Landaker v. A.W. Chesterton Company, et al

Filing 62

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 10/7/2019 APPROVING 59 Stipulation. The parties may UTILIZE File&ServeXpress for electronic service of certain pleadings and other documents in this case. (Attachments: # 1 Exhibit A). (York, M)

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1 RONALD J. SHINGLER, ESQ. (C.S.B. #142089) Email: 2 RICHARD A. BRODY, ESQ. (C.S.B. #100379) Email: 3 SHINGLER LAW 4 1255 Treat Blvd., Suite 300 Walnut Creek, CA 94597 5 Telephone: (925) 757-7020 Facsimile: (925) 757-3260 6 7 Attorneys for Plaintiff 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO 10 EDWARD ALLEN LANDAKER, Case No.: 2:19-CV-00987-KJM-EFB 11 STIPULATION AND ORDER RE: ELECTRONIC SERVICE Plaintiff, 12 vs. 13 14 A. W. CHESTERTON COMPANY, et al. Defendants. 15 Hon.: Hon. Kimberly J. Mueller 16 17 The parties in this matter stipulate to an Order providing for electronic service of certain 18 pleadings and other documents in this case based on the determination that establishing a uniform 19 manner of electronic service will reduce delay, expense and inconvenience to the parties, assist in 20 trial preparation and further the administration of justice. All parties consent to service by 21 electronic transmission as follows: 22 IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES: 23 1. All parties agree to utilize File&ServeXpress as their electronic service vendor for 24 service of pleadings and other documents, including discovery, which are not allowed and/or 25 required to be filed and served through the Court’s Electronic Case Filing system (“ECF”). 26 Electronic service by email in this case is not allowed under this Order unless further agreed 27 between the parties. 28 /// -1STIPULATION AND ORDER RE: ELECTRONIC SERVICE 1 2. When a party to this litigation wishes to serve a document to counsel of record 2 using File&ServeXpress, that party shall effectuate service of the document by the procedure set 3 forth below (subject to the exceptions outlined herein): 4 I. FILE & SERVEXPRESS 5 1. Pursuant to FRCP Rule 5(b)(2)(E), in order to facilitate case management, 6 document retrieval and case organization, the parties will utilize the services of File&ServeXpress 7 and its litigation system for providing electronic service, storage and delivery of documents, 8 including discovery-related documents, through a secure website to facilitate expeditious, efficient 9 and economical communication by and amongst counsel. 10 II. SERVICE ONLY 11 1. File&ServeXpress shall apply only to the service of documents, and not to their 12 filing. Documents must still be filed with the court in the manner set forth in the Federal Rules of 13 Civil Procedure and the Local Rules of this Court. 14 2. Pursuant to FRCP Rule 5(b)(2)(E), electronic service in this case through 15 File&ServeXpress is complete upon transmission, but is not effective if the serving party learns 16 that it did not reach the person to be served. 17 III. SERVICE LIST & SIGN-UP 18 1. Within five (5) days of this stipulation, plaintiff’s or liaison counsel to 19 File&ServeXpress shall submit via email to the File&ServeXpress representative listed in Exhibit 20 A, a complete and current service list of counsel of record for this litigation. Within five (5) days 21 of this stipulation, each attorney of record for this litigation, or within five (5) days of the entry of 22 appearance for a new attorney of record, shall register for electronic service in this litigation by 23 completing the registration located at the following website: 24 and shall notify plaintiff’s counsel that they will need 25 to be added to the service list. This does not replace counsel’s obligations regarding ECF as set 26 forth in this Court’s Local Rules. 27 2. Plaintiff’s Counsel shall be liaison counsel to File&ServeXpress for all service list 28 changes. The service list will identify counsel of record for each firm, along with parties they -2STIPULATION AND ORDER RE: ELECTRONIC SERVICE 1 represent, who are to receive service of documents in the case utilizing File&ServeXpress. Once a 2 firm is registered on File&ServeXpress, each firm will be provided functionality on 3 File&ServeXpress to designate a firm administrator to control the addition and deletion of 4 registered users on File&ServeXpress for their firm. 5 IV. SERVICE OF DOCUMENTS AND WEBSITE 6 A. Establishment and Use of the File&ServeXpress Website Generally 7 1. When any counsel of record wishes to serve a document via File&ServeXpress, 8 that counsel shall serve the document according to all the requirements and procedures of this 9 Order. All references to “document” in this Order shall be interpreted to include any exhibits or 10 attachments to the document and shall include both pleadings and discovery-related documents 11 (such as interrogatories, requests for production, deposition notices/transcripts, etc.); provided, 12 however, that each attorney shall determine individually whether to utilize File&ServeXpress to 13 serve correspondence and/or the actual production of discovery documents in response to another 14 party’s request for production. 15 2. File&ServeXpress will maintain the internet website (“File&ServeXpress”) for this 16 litigation. When a transaction is submitted on File&ServeXpress, File&ServeXpress will 17 electronically serve each document on the parties included on the service list provided to 18 File&ServeXpress in accordance with the procedures herein. 