Tyco Thermal Controls, LLC v. Redwood Industrials et al

Filing 371

STIPULATION AND CASE MANAGEMENT SCHEDULING ORDER: Discovery due by 1/13/2012.. Signed by Judge ARMSTRONG on 12/6/11. (lrc, COURT STAFF) (Filed on 12/6/2011)

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DONGELL LAWRENCE FINNEY LLP
RICHARD A. DONGELL (SBN 128083)
[e-mail]
THOMAS F. VANDENBURG (SBN 163446)
[e-mail]
PAUL D. RASMUSSEN (SBN 201680)
[e-mail]
707 Wilshire Boulevard, 45th Floor
Los Angeles, CA 90017-3609
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff and Counter-Defendant
TYCO THERMAL CONTROLS, LLC

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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Case No.: CV-06-07164-SBA

TYCO THERMAL CONTROLS, LLC
Plaintiff,

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REQUEST FOR CONTINUANCE OF
DECEMBER 2011 CASE
MANAGEMENT DEADLINES IN
PREPARATION FOR FURTHER
SETTLEMENT CONFERENCE

v.
REDWOOD INDUSTRIALS, et al.,
Defendants.

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Dept.: Courtroom 1, 4th Floor
Judge: The Honorable Saundra Brown
Armstrong

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ROWE INDUSTRIES, INC.,
Counter-Claimant,

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Complaint Filed: November 17, 2006
Trial Date:
March 5, 2012

v.
TYCO THERMAL CONTROLS, LLC,
Counter-Defendant.
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Related Action:
Case No. CV-10-01606-SBA

TYCO THERMAL CONTROLS LLC,

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Plaintiff,

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v.
ROWE INDUSTRIES, INC.,
Defendant.

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REQUEST FOR CONTINUANCE OF DECEMBER 2011 CASE MANAGEMENT DEADLINES IN
PREPARATION FOR FURTHER SETTLEMENT CONFERENCE

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Plaintiff and Counter-Defendant Tyco Thermal Controls LLC (“Tyco”) and Defendant

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and Counter-Claimant Rowe Industries, Inc. (“Rowe”) (collectively the “Parties”), by and

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through their respective attorneys of record, have recently met and conferred, and at the direction

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of the Honorable Donna M. Ryu, agree that a continuation of the current December 2011 case

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management deadlines is warranted in order to concentrate resources on settlement efforts

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including the Further Settlement Conference scheduled for January 5, 2012.

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WHEREAS the Parties attended the Settlement Conference in this matter on December
2, 2011 with the Honorable Donna M. Ryu.

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WHEREAS on December 5, 2011, Judge Ryu issued a Minute Order (Dkt. 368, Dkt. 74)

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requiring: (1) Tyco to provide investigation/remediation/future monitoring cost information to

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Rowe by December 9, 2011; (2) Rowe to provide insurance policies, reservation of rights letters,

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and financial information regarding Rowe to Tyco by December 9, 2011; and (3) the Parties to

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submit a stipulation and proposed order to the Court by December 5, 2011 seeking a two-week

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continuance of all December 2011 case management deadlines in order to concentrate resources

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on settlement efforts.

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WHEREAS on December 5, 2011, Judge Ryu issued a Notice of Further Settlement

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Conference and Settlement Conference Order (Dkt. 369, Dkt. 75) scheduling a Further

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Settlement Conference for January 5, 2012 at 11:00 a.m.

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WHEREAS the current December 2011 case management deadlines are as follows: (1)

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Parties to designate any experts by December 9, 2011; (2) Parties to submit rebuttal disclosure on

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December 16, 2011; and (3) all non-expert discovery to be completed December 30, 2011.

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THEREFORE, the parties hereby request that the current December 2011 case

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management deadlines are continued as follows: (1) Parties to designate any experts by

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December 23, 2011; (2) Parties to submit rebuttal disclosure on December 30, 2011; and (3) all

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non-expert discovery to be completed January 13, 2012.

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REQUEST FOR CONTINUANCE OF DECEMBER 2011 CASE MANAGEMENT DEADLINES IN
PREPARATION FOR FURTHER SETTLEMENT CONFERENCE

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IT IS SO STIPULATED.

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DATED: December 6, 2011

DONGELL LAWRENCE FINNEY LLP

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/s/ Thomas F. Vandenburg
By: ______________________________
Thomas F. Vandenburg
New Attorneys for Plaintiff and CounterDefendant Tyco Thermal Controls, LLC

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DATED: December 6, 2011

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GORDON & REES LLP
/s/ Mordecai D. Boone
By: ______________________________
Mordecai D. Boone
Attorneys for Defendant and CounterClaimant ROWE INDUSTRIES, INC.

