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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAMSBURG NATIONAL
INSURANCE COMPANY
Plaintiff,

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ORDER
v.

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No. 2:16-cv-1052-KJM-KJN

ROCKET ENGINEERING CORP.,
Defendant.

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On May 23, 2017, the court conducted an informal telephonic discovery conference in this

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matter. At the conference, attorney Susan Welde appeared on behalf of plaintiff, and attorney

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Will Skinner appeared on behalf of defendant. After carefully considering the parties’ joint

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statement regarding their discovery disagreement and further discussion with the parties at the

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conference, IT IS HEREBY ORDERED that:
1. Defendant’s motion to compel (ECF No. 10) is GRANTED on the terms outlined in

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this order.

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2. The fact discovery completion deadline is extended for the limited purpose of

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allowing defendant’s expert to conduct a non-destructive examination/inspection1 of

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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
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the aircraft equ
e
uipment at is
ssue in his la
aboratory in V
Vancouver, British Colu
umbia.

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Because it is an
nticipated th the equipm will be shipped to Vancouver, examined,
hat
ment
e

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and returned to plaintiff pri to the Jun 5, 2017 e
d
o
ior
ne
expert witnes disclosure deadline,
ss
e

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this brief, limit extension will not im
ted
n
mpact other d
deadlines in the operativ scheduling
ve
g

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ord
der.

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3. De
efendant shal bear the co of packag
ll
ost
ging and shi
ipping the eq
quipment to and from

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Va
ancouver, Br
ritish Columb and shal maintain a proper chai of custody for the
bia,
ll
in
y

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equ
uipment.

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4. De
efendant shal videotape the entire ex
ll
xamination/i
inspection, starting from the
m

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unp
packing of th equipmen at defenda
he
nt
ant’s expert’s laboratory through rep
y
packing the

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equ
uipment for its return to plaintiff, an shall provide plaintiff with a copy of the
nd
f
y

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vid
deotape.

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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

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6. The May 25, 2017 formal hearing on th matter is VACATED as moot.
h
his
s
D

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IT IS SO ORDERE
S
ED.

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Da
ated: May 24, 2017
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an acceptable examination
n
n/inspection protocol.
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