Arnett v. Seaside Transportation Services, LLC et al

Filing 96

Order as Modified by Hon. Vince Chhabria granting 95 Stipulation to Extend Deadlines.(knm, COURT STAFF) (Filed on 2/6/2015)

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MICHELE C. BARNES (SBN 187239)
[e-mail]
ROSEANNA M. CASTILLO (SBN 252761)
[e-mail]
K&L GATES LLP
Four Embarcadero Center, Suite 1200
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
SHANGHAI ZHENHUA HEAVY
INDUSTRIES CO., LTD. (erroneously
sued as SHANGHAI ZHENHUA
PORT MACHINERY CO., LTD) AND
SEASIDE TRANSPORTATION SERVICES, LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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VC
JACKIE ARNETT,

Case No. 13-cv-01672-WHO

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Plaintiff,
vs.

STIPULATION AND [PROPOSED]
ORDER TO EXTEND DEADLINES
AS MODIFIED

SHANGHAI ZHENHUA PORT MACHINERY
CO. LTD.; SEASIDE TRANSPORTATION
Judge:
Hon. Vince G. Chhabria
SERVICES, LLC; WHITNEY EQUIPMENT
LLC; and DOES 1 through 100, inclusive,
Complaint Filed: March 1, 2013
Defendants.

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STIPULATION AND ORDER TO EXTEND DEADLINES

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WHEREAS, Plaintiff Jackie Arnett filed her complaint for damages naming only Defendants

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Whitney Equipment LLC (“Whitney”) and Seaside Transportation Services, LLC (“STS”) in

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Alameda County Superior Court on March 1, 2013.

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WHEREAS defendants Whitney and STS removed this case to the Northern District on April
12, 2013.

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WHEREAS on September 13, 2013, Plaintiff filed a First Amended Complaint adding

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defendant Shanghai Zhenhua Heavy Industries Co., Ltd. (erroneously sued as Shanghai Zhenhua Port

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Machinery Co., Ltd., hereinafter “ZPMC”.)

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WHEREAS Plaintiff filed as Second Amended Complaint on November 4, 2013 in response
to ZPMC’s motion to dismiss Plaintiff’s First Amended Complaint.
WHEREAS ZPMC filed a motion to dismiss Plaintiff’s Second Amended Complaint, which
was granted in part and denied in part on January 13, 2014.

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WHEREAS The Court granted Plaintiff leave to amend her negligence allegations in order to

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clarify what conduct each defendant has allegedly engaged in that supports each of the theories

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underlying her negligence causes of action.

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WHEREAS Plaintiff filed her Third Amended Complaint on February 3, 2014, and parties
responded.

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WHEREAS the Court set a Pre-trial Scheduling Order on April 1, 2014.

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WHEREAS the Court amended the Pre-trial Scheduling Order on October 28, 2014, and

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ordered parties to complete private mediation by January 30, 2015.

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WHEREAS parties completed mediation on January 26, 2015.

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WHEREAS parties now request an extension for expert rebuttal reports, to complete expert

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depositions and discovery, and to file summary judgment motions in order to accommodate a further

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private mediation agreed to by parties and scheduled for February 9, 2015.

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STIPULATION AND ORDER TO EXTEND DEADLINES

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NOW THEREFORE, IT IS STIPULATED by and between the parties, subject to the approval

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of the Court pursuant to Local Rule 6-2, to extend discovery deadlines set in the case schedule (Dkt.

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Nos. 69, 84) as follows:

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EVENT

CURRENT DEADLINE

Expert Rebuttal
Close of Expert Discovery
Dispositive Motions Heard by

February 2, 2015
March 13, 2015
May 6, 2015

REQUESTED
EXTENSION DATE
February 16, 2015
April 3, 2015
May 27, 2015
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STIPULATION AND ORDER TO EXTEND DEADLINES

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K&L GATES LLP

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Dated: _______________

By:

/s/ Michele C. Barnes

MICHELE C. BARNES
ROSEANNA M. CASTILLO
Attorneys for Defendants
SHANGHAI ZHENHUA PORT
MACHINERY CO., LTD

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ARCHER NORRIS

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Dated: ______________

By:

/s/ Keith R. Gillette

KEITH R. GILLETTE
CHAD D. GREESON
Attorneys for Defendant
WHITNEY EQUIPMENT, LLC

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Dated:

WILSON ELSER LLP

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By:

/s/ William Enger

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William Enger
Attorneys for Defendant SEASIDE
TRANSPORTATION SER
PORTATION SERVICES
TI
TIO

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THE ARNS LAW FIRM
NS AW
NS LAW FIRM

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Dated: __1/29/15____________

By:
ROBERT S. ARNS
ARNS
R
JONATHAN E. DAVIS
AN DAVIS
Attorneys for Plaintiff
Plaintiff
l i
JACKIE ARNETT

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STIPULATION AND ORDER TO EXTEND DEADLINES

PURSUANT TO STIPULATION, IT IS SO ORDERED

S

DERED
SO OR
SChhabria IED
Hon. Vince G.
IT I
U.S. District AS MJudgeF
Court ODI

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inc
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February 6, 2015
Dated: ______________

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UNIT
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By:

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STIPULATION AND ORDER TO EXTEND DEADLINES

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