19 3. Each attorney shall serve each document via electronic transfer of the document 20 through File&ServeXpress via the Internet (either as a word-processing file or a scanned image of 21 the document). Each attorney shall title each document to identify the type and purpose of 22 each document and the party who is submitting such document. Each document 23 electronically served pursuant to this Order shall be deemed to have been served under FRCP Rule 24 5(b)(2)(E). After an attorney uploads a document onto File&ServeXpress, the document will be 25 converted into Adobe Portable Document Format ("PDF") automatically by File&ServeXpress. 26 The original format of the document will also be available to users. 27 4. All documents posted on File&ServeXpress will be identified by: (a) the name of 28 the serving law firm; (b) the caption(s) of the case(s) to which the document belongs; (c) the title -3STIPULATION AND ORDER RE: ELECTRONIC SERVICE 1 of the document set forth on its caption; and (d) the identity of the party on whose behalf the 2 document is being served. 3 5. Access to File&ServeXpress will be limited to registered users. Registered users 4 will consist of counsel of record, their designated staff members and authorized Court personnel, if 5 any. Upon registration, File&ServeXpress will provide each registered user with a user name and 6 password to access File&ServeXpress and the documents served in the litigation. 7 6. Every pleading, document and instrument served electronically shall bear a 8 facsimile or typographical signature of at least one of the attorneys of record, along with the typed 9 name, address, telephone number and Bar of California number of such attorney. Typographical 10 signatures shall be treated exactly as personal signatures for purposes of electronically served 11 documents under FRCP Rule 5(b)(2)(E). The serving party of any document requiring multiple 12 signatures may list thereon all the names of other signatories by means of an "/s/____" block for 13 each. By submitting such a document, the serving party certifies that each of the other signatories 14 has expressly agreed to the form and substance of the document and that the serving party has the 15 actual authority to submit the document electronically. The serving party must maintain any 16 records evidencing this concurrence for subsequent production to the Court if so ordered or for 17 inspection upon request by a party. 18 7. Any document transmitted to File&ServeXpress shall certify in the Proof or 19 Affidavit of Service that a true and correct copy was electronically served on counsel of record by 20 transmission through File&ServeXpress, the date and time to be used on the Proof of Service will 21 be the date and time reflected on the Transaction Receipt provided after submitting a transaction 22 on File&ServeXpress. 23 8. File&ServeXpress will make available to counsel of record and the Court a 24-hour 24 365 days Client Support hotline at (888) 529-7587 and website 25 . In addition, each attorney is instructed to review 26 Exhibit A attached to this stipulation which sets forth the procedure for registration with and 27 service through File&ServeXpress. Attached hereto as Exhibit A is File & ServeXpress’ 28 Welcome kit. -4STIPULATION AND ORDER RE: ELECTRONIC SERVICE 1 IT IS SO STIPULATED. 2 3 DATED: September 23, 2019 SHINGLER LAW 4 By: 5 6 7 /s/ Ronald J. Shingler Ronald J. Shingler Richard A. Brody Attorneys for Plaintiff Edward Allen Landaker 8 9 DATED: September 23, 2019 IMAI, TADLOCK, KEENEY & CORDERY 10 By: 11 12 13 /s/ Michael J. Boland Theodore T. Cordery Michael J. Boland Attorneys for Defendant Allied Fluid Products Corp. fka Allied Packing & Supply, Inc. 14 15 DATED: September 27, 2019 HOWARD ROME MARTIN & RIDLEY LLP 16 By: 17 18 19 20 /s/ Jane B. Yee Shawn M. Ridley Jane B. Yee Attorneys for Defendant Eaton Corporation, individually and as successorin-interest to Cutler-Hammer, Inc. 21 DATED: September 27, 2019 HUGO PARKER, LLP 22 23 24 25 By: /s/ Charles S. Park Charles S. Park Christina M. Glezakos Attorneys for Defendant Foster Wheeler, LLC 26 27 28 -5STIPULATION AND ORDER RE: ELECTRONIC SERVICE 1 DATED: September 27, 2019 2 3 WILSON ELSER DICKER LLP By: 4 5 6 7 8 DATED: September 27, 2019 MOSKOWITZ EDELMAN & /s/ Nicolas P. Martin William M. Hake Nicolas P. Martin Attorneys for Defendant Honeywell International, Inc., individually, and as successor in interest to Honeywell Control Valves and Belfield Control Valves LEADER BERKON COLAO & SILVERSTEIN LLP 9 10 By: 11 12 /s/ Bobbie R. Bailey Bobbie R. Bailey Emily K. Doty Attorneys for Defendant IMO Industries Inc. 13 14 DATED: September 27, 2019 SELMAN BREITMAN LLP 15 By: 16 17 18 19 DATED: September 23, 2019 /s/ Paul J. Gamba Richard D. Dumont Paul J. Gamba Attorneys for Defendant Lamons Gasket Company BASSI, EDLIN, HUIE & BLUM LLP 20 21 22 23 24 25 By: /s/ Joseph B. Adams Marte J. Bassi Joseph B. Adams John E. Rosenthal Attorneys for Defendant Parker-Hannifin Corporation, individually and as successor-in-interest to Sacomo Manufacturing & Sacomo Sierra 26 27 28 -6STIPULATION AND ORDER RE: ELECTRONIC SERVICE 1 DATED: September 27, 2019 FOLEY & MANSFIELD, PLLP 2 By: 3 4 /s/ Lori A. Cataldo Lori A. Cataldo Attorneys for Defendant Plastics Engineering Company 5 6 DATED: September 27, 2019 MANNING GROSS + MASSENBURG LLP 7 By: 8 9 10 /s/ Thomas J. Tarkoff Jennifer A. Cormier Thomas J. Tarkoff Attorneys for Defendant The Goodyear Tire & Rubber Company 11 12 DATED: September 23, 2019 LEWIS BRISBOIS BISGAARD & SMITH LLP 13 By: 14 15 /s/ Florence A. McClain Florence A. McClain Attorneys for Defendant Union Carbide Corporation 16 17 PURSUANT TO STIPULATION, IT IS SO ORDERED. The parties may utilize 18 File&ServeXpress for electronic service of certain pleadings and other documents in this case. 19 20 DATED: October 7, 2019. 21 22 UNITED STATES DISTRICT JUDGE 23 24 25 26 27 28 -7STIPULATION AND ORDER RE: ELECTRONIC SERVICE

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