Advanced Microtherm, Inc. v. Norman Wright Mechanical Equipment Corporation et al

Filing 1259

STIPULATION AND ORDER re 1258 Resetting Hearing on Defendants, Norman Wright Mechanical's and F.W. Spencer & Son's, Motions to Compel and Setting Briefing Schedule. Signed by Judge Patricia V. Trumbull on 1/27/10. (pvtlc1) (Filed on 1/27/2010)

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JOSEPH M. ALIOTO (#42689) THERESA D. MOORE (#99978) ANGELINA ALIOTO-GRACE (#206899) JOSEPH M. ALIOTO, JR. (#215544) 555 CALIFORNIA STREET, STE. 3160 SAN FRANCISCO, CA 94104 Telephone: [phone] Facsimile: [phone] RUSSELL F. BRASSO (#85417) FOREMAN & BRASSO 930 MONTGOMERY STREET, STE. 600 SAN FRANCISCO, CA 94133 Telephone: [phone] Facsimile: [phone] ZANE D. NEGRYCH (#171025) ATTORNEY AT LAW 471 GALEN DRIVE SAN JOSE, CALIFORNIA 95123 Telephone: [phone] Telefax: 408.629.9900 Attorney for Plaintiffs, Advanced Microtherm, Inc. and HVAC Sales, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION JOHN KARAMANOS, ADVANCED MICROTHERM, INC.; HVAC SALES, INC., Plaintiffs, vs. NORMAN WRIGHT MECHANICAL EQUIPMENT CORPORATION, et al, Defendants. Civil Action No.: C 04-2266 JW

STIPULATION AND ORDER RESETTING HEARING ON DEFENDANTS, NORMAN WRIGHT MECHANICAL'S AND F.W. SPENCER & SON'S, MOTIONS TO COMPEL AND SETTING BRIEFING SCHEDULE Judge: Hon. James Ware Magistrate Judge: Hon. Patricia Trumbull

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Stipulation and Proposed Order Resetting Hearing on Defendants, Norman Wright's and F.W. Spencer's Motions to Compel and Setting Briefing Schedule

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: WHEREAS, Defendant Norman Wright Mechanical has filed and served three (3) motions to compel Plaintiffs' further responses to discovery as follows: NORMAN WRIGHT MECHANICAL'S MOTION TO COMPEL PLAINTIFFS' FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET 2; NORMAN WRIGHT MECHANICAL'S MOTION TO COMPEL PLAINTIFFS' FURTHER RESPONSES TO NORMAN RIGHT'S SPECIAL INTERROGATORIES TO PLAINTIFFS 23-25; and NORMAN WRIGHT MECHANICAL'S MOTION TO COMPEL PLAINTIFFS' FURTHER PRODUCTION AND RESPONSES TO DEMAND FOR PRODUCTION, SET 4. Each motion presently calendared to heard by this Court on February 9, 2010. WHEREAS, Defendant F.W. Spencer has filed and served two (2) motions to compel Plaintiffs' further responses to discovery as follows: DEFENDANT F.W. SPENCER & SON, INC.'S MOTION TO COMPEL PLAINTIFF ADVANCED MICROTHERM, INC. TO PROVIDE FURTHER RESPONSES TO SPECIAL INTERROGATORIES 1-16 AND TO DETERMINE THE SUFFICIENCY OF RESPONSES TO SPECIAL INTERROGATORIES 1-16, AND REQUEST FOR SANCTIONS PURSUANT TO FRCP 37, and F.W. SPENCER & SON, INC.'S MOTION TO COMPEL PLAINTIFF ADVANCED MICROTHERM, INC. TO PRODUCE ALL DOCUMENTS RESPONSIVE TO REQUESTS FOR PRODUCTION 8-15; AND REQUEST FOR SANCTIONS. Each motion also presently calendared to heard by this Court on February 9, 2010. WHEREAS, Defendants, Norman Wright Mechanical and F.W. Spencer & Son, and Plaintiffs, Advanced Microtherm, Inc. and HVAC Sales, Inc. have stipulated to resetting the hearing date for the above referenced Motions to Compel to March 2, 2010. WHEREAS, Defendants, Norman Wright Mechanical and F.W. Spencer & Son, and Plaintiffs, Advanced Microtherm, Inc. and HVAC Sales, Inc. have stipulated to resetting the

Stipulation and Proposed Order Resetting Hearing on Defendants, Norman Wright's and F.W. Spencer's Motions to Compel and Setting Briefing Schedule

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deadlines for the filing and service of Plaintiffs' Opposition papers and any Reply papers to be filed and served by each Defendant to the following dates: Plaintiffs' Opposition papers: Defendants' Reply papers: January 28, 2010 by 12:00 p.m.; Pursuant to this Court's Local Rules based upon the new hearing date of March 2, 2010.

Dated: January 26, 2010 _______/S/_______________ ZANE D. NEGRYCH, ESQ., Attorney for Plaintiffs, Advanced Microtherm, Inc. and HVAC Sales, Inc. Dated: January 26, 2010 _______/S/_______________ LISA D. WRIGHT, ESQ., Attorney for Defendant Norman Wright Mechanical Corp. Dated: January 26, 2010 _______/S/_______________ SLOAN C. BAILEY, ESQ., Attorney for Defendants F.W. Spencer & Son, Inc. NOW, THEREFORE, the parties agree and the Court orders: Each motion identified in the above stipulation by the parties shall be heard by this Court on March 2, 2010. The due dates for Plaintiffs' Opposition papers and any Reply papers to be filed by Defendants, Norman Wright Mechanical and/or F.W. Spencer & Son shall be as follows: Plaintiffs' Opposition papers: Defendants' Reply papers: January 28, 2010 by 12:00 p.m.; Pursuant to this Court's Local Rules based upon the new hearing date of March 2, 2010.

IT IS SO ORDERED.
DATED: 1/27/10 _______________________________________ MAGISTRATE JUDGE PATRICIA V. TRUMBULL
Stipulation and Proposed Order Resetting Hearing on Defendants, Norman Wright's and F.W. Spencer's Motions to Compel and Setting Briefing Schedule

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