Shasta Linen Supply, Inc. v. Applied Underwriters, Inc. et al
Filing
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STIPULATION AND ORDER signed by Senior Judge William B. Shubb on 7/6/2017 ORDERING the defendants to answer, move or otherwise respond to the #56 Second Amended Complaint by 8/10/2017; ORDERING the plaintiffs to file an opposition/reply to counterclaim by 9/14/2017; ORDERING the defendants to file any opposition by 10/5/2017; ORDERING the parties to disclose experts by 10/31/2018 and to disclose rebuttal experts by 11/28/2018; ORDERING that fact discovery be completed by 9/28/2018 and that all discovery, including the filing of any discovery motions, be completed by 1/31/2019; ORDERING that the Motion for Class Certification be filed by 2/22/2018; ORDERING that the opposition to said motion be filed by 4/6/2018; ORDERING that any reply be filed by 5/7/2018; ORDERING that any other motions be filed by 1/31/2019; CONTINUING the Final Pretrial Conference to 4/15/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; CONTINUING the Jury Trial to 6/11/2019 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Michel, G.)
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SPENCER Y. KOOK (SBN 205304)
skook@hinshawlaw.com
HINSHAW & CULBERTSON LLP
633 West 5th Street
Forty-Seventh Floor
Los Angeles, CA 90071
Telephone:
(213) 680-2800
Facsimile:
(213) 614-7399
TRAVIS R. WALL (SBN 191662)
twall@hinshawlaw.com
HINSHAW & CULBERTSON LLP
One California Street, 18th Floor
San Francisco, CA 94111
Telephone:
(415) 362-6000
Facsimile:
(415) 834-9070
Attorneys for Defendants
APPLIED UNDERWRITERS INC., APPLIED UNDERWRITERS CAPTIVE RISK ASSURANCE
COMPANY, INC., CALIFORNIA INSURANCE COMPANY, INC., and APPLIED RISK
SERVICES, INC.
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION
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PET FOOD EXPRESS LTD., a California
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corporation and all those similarly situated
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and ALPHA POLISHING, INC. d/b/a
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GENERAL PLATING CO.,
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Plaintiffs,
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vs.
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APPLIED UNDERWRITERS INC.,
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APPLIED UNDERWRITERS CAPTIVE
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RISK ASSURANCE COMPANY, INC.,
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CALIFORNIA INSURANCE COMPANY,
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INC., and APPLIED RISK SERVICES, INC. )
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Defendants.
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SHASTA LINEN SUPPLY, INC., a
California corporation and all those similarly
situated, and ALPHA POLISHING, INC.
d/b/a GENERAL PLATING CO.,
Plaintiffs,
vs.
APPLIED UNDERWRITERS INC.,
APPLIED UNDERWRITERS CAPTIVE
RISK ASSURANCE COMPANY, INC.,
CALIFORNIA INSURANCE COMPANY,
INC., and APPLIED RISK SERVICES, INC.,
Defendants.
Case No. 2:16-CV-00158-WBS-AC
STIPULATION AND [PROPOSED] ORDER
CONSOLIDATING RELATED ACTIONS
FOR PRE-TRIAL PURPOSES AND
MODIFYING SCHEDULING ORDER
Judge William B. Shubb
Case No. 2:16-CV-01211-WBS-AC
STIPULATION AND [PROPOSED] ORDER
CONSOLIDATING RELATED ACTIONS
FOR PRE-TRIAL PURPOSES AND
MODIFYING SCHEDULING ORDER
Judge William B. Shubb
STIPULATION TO EXTEND DEADLINES; [PROPOSED] ORDER
Case No. 2:16-cv-01211-WBS-AC
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STIPULATION AND [PROPOSED] ORDER CONSOLIDATING RELATED ACTIONS
FOR PRE-TRIAL PURPOSES AND MODIFYING CASE SCHEDULE
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Whereas, there are two related class action lawsuits filed in this district, Shasta Linen Supply,
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Inc. v. Applied Underwriters, Inc., Case No. 2:16-cv-00158-WBS-AC and Pet Food Express Ltd. v.
