Schlumberger Technology Corporation, Inc v. East Charleston, Inc et al

Filing 222

Order by Hon. Lucy H. Koh granting 220 Stipulation to Withdrawal of Jury Demand and Consent to Nonjury Trial.(lhklc2, COURT STAFF) (Filed on 4/18/2013)

Case5:11-cv-02587-LHK Document220 Filed04/17/13 Page1 of 3

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RICHARD C. COFFIN (State Bar No. 70562); [e-mail]
J. THOMAS BOER (State Bar No. 199563); [e-mail]
ESTIE M. KUS (State Bar No. 239523); [e-mail]
NICOLE M. MARTIN (State Bar No. 267230); [e-mail]
BARG COFFIN LEWIS & TRAPP, LLP
350 California Street, 22nd Floor
San Francisco, California 94104-1435
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiff
SCHLUMBERGER TECHNOLOGY CORPORATION, INC.
and Third Party Defendant
NATIONAL SEMICONDUCTOR (MAINE), INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SCHLUMBERGER TECHNOLOGY
CORPORATION, Inc., a Texas corporation,

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Plaintiff,
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Case No. CV 11-02587 LHK
STIPULATION TO WITHDRAWAL OF
JURY DEMAND AND CONSENT TO
NONJURY TRIAL

v.
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Fed. R. Civ. P. 38(d), 39(a)(1)
EAST CHARLESTON, INC., a California
corporation; PACIFIC AMERICAN
MANAGEMENT COMPANY, a California
Limited Liability Corporation,
Defendants.
AND RELATED CASES

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STIPULATION TO WITHDRAWAL OF JURY DEMAND AND CONSENT TO NONJURY TRIAL
ORDER; Case No. CV 11-02587 LHK
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Case5:11-cv-02587-LHK Document220 Filed04/17/13 Page2 of 3

STIPULATION

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WHEREAS, Defendants East Charleston, Inc. (“ECI”) and Pacific American

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Management Company (“PAMCO”) have demanded a jury trial in this action pursuant to Federal

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Rule of Civil Procedure 38 [Docket for Case No. CV 11-02587 LHK Nos. 10, 54, 70, 93, and

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154];
WHEREAS, none of the other parties in this action filed a demand for a jury trial in this

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action; and
WHEREAS, the parties seek to have all issues in this matter tried by the Court in the

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absence of a jury;

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NOW THEREFORE, consistent with Federal Rules of Civil Procedure 38(d) and

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39(a)(1), Civil Local Rule 7-12, and the Court’s April 1, 2013 Order Granting in Part and

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Denying in Part Stipulation to Clarify and Consolidate Case Schedule, the Parties jointly stipulate

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to, and ask the Court to enter the attached Proposed Order providing that all issues in this case

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will be tried before the bench. The Parties, through their counsel of record, further stipulate to

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the following:

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ECI and PAMCO hereby withdraw their demand for jury trial and consent to a nonjury

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trial by the Court of all issues in this action, pursuant to Federal Rules of Civil Procedure

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38(d) and 39(a)(1).

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DATED: April 15, 2013

GREBEN & ASSOCIATES

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By:
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/s/ JAN A. GREBEN
JAN A. GREBEN
Attorneys for Defendants
East Charleston, Inc. and
Pacific American Management Company

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///

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///

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///
STIPULATION TO WITHDRAWAL OF JURY DEMAND AND CONSENT TO NONJURY TRIAL;
Case No. CV 11-02587 LHK

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2663800.1

Case5:11-cv-02587-LHK Document220 Filed04/17/13 Page3 of 3

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Schlumberger Technology Corporation, Inc., National Semiconductor (Maine), Inc., Advalloy,

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Inc., by and through Intervenor Great American Insurance Company of New York, and

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Intervenor Travelers Casualty and Surety Company fka The Aetna Casualty and Surety

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Company, as Alleged Insurer of Suspended Corporation Third-Party Defendant Advalloy, Inc.,

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hereby stipulate their consent to a nonjury trial by the Court of all issues in this case and consent

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to ECI and PAMCO’s withdrawal of their jury demand, pursuant to Federal Rules of Civil

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Procedure 38(d) and 39(a)(1).

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DATED: April 15, 2013

BARG COFFIN LEWIS & TRAPP, LLP

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By: /s/ J. THOMAS BOER
J. THOMAS BOER
Attorneys for Plaintiff
Schlumberger Technology Corporation, Inc.

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DATED: April 17, 2013

WOOD, SMITH, HENNING & BERMAN LLP

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By: /s/ EMIL A. MACASINAG
EMIL A. MACASINAG
Attorneys for Third Party Defendant,
Counter-Claimant and Cross-Claimant
ADVALLOY INC. by and through
Intervenor GREAT AMERICAN
INSURANCE COMPANY OF NEW YORK

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DATED: April 17, 2013

LEWIS BRISBOIS BISGAARD & SMITH LLP
By: /s/ JOSEPH A. SALAZAR JR.
JOSEPH A. SALAZAR JR.
Attorneys for INTERVENOR TRAVELERS
CASUALTY AND SURETY COMPANY
fka THE AETNA CASUALTY AND
SURETY COMPANY As Alleged Insurer of
Suspended Corporation Third- Party
Defendant ADVALLOY, INC.

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STIPULATION TO WITHDRAWAL OF JURY DEMAND AND CONSENT TO NONJURY TRIAL;
Case No. CV 11-02587 LHK

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2663800.1

Case5:11-cv-02587-LHK Document220-1 Filed04/17/13 Page1 of 2

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RICHARD C. COFFIN (State Bar No. 70562); [e-mail]
J. THOMAS BOER (State Bar No. 199563); [e-mail]
ESTIE M. KUS (State Bar No. 239523); [e-mail]
NICOLE M. MARTIN (State Bar No. 267230); [e-mail]
BARG COFFIN LEWIS & TRAPP, LLP
350 California Street, 22nd Floor
San Francisco, California 94104-1435
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiff
SCHLUMBERGER TECHNOLOGY CORPORATION, INC.
and Third Party Defendant
NATIONAL SEMICONDUCTOR (MAINE), INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SCHLUMBERGER TECHNOLOGY
CORPORATION, Inc., a Texas corporation,

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Plaintiff,
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v.

Case No. CV 11-02587 LHK
[PROPOSED] ORDER RE:
WITHDRAWAL OF JURY DEMAND AND
CONSENT TO NONJURY TRIAL

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EAST CHARLESTON, INC., a California
corporation; PACIFIC AMERICAN
MANAGEMENT COMPANY, a California
Limited Liability Corporation,
Defendants.
AND RELATED CASES

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[PROPOSED] ORDER RE: WITHDRAWAL OF JURY DEMAND AND CONSENT TO NONJURY TRIAL;
Case No. CV 11-02587 LHK
2663841.1

Case5:11-cv-02587-LHK Document220-1 Filed04/17/13 Page2 of 2

[PROPOSED] ORDER

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Pursuant to the Stipulation and [Proposed] Order Re: Withdrawal of Jury Demand and

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Consent to Nonjury Trial, the Court approves the withdrawal of the jury demand by East

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Charleston, Inc., and Pacific American Management Company, and it is hereby ordered that all

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issues in this case will be tried by bench trial.

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IT IS SO ORDERED.

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April 18
Dated: ________________, 2013

_________________________________
Honorable Lucy H. Koh
United States District Court

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[PROPOSED] ORDER RE: WITHDRAWAL OF JURY DEMAND AND CONSENT TO NONJURY TRIAL;
Case No. CV 11-02587 LHK

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2663841.1