Fredricks v. Shell Oil Company et al

Filing 45

STIPULATION AND CASE MANAGEMENT SCHEDULING ORDER: Discovery due by 6/1/2012. Motions due by 7/24/2012. Pretrial Conference set for 10/9/2012 01:00 PM before Hon. Saundra Brown Armstrong.. Signed by Judge ARMSTRONG on 11/18/11. (lrc, COURT STAFF) (Filed on 11/18/2011)

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Andrej L. Stoelting (SBN 225718)
Lee W. Clark (SBN 175238)
Lisa A. Lenoci (SBN 138537)
DIMALANTA CLARK, LLP
591 Redwood Hwy, Suite 2320
Mill Valley, CA 94941-6022
[phone] Telephone
[phone] Facsimile
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant
UNITED/ANCO SERVICES, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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STEVEN M. FREDRICKS, et al.

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Plaintiff,
v.
EQUILON ENTERPRISES, LLC d.b.a.
SHELL OIL PRODUCTS U.S., et al.
Defendants.

Case No. 4:10-cv-05758 SBA
2nd STIPULATION AND ORDER
EXTENDING DISCOVERY AND
PRETRIAL PREPARATION AND TO
RESCHEDULE JURY TRIAL DATE
[Civ.L.R. 6-1(b) 6-2]
Trial Date: April 9, 2012

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Pursuant to Civil Local Rule 6-1(b) and 6-2 of the United States District Court for the

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Northern District of California, it is hereby stipulated by and between Plaintiff Steven M.

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Fredricks (“Plaintiff”); Defendant Equilon Enterprises, LLC (“Equilon”); Defendant Certified

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Safety Specialists (“Certified”); and Defendant United/Anco Services, Inc. (“United/Anco”), by

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and through their respective counsel of record, as follows:
-1STIPULATION AND ORDER EXTENDING DISCOVERY AND PRETRIAL
PREPARATION AND RESCHEDULE JURY TRIAL DATES
Case No. 4:10-CV-05758 SBA

The parties have stipulated that, upon approval of the Court, dates set forth in this Court’s

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April 27, 2011 Amended Order for Pretrial Preparation (the “April 27, 2011 Order”) may be

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extended as follows:

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A.

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The deadline for joinder of parties and amending pleadings has expired and will not be

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DEADLINE FOR JOINDER OF PARTES/AMENDING THE PLEADINGS

affected by this amended order.

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B.

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On June 1, 2012, all non-expert discovery shall be completed, including all depositions,

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DISCOVERY CUT-OFF

and any discovery motions must be heard on or before June 1, 2012.

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C.

EXPERT DESIGNATION AND DISCOVERY

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On or before June 1, 2012, plaintiff shall disclose expert testimony and reports in

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accordance with Federal Rule of Civil Procedure 26(a)(2) and on or before June 1, 2012,

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defendants shall disclose expert testimony and reports in accordance with Federal Rule of Civil

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Procedure 26(a)(2). Rebuttal expert disclosures shall be served on or before July 6, 2012, and

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expert discovery, including expert depositions, shall be completed on or before September 4,

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2012.

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D.

MOTION CUT-OFF

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All motions, including dispositive motions, shall be heard on or before July 24, 2012, all

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such motions to comply with the details of motion procedure as detailed in the April 27, 2011

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Order for pretrial preparation.

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E.

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All parties shall attend and participate in a mandatory settlement conference with a

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MANDATORY SETTLEMENT CONFERENCES

Magistrate Judge in the period between August 15, 2012 – September 4, 2012.
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PREPARATION AND RESCHEDULE JURY TRIAL DATES
Case No. 4:10-CV-05758 SBA

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F.

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All counsel who will try the case shall appear for a pretrial conference in Courtroom 3 on

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PRETRIAL CONFERENCE

October 9, 2012, at 1:00 pm.
G.

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PRETRIAL PREPARATION

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1.

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No later than September 4, 2012 (35 calendar days prior to the pretrial

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Meet and Confer

conference), counsel shall meet and confer in good faith as detailed in the April 27, 2011 Order.

