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

Filing 64

ORDER. Signed by Judge Lucy H. Koh on 3/22/2012. (lhklc2, COURT STAFF) (Filed on 3/22/2012)

Case5:11-cv-02587-LHK Document60 Filed03/15/12 Page1 of 2

1 David F. Wood (State Bar No. 68063)
Jon-Erik W. Magnus (State Bar No. 278242)
2 Wood, Smith, Henning & Berman LLP
10960 Wilshire Boulevard, 18th Floor
3 Los Angeles, California 90024-3804
Phone: [phone] ♦ Fax: [phone]
4
5 Attorneys for Third Party Defendant, Counter-Claimant and Cross-Claimant ADVALLOY,
INC. by and through Intervener GREAT AMERICAN INSURANCE COMPANY OF NEW
6 YORK
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA - SAN JOSE DIVISION

Attorneys at Law
10960 WILSHIRE BOULEVARD, 18TH FLOOR
LOS ANGELES, CALIFORNIA 90024-3804
TELEPHONE [phone] ♦ FAX [phone]

WOOD, SMITH, HENNING & BERMAN LLP

10
11 SCHLUMBERGER TECHNOLOGY
CORPORATION, INC., a Texas
12 Corporation,
13
14

Plaintiff,
v.

15 EAST CHARLESTON, INC., a California
Corporation; PACIFIC AMERICAN
16 MANAGEMENT COMPANY, a California
Limited Liability Corporation,
17
Defendant.
18

Case No. 5:11-CV-02587-LHK
ADVALLOY'S STATUS REPORT
REGARDING THE SCHLAGER
PARTIES; [PROPOSED] ORDER
Complaint Filed: 5/27/2011
[Assigned to U.S. District Judge Lucy H. Koh,
Courtroom 8 - 4th Floor]

Discovery Cutoff:
Motion Cutoff:
Trial Date:

10/1/2012
1/31/2013
5/20/2013

19 AND RELATED CROSS ACTIONS.
20
21

At the Case Management Conference, February 15, 012, the Court requested that

22 the parties asserting claims against Edward E. Schlager and Gladys M. Schlager
23 (collectively, the "Schlagers") provide a status report on the Schlagers who are believed
24 to be deceased, or, in the alternative, dismiss the pending claims against the Schlagers.
25

Counsel for third-party defendant, Advalloy, Inc., by and through intervener Great

26 American Insurance, (collectively, "Advalloy") has made steps towards identifying what, if
27 any, viable assets may remain on behalf of the Schlagers and applicable to claims
28 asserted in this action. Specifically, Counsel for Advalloy has retained a private
LEGAL:05767-0003/2213645.1

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ADVALLOY'S STATUS REPORT REGARDING THE SCHLAGERS; [PROPOSED] ORDER

Case5:11-cv-02587-LHK Document60 Filed03/15/12 Page2 of 2

1 investigator to locate family members and assets of the Schlagers. To date, these efforts
2 have been met with limited success. However, we continue to pursue all viable leads,
3 including the identification of possible, surviving, family members. Advalloy is in the
4 process of contacting said members to determine what assets, if any, may be available to
5 address claims against the Schlagers. Accordingly, Advalloy, respectfully requests that it
6 be provided additional time, until May 1, 2012, to dismiss the Schlagers as Advalloy
7 pursues all viable leads in its investigation. May 1, 2012 is the deadline for parties in this
8 matter to move to add new parties.
9

Attorneys at Law
10960 WILSHIRE BOULEVARD, 18TH FLOOR
LOS ANGELES, CALIFORNIA 90024-3804
TELEPHONE [phone] ♦ FAX [phone]

Respectfully submitted,

11 DATED: March 14, 2012
WOOD, SMITH, HENNING & BERMAN LLP

10

WOOD SMITH HENNING AND BERMAN

12
13

By:

14

/s/Jon-Erik W. Magnus
Attorneys for Third Party Defendant
Advalloy, Inc., by and through Intervener
Great American Insurance Company

15
16
17

It is hereby ORDERED that:

18
Advalloy has until May 1, 2012 to dismiss or otherwise update the Court with the
19
status of service to the Schlagers.
20
21

DATED: March 22, 2012

22
Hon. Lucy H. Koh
23
24
25
26
27
28
LEGAL:05767-0003/2213645.1

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ADVALLOY'S STATUS REPORT REGARDING THE SCHLAGERS; [PROPOSED] ORDER