Diaz et al v. DAWS Manufacturing Company, Inc et al
Filing
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ORDER granting 84 Stipulation Regarding Testing of Cleats. Signed by Judge Edward J. Davila on 5/19/2016. (ejdlc1S, COURT STAFF) (Filed on 5/19/2016)
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Attorneys for Plaintiffs
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255 NORTH MARKET STREET, SUITE 190
SAN JOSE, CA 95110
Phone: (408)292-2434
Fax : (408)292-1264
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THE JAMES SQUARE BUILDING
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NICOLE N. HANCOCK (State Bar No.221457)
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MICHAEL M. SHEA (State Bar No. 38396)
MICHAEL M. SHEA, JR. (State Bar No. 126983)
MARK B. O'CONNOR (State Bar No.126960)
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RDERE
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IT IS S
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UNIT
ED
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SHEA & SHEA
A PROFESSIONAL LAW CORPORATION
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S DISTRICT
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D IS T IC T O
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5/19/2016
5/19/2016
SUPERIOR COURT OF CALIFORNIA,
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C
NORTHERN DISTRICT OF CALIFORNIA
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JESUS CORTES DIAZ, MARGARITA DIAZ
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Case No. C 12-05325 EJD
and JESUS CORTES DIAZ as guardian ad
litem for ITZEL CORTES DIAZ, individually,
and as Successors in Interest of JOSE CORTES
DIAZ, deceased
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STIPULATION REGARDING TESTING
OF CLEATS
Plaintiffs,
vs.
DAWS MANUFACTURING COMPANY,
INC., LOWE'S COMPANIES, INC., BETTER
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BUILT COMPANY, SNAP-ON
INCORPORATED, KOBALT TOOLS,
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inclusive,
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LOWE'S HIW, INC., and DOES 1 through 100,
Defendants.
The parties have met and conferred and have agreed to stipulate as follows:
1. Plaintiffs filed an action captioned Jesus Diaz, et al. v. Paws Manufacturing
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Company. Inc. et al., Case No. C 12-05325-EJD, in the United States District Court in the Northern
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District of California alleging that Defendants manufactured or distributed defective toolboxes or
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plastic retention cleats.
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2. All parties affiliated in any manner with the above-referenced matter now desire to
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enter into a stipulation and agreement pertaining to materials testing that will be conducted on the
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subject plastic retention cleats and the subject toolbox.
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DIAZ V. DAWS MANUFACTURING COMPANY, ET AL.
STIPULATION RE: TESTING OF CLEATS
CASE NO. C 12-05325 EJD
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3. Now, therefore, the parties, through their undersigned counsel and attorneys of
record, stipulate and agree as follows:
4. It is hereby stipulated and agreed, by the parties hereto, that (A) the plastic retention
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cleats located on the passenger right side of Plaintiff, Mr. Jesus Diaz's vehicle; (B) the toolbox
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originally located on the right side and in the back of Mr. Diaz's vehicle that is currently in the back
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of Mr. James Lee's vehicle; and (C) the plastic retention cleats originally attached to the toolbox on
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the right side and that are located on or in the back of Mr. Diaz's vehicle be removed from
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evidentiary storage at Bracco's Towing, where the plastic retention cleats and toolbox previously
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described are presently located.
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5. Furthermore, after the plastic retention cleats and toolbox described in the preceding
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paragraph are removed from Mr. Diaz and Mr. Lee's vehicles located at Bracco's Towing, the
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plastic retention cleats and toolbox will be given to a designated representative that all parties
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consummating this stipulation will agree upon at a future date for further testing. The further testing
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will include materials testing to be conducted jointly by all of the parties consummating this
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stipulation and agreement in addition to each party's selected experts and consultants. The materials
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testing will be, in part, destructive in nature. The date and time for the removal of the items herein
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described will be determined by mutual agreement by the parties to this agreement as further
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determined by the availability of any personnel from the CHP's office and/or Bracco's Towing.
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6. Finally, it is hereby stipulated and agreed, by the parties hereto, that until a future
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stipulation and agreement, the plastic retention cleats pertaining to the toolbox located on the lefit
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(driver's) side of Mr. Diaz' vehicle and the tool box that remains located on and in the Diaz vehicle's
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passenger compartment will remain in evidentiary storage.
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7. Counsel for defendants Daws Manufacturing, Inc. and Lowe's Home Centers, LLC,
has advised that they have no objection to Plaintiffs' request.
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8. During the removal of the tool box from the back of Mr. Lee's vehicle, as specified
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in paragraph 4(b), the actual removal shall be recorded by video with a copy of the video provided
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to Mr. Baker in addition to any other counsel who should make a request for a copy. Further, the
DIAZ V. DAWS MANUFACTURING COMPANY, ET AL. CASE NO. C 12-05325 EJD
STIPULATION RE: TESTING OF CLEATS
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person who conducts the removal of the tool box shall provide a declaration under penalty of
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perjury as to the removal stating he or she did nothing to the truck other than remove the tool box,
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and that he or she observed no objects or discoloration in the portion of the truck in which he or she
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moved in the course of removing the tool box or where the tool box was situated. However, if the
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person does observe an object, objects and/or discoloration in the portion of the tmck in which he or
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she moved in the course of removing the tool box or where the tool box was situated, he or she shall
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describe in the above-noted declaration what he or she saw and cause it to be videotaped. The
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description referred to in the preceding sentence shall as best as possible report quantity, size and
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color.
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SHEA & SHEA
Dated: May 17, 2016
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/s/
NICOLEN.HANCOCK
By:
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Attorneys for Plaintiffs Diaz
MARANGA MORGENSTERN
Dated: May 19, 2016
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/s/
By:
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PHILLIP T.S. TUKIA
Attorneys for Defendant r
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DIVERSIFIED FASTENERS
WIGGINS MARKS ROSENBLATT LLP
Dated: May 13, 2016
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/s/
TROYD.WIGGINS
By:
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Attorneys for Defendant
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DAWS MANUFACTURING COMPANY,
INC.; LOWE'S HOME CENTERS, LLC
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LAW OFFICES OF RANDY BAKER
Dated: May 12, 2016
/s/
RANDY BAKER
By:
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Attorney for Defendant
JAMES FRANCIS LEE
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OFFICE OF THE DISTMCT ATTORNEY
Dated: May 17, 2016
/s/
ANGELA BERNHARD
By:
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Deputy District Attorney
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DIAZ V. DAWS MANUFACTURING COMPANY, ET AL.
STIPULATION RE: TESTING OF CLEATS
CASE NO. C 12-05325 EJD
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