Geosphere Consultants Inc v. Travelers Casualty & Surety Co. of America et al

Filing 18

STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 4/8/15 ORDERING that The date for completion of the discovery is EXTENDED for a period of forty-five (45) days to be completed by or before 6/2/2015. The date for hearing Motions to Compel Discovery, if any there may be, is EXTENDED for a period of forty-five (45) days, with said Motions to be heard by or before 6/2/2015. (Mena-Sanchez, L)

1 WILLIAM K. HURLEY, ESQ., SBN 116625
[e-mail]
2 CARRIE A. MACINTOSH, ESQ., SBN 294610
[e-mail]
3 MILLER, MORTON, CAILLAT & NEVIS, LLP
50 West San Fernando Street, Suite 1300
4 San Jose, California 95113
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for Plaintiff
Geosphere Consultants, Inc.
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12

UNITED STATES OF AMERICA for the
benefit of GEOSPHERE CONSULTANTS,
INC., a California corporation,
Plaintiffs,

13
14
15
16
17
18

No. 2:14-cv-02026-WBS-DAD
STIPULATION AND ORDER TO EXTEND
TIME FOR COMPLETION OF
DISCOVERY AND TIME TO FILE
MOTIONS TO COMPEL DISCOVERY

vs.
TRAVELERS CASUALTY & SURETY CO.
OF AMERICA, a Connecticut corporation;
BARNHART-BALFOUR BEATTY, INC., a
California corporation, and DOES 1 through
50,
Defendants.

19
20

MILLER, MORTON, CAILLAT & NEVIS, LLP
50 West San Fernando Street, Suite 1300
San Jose, CA 95113
Telephone: [phone]

21
22
23
24
25
26
27
28
1
STIPULATION AND [PROPOSED] ORDER TO EXTEND DATE FOR COMPLETION OF DISCOVERY AND
MOTIONS TO COMPEL DISCOVERY

1

PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE, RULE 6, AND

2 CIVIL LOCAL RULES 143 AND 144 IT IS HEREBY STIPULATED AMONG THE
3 PARTIES, BY AND THROUGH THEIR RESPECTIVE ATTORNEYS OF RECORD,
4 AS FOLLOWS:
5

WHEREAS, Plaintiff United States of America for the benefit of Geosphere

6 Consultants, Inc. (“Geosphere”) and Defendants Travelers Casualty and Surety Co. of America
7 (“Travelers”) and Barnhart-Balfour Beatty, Inc. (“Balfour Beatty”), collectively (“the
8 Parties”), have been ordered by this Court to complete discovery by or before April 17, 2015;
9

WHEREAS, this Court has further ordered that all motions to compel discovery, if any

10 there may be, be heard by or before April 17, 2015;
11

WHEREAS, the Parties have engaged in, and continue to engage in, good faith

12 settlement discussions;
13

WHEREAS, the Parties met and conferred via phone conference on April 1, 2015

14 regarding the status of settlement discussions, and are hopeful that settlement will be
15 imminently achieved;
16

WHEREAS, the Parties have determined that completing discovery by or before the

17 existing April 17, 2015 may result in unnecessary expenditure of time and resources, and may
18 hinder settlement discussions;
19

WHEREAS, the Parties have further determined that the existing deadline by which all

20 motions to compel discovery does not provide the Parties with time to propound, and respond

MILLER, MORTON, CAILLAT & NEVIS, LLP
50 West San Fernando Street, Suite 1300
San Jose, CA 95113
Telephone: [phone]

21 to discovery, and meet and confer in connection therewith prior to filing a motion to compel
22 discovery;
23

WHEREAS, the Parties have agreed to extend the date for completion of discovery and

24 the date for hearing of motions to compel discovery for a period of forty-five (45) days;
25

WHEREAS, the Parties acknowledge that, with the exception of the stipulated

26 extensions to deadlines for completion of discovery and for the hearing of motions to compel
27 discovery discussed herein, the remaining deadlines set by this Court’s Pre-Trial Scheduling
28 Order, entered on December 18, 2014, shall remain intact;
2
STIPULATION AND [PROPOSED] ORDER TO EXTEND DATE FOR COMPLETION OF DISCOVERY AND
MOTIONS TO COMPEL DISCOVERY

1

WHEREFORE THE PARTIES HEREBY STIPULATE AND AGREE AS

2 FOLLOWS:
3

The date for completion of the discovery is hereby extended for a period of forty-five

4 (45) days to be completed by or before June 2, 2015.
5

The date for hearing motions to compel discovery, if any there may be, is extended for

6 a period of forty-five (45) days, with said motions to be heard by or before June 2, 2015.
7
8 DATED: April 7, 2015
9
10

By: /s/ Carrie A. MacIntosh
Carrie A. MacIntosh
Attorney for Plaintiff
Geosphere Consultants, Inc.

11
DATED: April 7, 2015
12
13
14

By: /s/ Jason Thornton
Jason Thornton
Attorneys for Defendants
Travelers Casualty & Surety Co. of
America and Barnhart-Balfour Beatty

15
16
ORDER

17
18

Pursuant to the parties’ stipulation, IT IS SO ORDERED.

19 Dated: April 8, 2015
20

MILLER, MORTON, CAILLAT & NEVIS, LLP
50 West San Fernando Street, Suite 1300
San Jose, CA 95113
Telephone: [phone]

21
22
23 Ddad1\orders.civil
geosphere2026.stip.cont.sched.ord.docx
24
25
26
27
28
3
STIPULATION AND [PROPOSED] ORDER TO EXTEND DATE FOR COMPLETION OF DISCOVERY AND
MOTIONS TO COMPEL DISCOVERY