Pet Food Express Ltd. v. Applied Underwriters Inc. et al

Filing 58

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 54 First Amended Complaint by 8/10/2017; ORDERING the plaintiffs to file an opposition/reply to countercla im 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 d iscovery, 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 f iled 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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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) PET FOOD EXPRESS LTD., 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. ) 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 1 2 STIPULATION AND [PROPOSED] ORDER CONSOLIDATING RELATED ACTIONS FOR PRE-TRIAL PURPOSES AND MODIFYING CASE SCHEDULE 3 Whereas, there are two related class action lawsuits filed in this district, Shasta Linen Supply, 4 Inc. v. Applied Underwriters, Inc., Case No. 2:16-cv-00158-WBS-AC and Pet Food Express Ltd. v. 5 Applied Underwriters, Inc., Case No. 2:16-cv-0211-WBS-AC; both actions are putative class actions 6 involving the same parties and similar claims; 7 8 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; 9 Whereas, the amended complaint in the Pet Food action also added a new plaintiff, Alpha 10 Polishing, Inc. d/b/a General Plating Co., and a new defendant, Applied Risk Services, Inc.; with the 11 addition of Applied Risk Services, Inc. to the Pet Food action, the defendants in both actions are the 12 same; 13 Whereas, consolidation of these related actions will promote judicial economy, avoid 14 duplicative law and motion and discovery proceedings, and streamline adjudication of these matters; 15 Whereas, the current scheduling orders in both cases set the following deadlines: 16 Discovery 17 Expert disclosures: April 30, 2018 18 Rebuttal expert disclosures: May 31, 2018 19 Completion of fact discovery: 20 Completion of all discovery: June 29, 2018 21 Discovery motions filed: June 29, 2018 22 Motion Hearing Schedules 23 Filing of motions for class certification: August 21, 2017 24 Opposition to class certification motion: October 6, 2017 25 Reply to opposition: 26 All other motions to be filed by: 27 Trial Deadlines 28 Final Pretrial Conference: March 30, 2018 November 6, 2017 July 31, 2018 October 9, 2018 1 STIPULATION TO EXTEND DEADLINES; [PROPOSED] ORDER Case No. 2:16-CV-01211-WBS-AC 1 Trial: 2 Whereas, the parties in both actions previously requested, and the Court granted, extensions 3 of the deadline to file amended pleadings as a matter of right, but the parties have not requested 4 changes to any other deadline set by the Court. December 11, 2018 5 IT IS HEREBY STIPULATED by the parties, through their counsel of record, that: 6 1. Pursuant to Rule 42(a) of the Federal Rules of Civil Procedure, the cases captioned 7 Shasta Linen Supply, Inc. v. Applied Underwriters, Inc., Case No. 2:16-cv-00158-WBS-AC and Pet 8 Food Express Ltd. v. Applied Underwriters, Inc., Case No. 2:16-cv-0211-WBS-AC are consolidated 9 for pre-trial purposes only but not for the purposes of trial. The parties reserve the right to request 10 consolidation for all purposes or that certain issues be tried jointly. The parties expressly reserve all 11 rights, claims and defenses that were otherwise available if these actions were not consolidated. 12 13 2. The following deadlines will apply with respect to pleadings and motions related to Plaintiffs’ amended complaints: 14 Defendants to answer, move or otherwise plead: 15 Plaintiffs to file opposition/reply to counterclaim: 16 Defendants to file reply to opposition: 17 18 19 20 21 August 10, 2017 September 14, 2017 October 5, 2017 Any motions will be noticed for the next available hearing date. 3. Discovery will continue during the above pleading/motion schedule and the pendency of any motion(s) to dismiss filed by Defendants. 4. 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: 22 Discovery 23 Expert disclosures: 24 Rebuttal expert disclosures: November 28, 2018 25 Completion of fact discovery: September 28, 2018 26 Completion of all discovery: January 31, 2019 27 Discovery motions filed: January 31, 2019 October 31, 2018 28 2 STIPULATION TO EXTEND DEADLINES; [PROPOSED] ORDER Case No. 2:16-CV-01211-WBS-AC 1 Motion Hearing Schedules 2 Filing of motions for class certification: February 22, 2018 3 Opposition to class certification motion: April 6, 2018 4 Reply to opposition: May 7, 2018 5 All other motions to be filed by: 6 Trial Deadlines 7 Final Pretrial Conference: April 15, 2019 at 1:30 p.m. 8 Trial: June 11, 2019 at 9:00 a.m. 9 January 31, 2019 Except as modified, the prior scheduling order remains unchanged. 10 11 Dated: June 30, 2017 12 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. 13 14 15 16 17 18 Dated: June 30, 2017 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 19 20 21 22 23 24 /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. 25 26 27 28 3 STIPULATION TO EXTEND DEADLINES; [PROPOSED] ORDER Case No. 2:16-CV-01211-WBS-AC 1 Dated: June __, 2017 FARMER SMITH & LANE, LLP 2 /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 3 4 5 6 7 8 Dated: June 30, 2017 9 LAW OFFICES OF JOHN DOUGLAS MOORE 10 /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 11 12 13 14 15 16 Dated: June 30, 2017 17 /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 18 19 20 21 22 BERGER & MONTAGUE, P.C. Dated: June 30, 2017 O’CONNOR REDD LLP 23 24 25 26 27 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 28 4 STIPULATION TO EXTEND DEADLINES; [PROPOSED] ORDER Case No. 2:16-CV-01211-WBS-AC 1 SIGNATURE ATTESTATION 2 I, Travis Wall, am the ECF user whose identification and password are being used to file this 3 Stipulation and [Proposed] Order Consolidating Related Actions for Pre-Trial Purposes and 4 Modifying Scheduling Order. In compliance with Local Rules, I hereby attest that all party 5 signatories hereto concur in this filing. 6 7 /s/ Travis Wall TRAVIS WALL 8 9 ORDER 10 11 Pursuant to stipulation, and good cause appearing, it is so ordered. 12 13 Dated: July 6, 2017 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 STIPULATION TO EXTEND DEADLINES; [PROPOSED] ORDER Case No. 2:16-CV-01211-WBS-AC

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