Transbay Auto Service, Inc. v. Chevron Corporation

Filing 83

ORDER Jury Selection set for 6/20/2011 08:30 AM before Hon. Susan Illston. Jury Trial set for 6/20/2011 08:30 AM before Hon. Susan Illston. (tf, COURT STAFF) (Filed on 5/2/2011)

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Thomas P. Bleau, Esq., SBN 152945
Megan A. Childress, Esq., SBN 266926
BLEAU FOX, A P.L.C.
3575 Cahuenga Boulevard West, Suite 580
Los Angeles, California 90068
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff,
Transbay Auto Service, Inc.
GLYNN & FINLEY, LLP
ROBERT C. PHELPS, Bar No. 106666
One Walnut Creek Center
100 Pringle Avenue, Suite 500
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant
Chevron U.S.A. Inc.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
TRANSBAY AUTO SERVICE, INC., a )
California corporation,
)
)
Plaintiff,
)
)
v.
)
)
CHEVRON CORPORATION, a Delaware )
corporation; CHEVRON U.S.A. INC., a )
Delaware corporation, and DOES 1 through )
10, inclusive,
)
)
Defendants.
)
____________________________________ )

Case Number: CV09-4932 SI
STIPULATION TO CONTINUE THE
TRIAL DATE; [PROPOSED] ORDER.
Trial Date:
Time:
Judge:
Location:

May 23, 2011
8:30 a.m.
Hon. Susan Illston
Courtroom 10, 19th Floor
450 Golden Gate Avenue
San Francisco, California

Plaintiff, TRANSBAY AUTO SERVICE, INC. (“Transbay”), and Defendant, CHEVRON
U.S.A. INC. (“Chevron”), hereby stipulate and agree as follows:
WHEREAS, on December 13, 2010, this Court continued the trial date in the abovecaptioned action from January 10, 2011, to May 23, 2011.
WHEREAS, the parties have already filed their pre-trial documents, including their Joint
-1STIPULATION TO CONTINUE TRIAL DATE

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Pretrial Conference Statement and respective Motions in Limine.
WHEREAS, on Monday April 26, 2011, Transbay learned that one of its experts, Mr.

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Andrew Junius, has a scheduling conflict with the date currently set for trial, as he is getting

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married on May 21, 2011, and will be out of the country for his honeymoon until June 6, 2011.

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WHEREAS, Chevron’s expert, Mr. LeFevers of Deloitte, is available for trial the week of
June 20, 2011.
WHEREAS, Chevron does not oppose Transbay’s request for continuance, given the

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nature of Mr. Junius’ scheduling conflict. However, Chevron wishes to make clear to the Court

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that its non-opposition to this application is without prejudice to Chevron’s substantive contention

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in its Motion in Limine No. 4 (Dkt. No. 68) that Mr. Junius should not be allowed to testify in any

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event. Chevron assumes that the Court will rule on Chevron’s objection to Mr. Junius’ testimony

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at the time the Court deems appropriate.

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THEREFORE, the parties hereto, by and through their attorneys of record, hereby
stipulate as follows:
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The trial may be continued to June 20, 2011.

2.

In the event that June 20, 2011 is not available for trial on the Court’s calendar, the

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parties request a telephonic conference with the Court to discuss an alternative trial date.
Dated: April 21, 2011

Respectfully submitted
BLEAU FOX, A P.L.C.
By:
/s/ Thomas P. Bleau
Thomas P. Bleau, Esq.
Megan A. Childress, Esq.
Attorneys for Plaintiff,
Transbay Auto Service, Inc.

Dated: April 21, 2011

GLYNN & FINLEY, LLP

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By:

/s/ Robert C. Phelps
Robert C. Phelps, Esq.
Attorneys for Defendant
Chevron U.S.A. Inc.

-1STIPULATION TO CONTINUE TRIAL DATE

[PROPOSED] ORDER

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The Court having duly considered the Stipulation to Continue the Trial Date, the relevant
pleadings and papers on file, and all other matters that may have been presented to this Court, and
for good cause shown,
June 20
IT IS HEREBY ORDERED that the Trial Date is continued to ___________________, 2011.

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IT IS SO ORDERED.
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5/2/11
Dated: _________________________, 2011

___________________________________
The Honorable Susan Illston
United States District Court Judge

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-2STIPULATION TO CONTINUE TRIAL DATE