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Applied Underwriters, Inc., Case No. 2:16-cv-0211-WBS-AC; both actions are putative class actions
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involving the same parties and similar claims;
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Whereas, on June 21, 2017, the Plaintiffs in both actions filed amended complaints that are
essentially identical and that, among other changes, add a new civil RICO claim;
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Whereas, the amended complaint in the Pet Food action also added a new plaintiff, Alpha
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Polishing, Inc. d/b/a General Plating Co., and a new defendant, Applied Risk Services, Inc.; with the
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addition of Applied Risk Services, Inc. to the Pet Food action, the defendants in both actions are the
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same;
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Whereas, consolidation of these related actions will promote judicial economy, avoid
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duplicative law and motion and discovery proceedings, and streamline adjudication of these matters;
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Whereas, the current scheduling orders in both cases set the following deadlines:
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Discovery
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Expert disclosures:
April 30, 2018
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Rebuttal expert disclosures:
May 31, 2018
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Completion of fact discovery:
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Completion of all discovery:
June 29, 2018
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Discovery motions filed:
June 29, 2018
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Motion Hearing Schedules
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Filing of motions for class certification:
August 21, 2017
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Opposition to class certification motion:
October 6, 2017
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Reply to opposition:
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All other motions to be filed by:
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Trial Deadlines
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Final Pretrial Conference:
March 30, 2018
November 6, 2017
July 31, 2018
October 9, 2018
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STIPULATION TO EXTEND DEADLINES; [PROPOSED] ORDER
Case No. 2:16-CV-01211-WBS-AC
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Trial:
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Whereas, the parties in both actions previously requested, and the Court granted, extensions
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of the deadline to file amended pleadings as a matter of right, but the parties have not requested
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changes to any other deadline set by the Court.
December 11, 2018
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IT IS HEREBY STIPULATED by the parties, through their counsel of record, that:
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1.
Pursuant to Rule 42(a) of the Federal Rules of Civil Procedure, the cases captioned
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Shasta Linen Supply, Inc. v. Applied Underwriters, Inc., Case No. 2:16-cv-00158-WBS-AC and Pet
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Food Express Ltd. v. Applied Underwriters, Inc., Case No. 2:16-cv-0211-WBS-AC are consolidated
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for pre-trial purposes only but not for the purposes of trial. The parties reserve the right to request
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consolidation for all purposes or that certain issues be tried jointly. The parties expressly reserve all
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rights, claims and defenses that were otherwise available if these actions were not consolidated.
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2.
The following deadlines will apply with respect to pleadings and motions related to
Plaintiffs’ amended complaints:
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Defendants to answer, move or otherwise plead:
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Plaintiffs to file opposition/reply to counterclaim:
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Defendants to file reply to opposition:
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August 10, 2017
September 14, 2017
October 5, 2017
Any motions will be noticed for the next available hearing date.
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Discovery will continue during the above pleading/motion schedule and the pendency
of any motion(s) to dismiss filed by Defendants.
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Due to the amended complaints, which will trigger a new round of pleadings, the
scheduling deadlines shall be extended by six months. The new deadlines shall be:
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Discovery
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Expert disclosures:
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Rebuttal expert disclosures:
November 28, 2018
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Completion of fact discovery:
September 28, 2018
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Completion of all discovery:
January 31, 2019
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Discovery motions filed:
January 31, 2019
October 31, 2018
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STIPULATION TO EXTEND DEADLINES; [PROPOSED] ORDER
Case No. 2:16-CV-01211-WBS-AC
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Motion Hearing Schedules
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Filing of motions for class certification:
February 22, 2018
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Opposition to class certification motion:
April 6, 2018
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Reply to opposition:
May 7, 2018
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All other motions to be filed by:
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Trial Deadlines
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Final Pretrial Conference:
April 15, 2019 at 1:30 p.m.
