Travelers Property Casualty Company of America v. Legacy Transportation Services, Inc.

Filing 82

STIPULATION AND ORDER TO CONTINUE DATES Motions due by 6/17/2011. Jury Trial set for 10/31/2011 08:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White. Motion Hearing set for 7/22/2011 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White. Pretrial Conference set for 10/11/2011 02:00 PM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White. Signed by Judge Jeffrey S. White on 3/8/11. (sis, COURT STAFF) (Filed on 3/8/2011)

Travelers Property Casualty Company of America v. Legacy Transportation Services, Inc.

Doc. 82

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ROBERTS & KEHAGIARAS LLP ANDREW D. KEHAGIARAS, ESQ. (State Bar No. 207767) [e-mail] GEORGE P. HASSAPIS, ESQ. (State Bar No. 147072) [e-mail] One World Trade Center, Suite #2350 Long Beach, CA 90831 Telephone: [phone] Facsimile: [phone] Attorneys for plaintiffs TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA and TOMOTHERAPY INCORPORATED UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ­ SAN FRANCISCO DIVISION

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TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA and TOMOTHERAPY INCORPORATED, Plaintiffs, vs. LEGACY TRANSPORTATION SERVICES, INC., Defendant and ThirdParty Plaintiff, vs.

19 20 21 22 23 24 25 26 27 28 order UNITED VAN LINES, LLC and DTI RIGGING, Third-Party Defendants

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No. C 10-00505 JSW NOTICE OF PARTIAL SETTLEMENT AND JOINT STIPULATION TO CONTINUE DATES TO FACILITATE THE COMPLETION OF DISCOVERY AND SUMBISSION OF CROSS-MOTIONS FOR SUMMARY JUDGMENT; [PROPOSED] ORDER

By agreement of the parties and pursuant to the Court's of October 19, 2010, the captioned matter was to be

mediated before a private mediator on or before January 13, 2011. Jeffries, Mediation Esq., an was held on that and date before Kathleen litigation

experienced

knowledgeable

attorney with substantial expertise in the subject matter of
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STIPULATION TO CONTINUE DATES CASE NO. C 10-00505 JSW
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transportation.

The case was not resolved on the date of the

mediation; however, through the continuing and diligent efforts of all counsel that in the matter of a the settlement was ultimately of

reached

would

dispose

Third-Party

Complaint

Legacy Transportation against United Van Lines. date the language of settlement agreement

As of this the

memorializing

partial settlement has been agreed and the document has been signed by all counsel and parties with the exception of Legacy Transportation; however, this final signature is expected

within the next few days.

Counsel for United Van Lines intends

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to seek a determination of good faith settlement as soon as the fully executed document is received.

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Having exhausted all possible avenues for the settlement of the case between plaintiffs Travelers/Tomotherapy and

defendant, Legacy, the parties have now turned their attention to discovery, which has been significantly narrowed by virtue of the negotiations which occurred at the mediation. Given

this court's earlier ruling that the case is governed by the Carmack Amendment (a strict liability statute) counsel for the remaining parties believe the principal issues that remain in this case could be resolved through the filing of cross-motions for summary judgment or summary adjudication of issues on the issues of Legacy's liability for the damage claimed by the plaintiffs and Legacy's right to limit its liability to a sum less than the amount of the damage claimed, after the

completion of targeted discovery by both sides.

The discovery

would include requests for admission which might further serve
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to pare the issues before the Court.

At present, the discovery

cut-off for fact discovery is presently set for March 11, 2011 and a further Case Management conference is scheduled for May 20, 2011 at 1:30 pm. From this point forward, the parties have

stipulated to, and propose the following:

1. The fact discovery cut-off would be continued to May 10, 2011. 2. The Case Management conference presently scheduled for May 20, 2011 would remain on calendar and would be used to address any remaining discovery issues to discuss the scheduling and briefing of the parties' proposed cross motions for summary judgment (briefing schedule, page limitations, number of briefs, etc.) 3. The parties' cross-motions for summary judgment would be heard on a date convenient to this Court but NO LATER THAN July 15, 2011, unless a later date is required for the convenience of the Court. 4. The trial date presently on calendar would be vacated or continued to allow for the hearing of the summary

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judgment/summary adjudication motions. 5. Another Case Management Conference would be scheduled after the disposition of the motions to deal with any remaining issues if the parties have not been able to settle the case, in the light of the Court's rulings.

To this point the parties have done their best to reach a negotiated settlement of this case, as ordered by this Court.
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The parties also believe that the case can be most efficiently resolved through the procedure they have agreed to and herein propose to the Court. continuance of the The parties have not requested any prior cut-off date, and respectfully

discovery

request that the Court consider this stipulation to give the parties the best chance of resolving this case without the need for an expensive and time consuming trial.

DATED: March 8, 2011

ROBERTS & KEHAGIARAS LLP

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12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: March 8, 2011 DATED: March 8, 2011

By:__/s/-George Hassapis_______ GEORGE HASAPIS, ESQ. Attorneys for Plaintiffs TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA and TOMOTHERAPY INCORPORATED

HIGGS, FLETCHER & MACK LLP

By:__/s/ - George Hassapis* _ PETER S. DOODY, ESQ. Attorneys for Defendant and Third-Party Plaintiff LEGACY TRANSPORTATION SERVICES, INC *Signed per written authority NEMECK & COLE

_ By:_/s/-George Hassapis** GREGG S. GARFINKEL, ESQ. Attorneys for Third-Party Defendant UNITED VAN LINES, LLC **Signed per written authority

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ORDER

Pursuant to the stipulation of the parties and good cause appearing therefor, IT IS HEREBY ORDERED that the following dates have been rescheduled:

May 20, 2011 ___________________________

New Fact Discovery Cut-off

The case management conference presently scheduled for May 20, 2011 at 1:30 pm shall remain on calendar and shall be used to discuss any open discovery issues and the cross-motions to be filed by the parties. June 17, 2011 ___________________________ Opening summary judgment briefs

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July 1, 2011 ___________________________ July 8, 2011 ___________________________

Briefs in opposition

Reply Briefs

July 22, 2011 at 9:00 a.m. ___________________________ October 11, 2011 at 2:00 p.m. ___________________________ October 31, 2011 at 8:00 a.m. ___________________________

Motion hearing date Pretrial Further status conference date

Trial Date

8 DATED: March __, 2011 __________________________________ THE HONORABLE JEFFREY S. WHITE Judge, United States District Court
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STIPULATION TO CONTINUE DATES CASE NO. C 10-00505 JSW