Universal Green Solutions, LLC v. VII Pac Shores Investors, LLC

Filing 108

ORDER Granting 68 , 75 Stipulation to Bifurcate Trial. Signed by Judge Ronald M. Whyte on 5/23/14. (rmwlc1, COURT STAFF) (Filed on 5/23/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

SAN JOSE DIVISION
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UNIVERSAL GREEN SOLUTIONS, LLC,
Plaintiff,

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Case No. C-12-05613-RMW

v.

ORDER GRANTING STIPULATION
TO BIFURCATE TRIAL

VII PAC SHORES INVESTORS, LLC,

[Re: Docket Nos. 68, 75]

Defendants.

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VII PAC SHORES INVESTORS, LLC,

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Cross-Complainant,
v.
CUSHMAN & WAKEFIELD OF
CALIFORNIA, INC.,
Cross-Defendants.

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The court accepts the stipulation of all three parties to bifurcate trial and sever Pac Shores’

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third party complaint against Cushman & Wakefield. Therefore, in accordance with UGS’s joinder

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to the stipulation to bifurcate trial, see Dkt. No. 75, the court enters the following stipulated order as

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proposed by the parties.
ORDER BIFURCATING TRIAL
Case No. C-12-05613-RMW
RDS

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GOOD CAUSE APPEARING THEREFORE, and the parties having stipulated thereto,

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IT IS HEREBY ORDERED as follows:

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1.

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UGS’ objection to the Stipulation to Sever Trial on Third-Party Complaint [ECF No.

68] is hereby withdrawn;
2.

The third-party action is hereby severed from the underlying action, and the trial is

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bifurcated into two phases, to occur in the following order: (1) trial of Universal’s Complaint

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against Pac Shores; and (2) a bench trial of Pac Shores’ Third-Party Complaint against Cushman &

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Wakefield.

United States District Court
For the Northern District of California

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3.

A Status Conference for the third-party action shall be held thirty days after the trial

of the underlying action.
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The deadlines for Pac Shores and Cushman & Wakefield to serve and file their

respective trial documents in the third-party action are hereby vacated.
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All pending expert and non-expert discovery in the third party action is hereby stayed

until after the Status Conference in the third-party action.
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The parties shall comply with this Stipulation with respect to producing Mr. Moyer

for trial testimony.

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Dated: May 23, 2014

_________________________________
RONALD M. WHYTE
United States District Judge

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ORDER BIFURCATING TRIAL
Case No. C-12-05613-RMW
RDS

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