Apex Directional Drilling, LLC v. SHN Consulting Engineers & Geologists, Inc.

Filing 34

STIPULATION AND ORDER TO STAY DISCOVERY AND RESET CASE MANAGEMENT SCHEDULE. Signed by Judge Richard Seeborg on 12/7/15. (cl, COURT STAFF) (Filed on 12/7/2015)

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TONKON TORP LLP
Michael C. Willes, SBN 273145
[e-mail]
888 SW Fifth Avenue, Suite 1600
Portland, OR 97204-2099
Phone: [phone]
Fax: [phone]
Attorneys for Apex Directional Drilling, LLC

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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APEX DIRECTIONAL DRILLING, LLC, an
Oregon limited liability company authorized
to do business in the State of California,

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Plaintiff,

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Case No. 15-CV-02501-RS
ORDER
STIPULATION TO STAY DISCOVERY
AND RESET CASE MANAGEMENT
SCHEDULE

v.

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SHN CONSULTING ENGINEERS &
GEOLOGISTS, INC., a California
corporation,
Defendant.

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Plaintiff Apex Directional Drilling, LLC ("Apex") and Defendant SHN Consulting

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Engineers & Geologists, Inc. ("SHN"), by and through their counsel, hereby stipulate and jointly

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request that the Court stay discovery and reset the Case Management Schedule to accommodate

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mediation among Apex, SHN, and third parties. This Stipulation is filed concurrently with the

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Declaration of Michael Willes, in compliance with Civil L.R. 6-2(a).

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Apex filed the Complaint (ECF No. 1) initiating this Action on June 5, 2015. Apex

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alleges that SHN made faulty representations regarding subterranean conditions that contractors

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such as Apex would encounter while working on a large sewer project for the City of Eureka,

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California. SHN denies these allegations.

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STIPULATION TO STAY DISCOVERY AND RESET
CASE MANAGEMENT SCHEDULE

Tonkon Torp LLP
888 SW Fifth Avenue, Suite 1600
Portland, Oregon 97204
503-221-1440

On September 10, 2015, Apex and SHN attended a case management conference. In its

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Case Management Scheduling Order (ECF No. 32), the Court set the following discovery

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deadlines:

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Completion of written non-expert discovery: March 10, 2016

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Completion of all non-expert discovery: July 16, 2016
By mail, SHN served Requests for Production of Documents (Set One) and Requests for

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Admission (Set One) on Apex on October 29, 2015. Informally, SHN has received access to

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Apex documents and discovery responses from the City of Eureka.
As noted in Item 10 of the parties' Joint Case Management Statement (ECF No. 28), the

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City of Eureka had previously filed a complaint against Apex and the Cincinnati Insurance

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Company ("CIC"), asserting breach of contract, among other causes of action, in compelled

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arbitration before the California State Office of Administrative Hearings (the "OAH"). Only the

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City of Eureka, Apex, and CIC are parties to the OAH arbitration. The City of Eureka claims

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that Apex is liable for not completing a portion of the sewer project referenced above. Apex

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denies liability and has cross-complained against the City of Eureka.
On September 24, 2015, the City of Eureka, Apex, and CIC agreed to mediate their

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dispute. SHN has also agreed to participate in the mediation so that a global resolution of the

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OAH arbitration and this Action may be reached. On October 1, 2015, the arbitrator ordered, in

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line with the parties' stipulation, that further arbitration proceedings and discovery be stayed and

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that the arbitration discovery deadlines be reset, if necessary, following mediation. The parties

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have agreed to hold the mediation on Monday, February 22, 2016.
To promote the just, speedy, and inexpensive resolution of these disputes, Apex and SHN

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stipulate and agree that if the claims in this Action are not resolved at the February 22, 2016

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mediation, then the pending discovery served by SHN would be due within 30 days (March 23,

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2016). In addition, Apex and SHN stipulate, agree and acknowledge that notwithstanding an

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agreement to stay discovery in this Action, that the parties will need to complete extensive

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written discovery and depositions in preparation for trial and in order to file pre-trial dispositive

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STIPULATION TO STAY DISCOVERY AND RESET
CASE MANAGEMENT SCHEDULE

Tonkon Torp LLP
888 SW Fifth Avenue, Suite 1600
Portland, Oregon 97204
503-221-1440

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motions. Therefore, Apex and SHN stipulate and request that the Court order as follows in this

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Action:

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1. To stay all discovery pending the completion of mediation.

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2. To reset the Case Management Schedule following the mediation, if

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necessary, in order to reset the deadlines to complete written non-expert

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discovery; the deadline to complete non-expert discovery; the deadline to file

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and hear all dispositive pre-trial motions; and if necessary, the trial date and

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associated pre-trial deadlines.

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IT IS SO STIPULATED.
DATED: December 3, 2015.

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TONKON TORP LLP

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By /s/ Michael C. Willes
Michael C. Willes, SBN 273145
Attorneys for Apex Directional Drilling, LLC

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DATED: December 2, 2015.

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GORDON REES SCULLY MANSUKHANI, LLP

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By /s/ Michael W. Wilson, Jr.
Ernest M. Isola, SBN 191486
Michael D. Wilson, Jr., SBN 233334
Attorneys for SHN Consulting Engineers &
Geologists, Inc.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: ________________
12/7/15

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Hon. Richard Seeborg
United States District Judge

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Page 3 -

STIPULATION TO STAY DISCOVERY AND RESET
CASE MANAGEMENT SCHEDULE

Tonkon Torp LLP
888 SW Fifth Avenue, Suite 1600
Portland, Oregon 97204
503-221-1440