Schaffner v. Crown Equipment Corporation

Filing 224

STIPULATION AND ORDER Pretrial Conference set for 7/10/2012 01:00 PM before Hon. Saundra Brown Armstrong. Jury Selection set for 7/16/2012 08:30 AM before Hon. Saundra Brown Armstrong. Jury Trial set for 7/16/2012 08:30 AM before Hon. Saundra Brown Armstrong.. Signed by Judge ARMSTRONG on 3/14/12. (lrc, COURT STAFF) (Filed on 3/14/2012)

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KENNETH E. KELLER (SBN: 71450)

DANIEL J. SCULLY, JR. (SBN: 94661)

[e-mail]

[e-mail]

MICHAEL D. LISI (SBN 196974)

CLARK HILL P.C.
500 Woodward Avenue, Suite 2500
Detroit, Michigan 48226
Telephone: [phone]
Facsimile: [phone]

[e-mail]

GARTH A. ROSENGREN (SBN 215732)
[e-mail]

KRIEG, KELLER, SLOAN, REILLEY & ROMAN LLP
th
5 555 Montgomery Street, 17 Floor
San Francisco, CA 94111
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Facsimile: [phone]
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Attorneys for Defendant CROWN EQUIPMENT CORP.

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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(OAKLAND DIVISION)

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FRANK SCHAFFNER,

Case No.: C09-00284 SBA

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Plaintiff,

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CROWN EQUIPMENT CORPORATION dba
CROWN LIFT TRUCKS, NORTHWEST
HANDLING SYSTEM, INC.,

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STIPULATION AND [PROPOSED]
ORDER RE TRIAL DATE

v.

Defendants.
NORTHWEST HANDLING SYSTEMS,
INC.,
Cross-Claimant,

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v.

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CROWN EQUIPMENT CORPORATION dba
CROWN LIFT TRUCKS, and DOES I-X,
inclusive, and EACH OF THEM,

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Cross-Defendants.
COSTCO WHOLESALE CORP.,
Lien Claimant.

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STIPULATION AND [PROPOSED] ORDER RE TRIAL DATE
Case No.: C09-00284 SBA

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WHEREAS on February 10, 2012, the Court entered an order vacating the dates for

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the pretrial conference and trial in this matter, and set a Case Management Conference for

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February 29, 2012 for the purpose of re-scheduling those dates;

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WHEREAS counsel for Plaintiff Frank Schaffner (“Plaintiff”), Defendant Crown

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Equipment Corporation (“Crown”), and Defendant and Cross-Complainant North West

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Handling Systems, Inc. (“NWHS”) appeared telephonically for the Case Management

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Conference on February 29th;

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WHEREAS at the Case Management Conference, the Court tentatively set a trial date
of June 25, 2012, and the parties raised various concerns regarding scheduling conflicts for
counsel and potential witnesses;

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WHEREAS, in response to those concerns, the Court ordered the parties to meet and

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confer about a possible alternative date, and if possible, to prepare and file a stipulation and

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proposed order to re-set the trial and pretrial conference to another date, provided the trial

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would be concluded by no later than the end of July 2012;

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WHEREAS, the parties have now met and conferred regarding the respective

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schedules of counsel and witnesses, and have determined that starting the trial in this matter

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on July 16, 2012, would allow the parties to resolve all of their scheduling issues, save for

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Plaintiff’s concern regarding the availability of his expert witness, Dr. Ziernicki; and

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WHEREAS, in order to accommodate Dr. Ziernicki’s schedule, the parties have

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further agreed that Dr. Ziernicki may, if necessary, be allowed to testify on July 20, 2012,

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even if such testimony would occur during a portion of the trial ordinarily reserved for

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Defendant’s witnesses, unless Dr. Ziernicki’s schedule opens so that he may testify earlier.

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THEREFORE, IT IS HERBY STIPULATED by and between counsel for Plaintiff,
Crown, and NWHS, and subject to approval by the Court:
(a) the trial in this matter shall be re-set for July 16, 2012 at 8:30 AM, and the pretrial
conference shall be re-set for June 26, 2012 at 1:00 PM;

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(b) subject to the Court’s ruling on Crown’s motion in limine to exclude portions of

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Dr. Ziernicki’s testimony, and without waiving any of defendants’ objections to
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STIPULATION AND [PROPOSED] ORDER RE TRIAL DATE
Case No.: C09-00284 SBA

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such testimony, Dr. Ziernicki will be permitted to testify not later than July 20,

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2012, even if such testimony would occur during that portion of the trial reserved

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for defendants’ witnesses; and

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(c) if Dr. Ziernicki’s schedule changes and he is available earlier than July 20, 2012,

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then Dr. Ziernicki’s testimony (if any) will be presented during Plaintiff’s case-in-

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chief.

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Dated: March 14, 2012

KRIEG, KELLER, SLOAN, REILLEY & ROMAN LLP

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By: _______________/s/______________________
Michael D. Lisi
Attorneys for Defendant CROWN EQUIPMENT
CORP.

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Dated: March 14, 2012

WELTIN STREB WELTIN LLP

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By: _______________/s/______________________
Daniel R. Weltin
Attorneys for Plaintiff FRANK SCHAFFNER

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Dated: March 14, 2012

LEWIS BRISBOIS BISGAARD & SMITH LLP

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By: _______________/s/______________________
Nora M. Nachtsheim
Attorneys for Defendant and Cross-Claimant for
NORTH WEST HANDLING SYSTEMS, INC.
I hereby attest that I have been authorized by the above counsel to execute on their behalf
this Stipulation and [Proposed] Order Re Trial Date.
Executed on this 13th day of March, 2012, at San Francisco, California.
_________/s/_________________________
Michael D. Lisi
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STIPULATION AND [PROPOSED] ORDER RE TRIAL DATE
Case No.: C09-00284 SBA

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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A seven (7) day jury trial in this matter shall be re-set for July 16, 2012 at 8:30 a.m.

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and the pretrial conference shall be re-set for July 10, 2012 at 1:00 p.m.

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Dated: March 14, 2012
____________________________________________
HONORABLE SAUNDRA BROWN ARMSTRONG
UNITED STATES DISTRICT JUDGE

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STIPULATION AND [PROPOSED] ORDER RE TRIAL DATE
Case No.: C09-00284 SBA