETWEEN

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PLAINTIFF AND DEFENDANT THAT THE DISCOVERY DISCLOSURE BASED ON THE

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CONDITIONS EXPRESSLY SET FORTH ABOVE IS EXTENDED TO MARCH 16,

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2016, EXPERT DISCLOSURE IS EXTENDED SO THAT ALL EXPERTS MUST BE

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DISCLOSED AND EXPERT REPORTS SERVED NO LATER THAN MARCH 24, 2016,

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THE CLOSE OF EXPERT DISCOVERY IS EXTENDED SO THAT ALL EXPERT

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DISCOVERY

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DEADLINE FOR FILING PRE-TRIAL STATEMENTS IS EXTENDED SO THAT ALL

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PRE-TRIAL STATEMENTS MUST BE FILED NOT LATER THAN MAY 19, 2016,

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AND THAT THE PRETRIAL CONFERENCE BE CONTINUED TO JUNE 2, 2016 AT

MUST

BE

COMPLETED

NO

LATER

THAN

MAY

5,

2016,

THE

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person most knowledgeable for the storage conditions of the subject films,
after all options for mediation and settlement are exhausted and Siemens has
agreed to this limited discovery.

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2:00 P.M. AND THE TRIAL BE CONTINUED TO AUGUST 1, 2016 AT 9:00
A.M.
IT IS SO STIPULATED.
Dated: October 7, 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: October 7, 2015

TRACHTMAN & TRACHTMAN, LLP

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By:

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s/Ryan M. Craig____________
as authorized 09/28/15
Benjamin R. Trachtman
Ryan M. Craig
Attorneys for Plaintiff
Siemens Industry, Inc.

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IT IS SO ORDERED.
Dated:

October 8, 2015

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Troy L. Nunley
United States District Judge

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