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2.

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No later than September 11, 2012 (28 calendar days prior to the pretrial

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Trial Documents

conference), counsel shall serve and file the following as detailed in the April 27, 2011 Order:

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a.

Joint Pretrial Statement;

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b.

Trial Briefs;

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c.

Findings of Fact (if applicable);

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d.

Witness List;

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e.

Designation of Discovery Excerpts;

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f.

Jury Instructions;

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g.

Jury Voir Dire and Verdict Forms; and

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h.

Exhibits.

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3.

Motions in Limine and Objections to Evidence

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No later than September 18, 2012 (21 calendar days prior to the pretrial

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conference) shall file and serve Motions in Limine and/or Objections to Evidence as detailed in

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the April 27, 2011 Order.

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//
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PREPARATION AND RESCHEDULE JURY TRIAL DATES
Case No. 4:10-CV-05758 SBA

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4.

Responses to Motions in Limine and Objections to Evidence

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No later than September 25, 2012 (14 calendar days prior to the pretrial

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conference) responses to motions in limine and/or objections to evidence shall be filed and

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served as detailed in the April 27, 2011 Order.

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5.

Replies to Motions in Limine and Objections to Evidence

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No later than October 2, 2012 (7 calendar days prior to the pretrial conference)

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replies to motions in limine and/or objections to evidence shall be filed and served as detailed in

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the April 27, 2011 Order.

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H.

TRIAL DATE

Trial before the JURY will begin on October 15, 2012, at 8:30 am for an estimated 7-9

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trial days as detailed in the April 27, 2011 Order. The trial will take place in Courtroom 1 of the

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United States Courthouse, 1301 Clay Street, 4th Floor, Oakland, California, 94612. On the first

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day of trial all parties are required to have someone personally present in the Court with full

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Settlement Authority.

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I.

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Instructions set forth as detailed in the April 27, 2011 Order.

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J.

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Instructions set forth as detailed in the April 27, 2011 Order.

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K.

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Admonition set forth as detailed in the April 27, 2011 Order.

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L.

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The parties to commence private ADR no later than March 30, 2012 pursuant to Civil

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TRANSCRIPTS

STATUS AND DISCOVERY CONFERENCES

SANCTIONS

ADR PROCESS

L.R. 16-8 and ADR L.R. 3-5.
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PREPARATION AND RESCHEDULE JURY TRIAL DATES
Case No. 4:10-CV-05758 SBA

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GOOD CAUSE EXISTS FOR THE REQUESTED AMENDMENT

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Defendant United/Anco was served the second amended complaint on August 2, 2011

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and upon the stipulation of the parties, the United/Anco answer was filed and served on

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September 6, 2011. Counsel has been diligently gathering information to provide responses,

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prepare disclosures, retain and inform experts, and conduct a serious and meaningful evaluation

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of the liability issues in the ensuing six weeks. Counsel is now receiving and reviewing

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documents and disclosures from the parties that have been in the case since its inception and

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communicating with counsel almost daily. Counsel have been courteous and professional in

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providing information and still Defendant United/Anco is under serious time constraints to digest

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the materials provided, identify and locate percipient witnesses, and obtain and process complex

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medical records before meaningful discovery and depositions can commence.

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This Court’s April 27, 2011 Order setting forth the case schedule designated the

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discovery cut-off to be December 30, 2011. As Defendant United/Anco filed an answer on

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September 6, 2011, the April 27, 2011 Order closing discovery (“all discovery shall be

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completed and all depositions taken on or before 12/30/2011”) does not provide United/Anco

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with adequate time to perform a thorough evaluation and/or locate and prepare complete and

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accurate discovery. At present, it is counsel’s understanding that no depositions have been set

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since the witnesses are still being located and identified. In meet and confer with all counsel it is

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apparent that, despite diligent efforts to identify and locate knowledgeable witnesses, more time

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would appreciably improve the information to all parties and better inform the mediation effort.

