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

Filing 8

ORDER Approving 7 Stipulation Continuing Case Management Conference. Signed by Judge Paul S. Grewal on August 2, 2011. (psglc2S, COURT STAFF) (Filed on 8/1/2011)

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J. THOMAS BOER (State Bar No. 199563); [e-mail]
RICHARD C. COFFIN (State Bar No. 70562); [e-mail]
LAURA S. BERNARD (State Bar No. 197556); [e-mail]
BARG COFFIN LEWIS & TRAPP, LLP
350 California Street, 22nd Floor
San Francisco, California 94104-1435
Telephone: [phone]
Fax: [phone]

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Attorneys for Plaintiff
SCHLUMBERGER TECHNOLOGY CORPORATION, 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

Case No. C 11-02587 PSG

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STIPULATION AND
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE;
DECLARATION OF J. THOMAS BOER

Plaintiff,
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v.
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EAST CHARLESTON, INC., a California
corporation; PACIFIC AMERICAN
MANAGEMENT COMPANY, a California
Limited Liability Corporation
Defendants.

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STIPULATION

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WHEREAS, plaintiff Schlumberger Technology Corporation, Inc. (“Plaintiff”) filed the
complaint in this matter on May 27, 2011;

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WHEREAS, defendants East Charleston, Inc., and Pacific American Management

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Company (collectively, “Defendants”) waived service of process of the complaint and, consistent

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with the Federal Rules of Civil Procedures and the applicable Local Rules, Defendants’ responses

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to the complaint are not due until August 15, 2011;

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WHEREAS, the Court issued its Order Setting Initial Case Management Conference and

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ADR Deadlines on May 27, 2011, which set the date of the initial case management conference

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for August 23, 2011;
STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE
U.S.D.C, Northern District Court, Case No. C 11-02587 PSG

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879253.1

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WHEREAS, Plaintiff and Defendants agree that it would be beneficial to postpone the

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case management conference and the parties’ obligations under Federal Rules of Civil Procedure

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Rule 26 until Defendants have served their responses to the complaint, so that counsel for the

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parties can have a more meaningful and productive Rule 26 conference.

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NOW THEREFORE, consistent with Civil Local Rules 6-2 and 7-12, Plaintiff and

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Defendants jointly stipulate to, and ask the Court to enter the attached proposed order setting the

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following case management deadlines:

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September 13, 2011

Last day to:
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File ADR Certification signed by Parties and Counsel

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Meet and confer re initial disclosures, early settlement,
ADR process selection, and discovery plan

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File either Stipulation to ADR Process or Notice of Need
for ADR Phone Conference

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September 27, 2011

Last day to:

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File Rule 26(f) Report

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Complete initial disclosures or state objection in Rule
26(f) Report

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File Case Management Statement per Standing Order re
Contents of Joint Case Management Statement

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File consent or declination to proceed before a
magistrate judge

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October 4, 2011
2:00 p.m.

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IT IS SO STIPULATED.

Case Management Conference

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DATED: July 29, 2011

BARG COFFIN LEWIS & TRAPP, LLP

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

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STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE
U.S.D.C, Northern District Court, Case No. C 11-02587 PSG

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879253.1

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DATED: July 29, 2011

GREBEN & ASSOCIATES

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

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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
DATED: August 1, 2011

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PAUL S. GREWAL
United States Magistrate Judge

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STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE
U.S.D.C, Northern District Court, Case No. C 11-02587 PSG

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879253.1

DECLARATION OF J. THOMAS BOER

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I, J. Thomas Boer, declare as follows:

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1.

I am a partner in the law firm of Barg Coffin Lewis & Trapp LLP, attorneys of

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record for plaintiff Schlumberger Technology Corporation, Inc. (“Plaintiff”) in this action. I have

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personal knowledge of each and all of the facts stated in this declaration, except where stated on

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information and belief. If called to testify as a witness, I could and would do so competently.
2.

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I have conferred with counsel for defendants East Charleston, Inc. (“ECI”), and

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Pacific American Management Company (“PAMCO”), and we have agreed that it would be

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beneficial to postpone the case management conference and the parties’ obligations under Federal

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Rules of Civil Procedure Rule 26 until Defendants have served their responses to the complaint,

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so that counsel for the parties can have a more meaningful and productive Rule 26 conference.
3.

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There have been no prior time modifications in this case by stipulation or by Court

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The requested time modification would have no significant impact on the schedule

order.

for the case.
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Upon information and belief, a colleague of mine at Barg Coffin Lewis & Trapp

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LLP, spoke with Judge Grewal’s scheduling clerk, who indicated that October 4, 2011 at 2:00

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PM was an available time for a rescheduled Case Management Conference.

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6.

I exchanged electronic-mail correspondence with Jan Greben, counsel for ECI and

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PAMCO, on July 29 and he authorized me to sign the stipulation on his behalf and file via ECF.

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I declare under penalty of perjury under the laws of the State of California that the

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foregoing is true and correct. This declaration was executed on July 29, 2011 at San Francisco,

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California.

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/s/ TOM BOER

.

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J. Thomas Boer

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STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE
U.S.D.C, Northern District Court, Case No. C 11-02587 PSG

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879253.1

PROOF OF SERVICE
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I am a resident of the State of California, over the age of eighteen years, and not a party to
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this action. My business address is 350 California Street, 22nd Floor, San Francisco, California

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94104.
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On July 29, 2011, I served the following listed document(s), by method indicated below
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on the parties in this action:
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STIPULATION AND [PROPOSED] ORDER CONTINUING CASE
MANAGEMENT CONFERENCE; DECLARATION OF J. THOMAS BOER

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by transmitting via facsimile the document(s) listed above to the fax number set forth
below on this date before 5:00 p.m.

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by causing personal delivery overnight delivery by Federal Express of the document(s)
listed above to the person at the address set forth below.

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by dispatching a messenger from my place of business with instructions to hand-carry the
above and make delivery to the following during normal business hours, by leaving a true
copy thereof with the person whose name is shown or the person who was apparently in
charge of that person’s office or residence.

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by placing the document(s) listed above in a sealed envelope with postage thereon fully
prepaid, in the United States mail at San Francisco, California addressed as set forth
below.
by transmitting via email the document(s) listed above to the email address(es) set forth
below on this date before 5 p.m.

Mr. Jan Greben, Esq.
Greben & Associates
1332 Anacapa Street, Suite 110
Santa Barbara, CA 93101

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I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed on July 29, 2011, at San Francisco, California.
/s/ JOAN FLAHERTY
JOAN FLAHERTY

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STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE
U.S.D.C, Northern District Court, Case No. C 11-02587 PSG

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879253.1