Tyco Thermal Controls, LLC v. Redwood Industrials et al

Filing 64

STIPULATION AND ORDER re 62 Joint Discovery Plan, Mediation Schedule, Extension of Pretrial and Trial Dates. Signed by Judge Jeremy Fogel on 3/31/09. (dlm, COURT STAFF) (Filed on 4/3/2009)

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FOLGER LEVIN & KAHN LL P
A T T O R N E Y S A T LAW

FOLGER LEVIN & KAHN LLP Margaret R. Dollbaum (CSB No. 093725, [e-mail]) Nathanial J. Wood (CSB No. 223547, [e-mail]) Embarcadero Center West 275 Battery Street, 23rd Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants, Counter-Claimants, and Cross-Claimants Redwood Industrials, Roland Lampert and Audrey Lampert UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

TYCO THERMAL CONTROLS, LLC, Plaintiff, v. REDWOOD INDUSTRIALS, et al., Defendants. AND RELATED COUNTER AND CROSS-ACTIONS

Case No. C 06 07164 JF RS STIPULATION FOR JOINT DISCOVERY PLAN, MEDIATION SCHEDULE, EXTENSION OF PRETRIAL AND TRIAL -----------------DATES, AND [PROPOSED] ORDER Trial Date: October 23, 2009 Dept.: Courtroom 3 Judge: Hon. Jeremy Fogel ACTION FILED: November 17, 2006

WHEREAS mediation has been set before the court-assigned mediator, ADR Program Staff Attorney Daniel Bowling, on Thursday, June 11, 2009, beginning at 10:00 a.m. at the courthouse, IT IS HEREBY STIPULATED THAT the parties to the above-titled action enter into this Stipulation for a Joint Discovery Plan, Mediation Schedule, and Extension of Pretrial and Trial Dates at the direction of the Court's ADR administrator assigned to mediate this matter, Mr. Daniel Bowling, to facilitate phased completion of certain discovery prior to mediation of this matter in the Court's Alternative Dispute Resolution program. The parties agree that further discovery would aid efforts to reach a resolution of this litigation in advance of trial. ///
STIP. FOR JOINT DISCOVERY PLAN, MEDIATION SCHEDULE, PRETRIAL & TRIAL DATE EXTENSION, [PROPOSED] ORDER; CASE NO. C 06 07164 JF RS

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FOLGER LEVIN & KAHN LL P
A T T O R N E Y S A T LAW

I.

EXTENSION OF PRE-TRIAL DEADLINES The parties agree to extend the existing pre-trial and trial dates, subject to court approval,

in accordance with the recommendation of Mr. Bowling. Accordingly, the parties agree to the following revised schedule for this case: Event Discovery Cut-off Disclosure of Expert Witnesses Final Date to Hear Dispositive Motions Pretrial Disclosures Joint Pretrial Conference Statement Due Motions in Limine Due Proposed Jury Instructions, Voir Dire Questions and Jury Questionnaire Due Pretrial Conference; Trial Exhibits Due Trial II. Existing Date June 12, 2009 July 24, 2009 August 21, 2009 September 23, 2009 October 1, 2009 October 6, 2009 October 14, 2009 October 16, 2009 October 23, 2009 SCOPE OF DISCOVERY PRIOR TO MEDIATION The ADR director recommends, and the Defendants intend to pursue and complete the following additional discovery before the mediation of this matter: 1. Production of all documents and records in the possession, custody or control of Tyco Thermal Controls, LLC, Tyco International (PA), Inc. and Tyco Electronics and responsive to document requests and subpoenas served by defendants. Production to be completed before April 1, 2009. 2. Depositions of custodians of records of Tyco International (PA), Inc. and Tyco Electronics in response to previously served subpoenas. Depositions to be completed by April 1, 2009, or as soon thereafter as reasonably possible. 3. Deposition of Tyco Thermal Controls, LLC rule 30(b)(6) witnesses related to New Date August 31, 2009 October 16, 2009 November 6, 2009 December 9, 2009 December 16, 2009 January 15, 2010 January 20, 2010 January 22, 2010 January 29, 2010

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STIP. FOR JOINT DISCOVERY PLAN, MEDIATION SCHEDULE, PRETRIAL & TRIAL DATE EXTENSION, [PROPOSED] ORDER; CASE NO. C 06 07164 JF RS

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FOLGER LEVIN & KAHN LL P
A T T O R N E Y S A T LAW

operational history of facilities at 2201 Bay Road from 1973 to the present; specific topics to be enumerated in deposition notice(s). Deposition(s) to be completed before April 29, 2009. 4. Deposition of 1-3 percipient witnesses related to operational history of facilities at 2201 Bay Road from 1973 to the present. Depositions to be completed before April 29, 2009. 5. Deposition of Paul Cook, former CEO of Raychem Corporation. Deposition to be completed between April 29 and May 7, 2009, depending upon witness availability. The parties agree to undertake good-faith efforts to complete this proposed discovery in the manner proposed herein but reserve all rights to object to or seek judicial intervention to protect against any such discovery. The parties further agree that, to the extent disputes surrounding the proposed discovery cannot be resolved without court intervention, they will endeavor to undertake the mediation by the proposed date, or as soon thereafter as practicable. SO STIPULATED.

Dated: March 26, 2009

STANZLER, FUNDERBURK & CASTELLON LLP

_/s/ Jordan S. Stanzler _____ __ Jordan S. Stanzler Counsel for Plaintiff TYCO THERMAL CONTROLS, LLC Dated: March 26, 2009 FOLGER LEVIN & KAHN LLP

_/s/ Margaret R. Dollbaum ________ Margaret R. Dollbaum Counsel for Defendants, Counter-claimants and Cross-defendants REDWOOD INDUSTRIALS, ROLAND LAMPERT and AUDREY LAMPERT Dated: March 26, 2009 GORDON & REES LLP

_/s/ Mordecai D. Boone _____ __ Mordecai D. Boone Counsel for Cross-defendant, Cross-claimant ROWE INDUSTRIES, INC. -3STIP. FOR JOINT DISCOVERY PLAN, MEDIATION SCHEDULE, PRETRIAL & TRIAL DATE EXTENSION, [PROPOSED] ORDER; CASE NO. C 06 07164 JF RS

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FOLGER LEVIN & KAHN LL P
A T T O R N E Y S A T LAW

Dated: March 26, 2009

LEWIS BRISBOIS BISGAARD & SMITH LLP

_/s/ Paul A. Desrochers _____ __ Paul A. Desrochers Glenn A. Friedman Counsel for Defendants, Cross-Defendants and Cross-Claimants CARLISLE COMPANIES INCORPORATED, CARLISLE CORPORATION and TENSOLITE COMPANY, sued erroneously herein as TENSOLITE INSULATED WIRE PACIFIC DIVISION, INC. and TENSOLITE INSULATEDWIRE CO.

IT IS SO ORDERED 3/31 DATED: _______________________, 2009 __________________________________ HON. JEREMY FOGEL UNITED STATES DISTRICT JUDGE

78072\8001\648719.4

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STIP. FOR JOINT DISCOVERY PLAN, MEDIATION SCHEDULE, PRETRIAL & TRIAL DATE EXTENSION, [PROPOSED] ORDER; CASE NO. C 06 07164 JF RS