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Upon the stipulation of the parties, this matter has been ordered to private alternative

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dispute resolution. With continued diligent action by all counsel, the matter will proceed through

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that ADR process by March 30, 2012.
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PREPARATION AND RESCHEDULE JURY TRIAL DATES
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This is the first request to modify the Court’s scheduling order in this case. This request

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is brought in good faith and for good cause and upon the considered stipulation of all parties.

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Though a trial date was previously set for April 9, 2012, and this extension will require the trial

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date to be rescheduled, no party will suffer prejudice, the extension is appropriate to avoid

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prejudice to the newly appearing party, United/Anco. The Court is assured that counsel is

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making all diligent efforts to move this case forward, and that this request is made because the

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extended schedule will provide the parties with the necessary time to prepare for mediation

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and/or trial.

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IT IS SO STIPULATED.
Date: November 16, 2011

/s/ Andrej L. Stoelting
______________________________
By: Andrej L. Stoelting
Attorneys for Defendant
UNITED/ANCO SERVICES, INC.

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Dated: November 16, 2011

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DREYER BABICH BUCCOLA WOOD, LLP
/s/ Christopher W. Wood
___________________________
By: Christopher W. Wood
Attorneys for Plaintiff
STEVEN M. FREDRICKS

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DIMALANTA CLARK, LLP

Dated: November 16, 2011

DAVIS WRIGHT TREMAINE LLP
/s/ Sam N. Dawood
______________________________
By: Sam N. Dawood
Attorneys for Defendant
EQUILON ENTERPRISES LLC,
d/b/a SHELL OIL PRODUCTS U.S.

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Dated: November 16, 2011

MICHEL & FACKLER, A.P.C.
/s/ Michael D. Michel
______________________________
By: Michael D. Michel
Attorneys for Defendant
CERTIFIED SAFETY SPECIALISTS

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ORDER

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Pursuant to stipulation and for good cause appearing, the foregoing is approved and IT IS

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SO ORDERED.

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Dated: _11/17/11

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_____________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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-7STIPULATION AND ORDER EXTENDING DISCOVERY AND PRETRIAL
PREPARATION AND RESCHEDULE JURY TRIAL DATES
Case No. 4:10-CV-05758 SBA

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DECLARATION OF COUNSEL

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I, ANDREJ L. STOELTING, do hereby declare as follows:

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1.

I am admitted to practice before the United States District Court for the Northern

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District of California, in good standing, and a partner with Dimalanta Clark, LLP, counsel for

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Defendant UNITED/ANCO SERVICES, INC. (“United/Anco”) in the above-captioned matter.

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2.

On April 27, 2011, the Court issued an AMENDED ORDER FOR PRETRIAL

PREPARATION in which the trial of the matter was set for April 9, 2012.
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On June 20, 2011, the Court granted plaintiff leave to file a second amended

complaint in which United/Anco was named a defendant.
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On September 6, 2011, United/Anco first appeared in this action. As a result of

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its recent appearance, United/Anco has not had adequate time to investigate plaintiff’s claims or

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to conduct discovery, only recently having received prior documents and productions to evaluate.

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5.

I have engaged all counsel in frequent discussions and appreciate their diligence

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in providing information and their patience as I have been attempting to locate percipient

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witnesses and responsive documents regarding the jobsite and plaintiff’s incident.

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6.

In speaking to all counsel, I can aver that each has agreed that fair play and due

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process for my client would best be served by modifying the current case schedule as set forth in

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the preceding stipulation so that meaningful mediation may be conducted and the parties may

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have adequate time to prepare for complete and thorough discovery and depositions.

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

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Executed this 16th day of November, 2011, at Mill Valley, California.

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/s/ Andrej L. Stoelting
_________________________
ANDREJ L. STOELTING
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PREPARATION AND RESCHEDULE JURY TRIAL DATES
Case No. 4:10-CV-05758 SBA

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CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing instrument was served upon the

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attorneys of record of all parties to the above cause in accordance with Rule 5, Federal Rules of

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Civil Procedure, through ECF on November 16, 2011.

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/s/ Andrej L. Stoelting
_______________________________
ANDREJ L. STOELTING

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Case No. 4:10-CV-05758 SBA