California Capital Insurance Company v. Fasco Industries

Filing 17

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 12/4/15 ORDERING that the close of discovery is CONTINUED to 2/18/2016, and the disclosure of expert witnesses is CONTINUED to 3/4/2016. (Kastilahn, A)

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1 Law Offices of MATHENY SEARS LINKERT & JAIME, LLP 2 3 4 DOUGLAS A. SEARS, ESQ. (SBN 48646) JEFFREY E. LEVINE, ESQ. (SBN 255862) 3638 American River Drive Sacramento, California 95864 Telephone: (916) 978-3434 Facsimile: (916) 978-3430 5 6 Attorneys for Defendant, TECUMSEH PRODUCTS COMPANY dba VON WEISE USA, INC., fka FASCO INDUSTRIES, INC. 7 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 3638 AMERICAN RIVER DRIVE SACRAMENTO, CALIFORNIA 95864 LAW OFFICES OF MATHENY SEARS LINKERT & JAIME, LLP 8 11 CALIFORNIA CAPITAL INSURANCE COMPANY, 12 Plaintiff, 13 v. 14 15 FASCO INDUSTRIES, and DOES 1 through 20, inclusive, 16 Case No. 2:14-cv-02425-TLN-EFB STIPULATION AND ORDER CONTINUING CLOSE OF DISCOVERY FROM DECEMBER 3, 2015 UNTIL FEBRUARY 18, 2016; EXPERT DISCLOSURE FROM FEBRUARY 4, 2016 UNTIL MARCH 4, 2016 Defendant. 17 18 19 Plaintiff California Capital Insurance Company and Defendant Tecumseh Products 20 Company, through their respective counsel, respectfully request a continuance of the close of 21 discovery, motion hearing schedule, and final pre-trial conference deadlines due to the following. 22 RECITALS 23 1. On April 17, 2015 this Court entered its Pretrial Scheduling Order that, among 24 other things, provided that the Pretrial Scheduling Order would not be modified except by leave 25 of court upon a showing of good cause. This case is currently set for trial on November 14, 2016. 26 2. The parties believe good cause exists for a brief continuance of the current 27 December 3, 2015 close of discovery and February 4, 2016 deadline to disclose expert witnesses. 28 The parties recently agreed to privately mediate this case and have subsequently chosen a 1 STIPULATION AND ORDER CONTINUING DEADLINES 1 mediator. The parties are attempting to mediate this case prior to engaging in further discovery, 2 including expert discovery. 3 3. The brief continuance of the close of discovery and expert disclosure dates 4 proposed herein would allow the parties to efficiently prepare for a meaningful mediation 5 (without having to first incur the fees and costs of further discovery) and would not alter the 6 Court’s current November 14, 2016 trial date. 7 4. Accordingly, all parties agree that it is in the interests of justice and an efficient resolution of this case to extend that following deadlines: 9 Event Current Date New Date 10 3638 AMERICAN RIVER DRIVE SACRAMENTO, CALIFORNIA 95864 LAW OFFICES OF MATHENY SEARS LINKERT & JAIME, LLP 8 Close of Discovery December 3, 2015 February 18, 2016 11 Expert Disclosure February 4, 2016 March 4, 2016 12 STIPULATION 13 Based on the foregoing recitals, the parties hereby STIPULATE that: 14 1. The close of discovery is continued from December 3, 2014 until February 18, 2. The disclosure of expert witnesses is continued from February 4, 2016 until March 15 2016. 16 17 4, 2016. 18 19 3. All remaining dates and deadlines as set by the Court in its April 27, 2015 Pretrial Scheduling Order, are otherwise unaffected by this Stipulation and Proposed Order. 20 4. By entering into this stipulation, none of the parties waive any rights or arguments 21 that they may otherwise have with respect to their ability to request or oppose additional 22 continuances in this action if necessary. 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 2 STIPULATION AND ORDER CONTINUING DEADLINES 1 IT IS SO STIPULATED, THOUGH COUNSEL OF RECORD. 2 3 Dated: December 1, 2015 CULBRETH SCHROEDER, LLP 4 By: /s/ WILLIAM LOSCOTOFF, ESQ. WILLIAM LOSCOTOFF, ESQ. Attorneys for Plaintiff, CALIFORNIA CAPITAL INSURANCE COMPANY 5 6 7 MATHENY SEARS LINKERT & JAIME, LLP Dated: December 1, 2015 9 By: /s/ JEFFREY E. LEVINE, ESQ. JEFFREY E. LEVINE, ESQ. Attorneys for Defendant, TECUMSEH PRODUCTS COMPANY dba VON WEISE USA, INC., fka FASCO INDUSTRIES, INC. 10 3638 AMERICAN RIVER DRIVE SACRAMENTO, CALIFORNIA 95864 LAW OFFICES OF MATHENY SEARS LINKERT & JAIME, LLP 8 11 12 13 14 THE STIPULATION OF THE PARTIES IS APPROVED AND IT IS SO ORDERED. 15 16 17 Dated: December 4, 2015 18 19 20 Troy L. Nunley United States District Judge 21 22 23 24 25 26 27 28 3 STIPULATION AND ORDER CONTINUING DEADLINES

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