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ORDER
Based on the Stipulation of the Parties and good cause appearing, the current December
2011 case management deadlines are continued as follows: (1) Parties to designate any experts
by December 23, 2011; (2) Parties to submit rebuttal disclosure on December 30, 2011; and (3)
all non-expert discovery to be completed January 13, 2012.

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Dated: _12/6/11

___________________________________
Hon. Saundra Brown Armstrong
UNITED STATES DISTRICT JUDGE

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REQUEST FOR CONTINUANCE OF DECEMBER 2011 CASE MANAGEMENT DEADLINES IN
PREPARATION FOR FURTHER SETTLEMENT CONFERENCE

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PROOF OF SERVICE

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ECF/PACER FILE AND SERVE

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I, Thomas F. Vandenburg, declare:
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I am over the age of 18 years and am not a party to the within action. I am

employed by Dongell Lawrence Finney LLP in the City of Los Angeles, State of California.

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2.

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CA 90017-3609.

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My business address is 707 Wilshire Boulevard, 45th Floor, Los Angeles,

On December 6, 2011, I served a copy of the foregoing document, titled:

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REQUEST FOR CONTINUANCE OF DECEMBER 2011 CASE MANAGEMENT

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DEADLINES IN PREPARATION FOR FURTHER SETTLEMENT CONFERENCE, by:

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[X]

Filing and serving directly through ECF/Pacer at the USDC-

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Northern District of California website at: website at:

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https://ecf.cand.uscourts.gov at approximately 6:00 p.m. PST.

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I declare under penalty of perjury under the laws of the State of California and the

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United States of America that the foregoing is true and correct. Executed on December 5, 2011,

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at Los Angeles, California.

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/s/ Thomas F. Vandenburg
By: _____________________________
Thomas F. Vandenburg

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REQUEST FOR CONTINUANCE OF DECEMBER 2011 CASE MANAGEMENT DEADLINES IN
PREPARATION FOR FURTHER SETTLEMENT CONFERENCE

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PROOF OF SERVICE VIA U.S. MAIL

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Re: Tyco Thermal Controls, LLC v. Redwood Industrials, et al.
United States District Court, Northern District Case No. 4:06-cv-07164-SBA
I am employed in the County of Los Angeles, State of California. I am over the
age of 18 and not a party to the within action; my business address is 707 Wilshire Boulevard,
45th Floor, Los Angeles, CA 90017-3609.
On the date set forth below, I served the foregoing documents described as
follows by placing a true copy thereof enclosed in a sealed envelope(s) addressed as follows:

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REQUEST FOR CONTINUANCE OF DECEMBER 2011 CASE MANAGEMENT
DEADLINES IN PREPARATION FOR FURTHER SETTLEMENT CONFERENCE

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By placing a true copy thereof enclosed in a sealed envelope(s) addressed on the Attached
Service List on the interested parties named herein and in the manner indicated

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[X]

BY MAIL I deposited such envelopes in the mail at Los Angeles, California. I am
readily familiar with the firm's practice of collection and processing of correspondence
for mailing. Under that practice it would be deposited with the U.S. Postal Service on
that same day with postage thereon fully prepaid at Los Angeles, California, in the
ordinary course of business.

[ ]

(STATE) I declare under penalty of perjury that the foregoing is true and correct.

[X]

(FEDERAL) I declare that I am employed in the office of a member of the bar of this
court at whose direction the service was made.

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I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this declaration was executed on December 5, 2011, at Los
Angeles, California.

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/s/ Thomas F. Vandenburg
By: _____________________________
Thomas F. Vandenburg

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REQUEST FOR CONTINUANCE OF DECEMBER 2011 CASE MANAGEMENT DEADLINES IN
PREPARATION FOR FURTHER SETTLEMENT CONFERENCE

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SERVICE LIST (via U.S. Mail)

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Tyco Thermal Controls, LLC v. Redwood Industrials, et al.
United States District Court—Northern District of California
Case No. 4:06-cv-07164-SBA

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Arthur P. Hui
Tyco Flow Control
9 Roszel Road
Princeton, NJ 08540
Thomas Tolbert Alspach
295 Bay Street, Suite One
P.O. Box 1358
Easton, MD 21601-1358

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1900-001/67118

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REQUEST FOR CONTINUANCE OF DECEMBER 2011 CASE MANAGEMENT DEADLINES IN
PREPARATION FOR FURTHER SETTLEMENT CONFERENCE