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

Filing 98

ORDER by Judge Lucy H. Koh granting 94 Stipulation (lhklc2, COURT STAFF) (Filed on 7/9/2012)

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Case5:11-cv-02587-LHK Document94 Filed07/02/12 Page1 of 3 1 David F. Wood (State Bar No. 68063) Emil A. Macasinag (State Bar No. 256953) 2 Jon-Erik W. Magnus (State Bar No. 278242) Wood, Smith, Henning & Berman LLP 3 10960 Wilshire Boulevard, 18th Floor Los Angeles, California 90024-3804 4 Phone: 310-481-7600 ♦ Fax: 310-481-7650 5 Attorneys for Third Party Defendant, Counter-Claimant and Cross-Claimant ADVALLOY, INC. by and through Intervenor 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 310-481-7600 ♦ FAX 310-481-7650 WOOD, SMITH, HENNING & BERMAN LLP 10 11 SCHLUMBERGER TECHNOLOGY CORPORATION, INC., a Texas 12 Corporation, 13 14 Case No. 5:11-CV-02587-LHK STIPULATION ALLOWING ADVALLOY, INC. TO FILE SECOND AMENDED CROSSCLAIM Plaintiff, Complaint Filed: 5/27/2011 First Amended Third Party Complaint Filed: 5/16/12 v. 15 EAST CHARLESTON, INC., a California Corporation; PACIFIC AMERICAN 16 MANAGEMENT COMPANY, a California Limited Liability Corporation, 17 Defendant. 18 [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 IT IS HEREBY STIPULATED AND AGREED by and between all parties through 22 their respective counsel of record as follows: 23 1. Pursuant to the parties' Stipulation Allowing Advalloy, Inc. to Amend its 24 Cross Claims (Dkt. 84, filed May 30, 2012) and Order (Dkt. 90, filed Jun. 11, 2012), 25 ADVALLOY, INC. ("ADVALLOY") by and through Intervenor GREAT AMERICAN 26 INSURANCE COMPANY OF NEW YORK filed its First Amended Cross Claims against 27 SCHLUMBERGER TECHNOLOGY CORPORATION, INC. ("STC") and NATIONAL 28 SEMICONDUCTOR (MAINE) (“NSM”) (Dkt. 91, filed Jun. 13, 2012). LEGAL:05767-0003/2319446.1 -1- STIPULATION ALLOWING ADVALLOY, INC. TO FILE SECOND AMENDED CROSSCLAIM Case5:11-cv-02587-LHK Document94 Filed07/02/12 Page2 of 3 1 2. An allegation regarding STC's liability, which was in ADVALLOY'S initial 2 cross claims, was inadvertently omitted from its First Amended Cross Claims. 3 3. The parties stipulate to allow ADVALLOY to file its proposed Second 4 Amended Cross Claims with the STC allegation, attached hereto as Exhibit "A." 5 4. Neither STC nor NSM has responded to ADVALLOY’s First Amended 6 Cross Claims, and the time to file such responses has not yet passed. The parties 7 further stipulate that, in light of ADVALLOY’s proposed Second Amended Cross Claims, 8 STC and NSM need not respond to ADVALLOY’s First Amended Cross Claims. 9 Following the filing of ADVALLOY’s Second Amended Cross Claims, STC and NSM shall 10 have twenty (20) days to file responses and any compulsory counterclaims or cross Attorneys at Law 10960 WILSHIRE BOULEVARD, 18TH FLOOR LOS ANGELES, CALIFORNIA 90024-3804 TELEPHONE 310-481-7600 ♦ FAX 310-481-7650 WOOD, SMITH, HENNING & BERMAN LLP 11 claims. 12 DATED: June 29, 2012 WOOD, SMITH, HENNING & BERMAN LLP 13 18 /s/ Emil A. Macasinag DAVID F. WOOD EMIL A. MACASINAG JON-ERIK W. MAGNUS Attorneys for Third Party Defendant, CounterClaimant and Cross-Claimant ADVALLOY, INC. by and through Intervenor GREAT AMERICAN INSURANCE COMPANY OF NEW YORK 19 DATED: June 29, 2012 BARG COFFIN LEWIS & TRAPP, LLP By: 14 15 16 17 20 /s/ Laura S. Bernard LAURA S. BERNARD Attorneys for Plaintiff SCHLUMBERGER TECHNOLOGY CORPORATION, INC. and Third Party Defendant NATIONAL SEMICONDUCTOR (MAINE), INC. By: 21 22 23 24 25 26 27 28 LEGAL:05767-0003/2319446.1 -2- STIPULATION ALLOWING ADVALLOY, INC. TO FILE SECOND AMENDED CROSSCLAIM Case5:11-cv-02587-LHK Document94 Filed07/02/12 Page3 of 3 1 DATED: June 29, 2012 GREBEN & ASSOCIATES 2 /s/ Jan A. Greben JAN A. GREBEN Attorneys for Defendants and Third Party Plaintiffs EAST CHARLESTON, INC. and PACIFIC AMERICAN MANAGEMENT COMPANY By: 3 4 5 6 7 PURSUANT TO THE PARTIES' STIPULATION, IT IS SO ORDERED. DATED: July 9, 2012 8 9 HONORABLE LUCY H. KOH 10 Attorneys at Law 10960 WILSHIRE BOULEVARD, 18TH FLOOR LOS ANGELES, CALIFORNIA 90024-3804 TELEPHONE 310-481-7600 ♦ FAX 310-481-7650 WOOD, SMITH, HENNING & BERMAN LLP 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LEGAL:05767-0003/2319446.1 -3- STIPULATION ALLOWING ADVALLOY, INC. TO FILE SECOND AMENDED CROSSCLAIM

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