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Trial:
June 11, 2019 at 9:00 a.m.
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January 31, 2019
Except as modified, the prior scheduling order remains unchanged.
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Dated: June 30, 2017
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HINSHAW & CULBERTSON LLP
By: /s/ Travis R. Wall
SPENCER Y. KOOK
TRAVIS R. WALL
Attorneys for Defendants
APPLIED UNDERWRITERS INC., APPLIED
UNDERWRITERS CAPTIVE RISK
ASSURANCE COMPANY, INC.,
CALIFORNIA INSURANCE COMPANY,
INC. and APPLIED RISK SERVICES, INC.
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Dated: June 30, 2017
SKADDEN, ARPS, SLATE, MEAGHER &
FLOM LLP
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/s/ Raoul D. Kennedy (as authorized on June 30,
By: 2017)
RAOUL D. KENNEDY
Attorneys for Defendants
APPLIED UNDERWRITERS INC., APPLIED
UNDERWRITERS CAPTIVE RISK
ASSURANCE COMPANY, INC.,
CALIFORNIA INSURANCE COMPANY,
INC. and APPLIED RISK SERVICES, INC.
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STIPULATION TO EXTEND DEADLINES; [PROPOSED] ORDER
Case No. 2:16-CV-01211-WBS-AC
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Dated: June __, 2017
FARMER SMITH & LANE, LLP
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/s/ Craig E. Farmer (as authorized on June 30,
By: 2017)
CRAIG E. FARMER
JOHN L. HALL
Attorneys for Plaintiff
SHASTA LINEN SUPPLY, INC., on behalf of
itself and all others similarly situated, and
ALPHA POLISHING, INC. d/b/a GENERAL
PLATING CO
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Dated: June 30, 2017
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LAW OFFICES OF JOHN DOUGLAS
MOORE
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/s/ John Douglas Moore (as authorized on
By: June 30, 2017)
JOHN DOUGLAS MOORE
Attorneys for Plaintiffs
PET FOOD EXPRESS LTD, a California
Corporation and all those similarly situated, and
ALPHA POLISHING, INC. d/b/a GENERAL
PLATING CO
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Dated: June 30, 2017
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/s/ Glen Abramson (as authorized on June 30,
By: 2017)
GLEN ABRAMSON Pro Hac Vice
Attorneys for Plaintiffs
PET FOOD EXPRESS LTD, a California
Corporation and all those similarly situated, and
ALPHA POLISHING, INC. d/b/a GENERAL
PLATING CO
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BERGER & MONTAGUE, P.C.
Dated: June 30, 2017
O’CONNOR REDD LLP
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By: /s/ Kevin Page (as authorized on June 30, 2017)
KEVIN PAGE Pro Hac Vice
Attorneys for Plaintiffs
PET FOOD EXPRESS LTD, a California
Corporation and all those similarly situated, and
ALPHA POLISHING, INC. d/b/a GENERAL
PLATING CO
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STIPULATION TO EXTEND DEADLINES; [PROPOSED] ORDER
Case No. 2:16-CV-01211-WBS-AC
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SIGNATURE ATTESTATION
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I, Travis Wall, am the ECF user whose identification and password are being used to file this
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Stipulation and [Proposed] Order Consolidating Related Actions for Pre-Trial Purposes and
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Modifying Scheduling Order. In compliance with Local Rules, I hereby attest that all party
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signatories hereto concur in this filing.
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/s/ Travis Wall
TRAVIS WALL
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ORDER
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Pursuant to stipulation, and good cause appearing, it is so ordered.
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Dated: July 6, 2017
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STIPULATION TO EXTEND DEADLINES; [PROPOSED] ORDER
Case No. 2:16-CV-01211-WBS-AC
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