Williamsburg National Insurance Company v. Rocket Engineering Corp.

Filing 13

ORDER signed by Magistrate Judge Kendall J. Newman on 5/24/2017 ORDERING that the 10 Motion to Compel is GRANTED on the terms outlined in this order. The 5/25/2017 formal hearing on this matter is VACATED as moot. (Zignago, K.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 WILLIAMSBURG NATIONAL INSURANCE COMPANY Plaintiff, 13 ORDER v. 14 15 No. 2:16-cv-1052-KJM-KJN ROCKET ENGINEERING CORP., Defendant. 16 17 On May 23, 2017, the court conducted an informal telephonic discovery conference in this 18 19 matter. At the conference, attorney Susan Welde appeared on behalf of plaintiff, and attorney 20 Will Skinner appeared on behalf of defendant. After carefully considering the parties’ joint 21 statement regarding their discovery disagreement and further discussion with the parties at the 22 conference, IT IS HEREBY ORDERED that: 1. Defendant’s motion to compel (ECF No. 10) is GRANTED on the terms outlined in 23 this order. 24 2. The fact discovery completion deadline is extended for the limited purpose of 25 allowing defendant’s expert to conduct a non-destructive examination/inspection1 of 26 27 28 1 Defendant has proposed a protocol for the examination/inspection. (See ECF No. 10-1, Ex. 4.) The parties are directed to promptly meet and confer in good faith to reach agreement regarding 1 1 the aircraft equ e uipment at is ssue in his la aboratory in V Vancouver, British Colu umbia. 2 Because it is an nticipated th the equipm will be shipped to Vancouver, examined, hat ment e 3 and returned to plaintiff pri to the Jun 5, 2017 e d o ior ne expert witnes disclosure deadline, ss e 4 this brief, limit extension will not im ted n mpact other d deadlines in the operativ scheduling ve g 5 ord der. 6 3. De efendant shal bear the co of packag ll ost ging and shi ipping the eq quipment to and from 7 Va ancouver, Br ritish Columb and shal maintain a proper chai of custody for the bia, ll in y 8 equ uipment. 9 4. De efendant shal videotape the entire ex ll xamination/i inspection, starting from the m 10 unp packing of th equipmen at defenda he nt ant’s expert’s laboratory through rep y packing the 11 equ uipment for its return to plaintiff, an shall provide plaintiff with a copy of the nd f y 12 vid deotape. 13 14 5. Pla aintiff’s coun and/or plaintiff’s ex nsel p xperts may at ttend the exa amination/in nspection by def fendant’s exp at their own cost. pert 15 6. The May 25, 2017 formal hearing on th matter is VACATED as moot. h his s D 16 IT IS SO ORDERE S ED. 17 Da ated: May 24, 2017 2 18 19 20 21 22 23 24 25 26 27 28 an acceptable examination n n/inspection protocol. 2

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