Horner v Paneltech International
Filing
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STIPULATION and ORDER 88 signed by Judge Kimberly J. Mueller on 11/29/11; On October 25, 2011, the Court executed and issued its order on the parties Request and Stipulation that stayed any further expert discovery until the later of November 9, 20 11 or such time as the court rules on Defendant Paneltech's Motion to Contest good Faith of CORP settlement. As of this date, the Curt has not issued its ruling on the above-referred to motion. Consequently, no further expert discovery has been conducted pursuant to the Court's order. Given the proximity of the Christmas and New Year seasons, the parties expect that it will be impossible to complete their itended expert discovery before the arrival of January 2012 because of anticipa ted experts' and counsel holiday and vacation schedules. Without the completion of expert discovery, the parties submit that they cannot meaningfully participate in the pre-trial conference presently set for December 7, 2011, or be properly pre pared for the trial presently set for January 24, 2012. In an effort to alleviate the problems arising from these circumstances, the parties submit the following request and stipulation. REQUEST AND STIPULATION That the pre-trial conference and trial dates be continued from their presently-ordered dates to dates in the future to be determined by a conference between the Court and all counsel.(Matson, R)
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THE COSTA LAW FIRM
DANIEL P. COSTA, State Bar No. 110919
DAVID D. MacMILLAN, State Bar No. 113185
2489 Sunrise Blvd., Ste. A
Gold River, California 95670
Telephone: (916) 400-2734
Telecopier: (916) 400-2744
Attorneys for Defendant
PANELTECH INTERNATIONAL, LLC
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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EDDIE HORNER,
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Plaintiff,
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vs.
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PANELTECH INTERNATIONAL, LLC;
and DOES 1 through 50, inclusive,
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Defendants.
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USDC Case No.: 2:09-cv-01564 KJM-CMK
REQUEST AND STIPULATION TO
CONTINUE PRE-TRIAL CONFERENCE
AND TRIAL DATES; ORDER
Pre-Trial Conference: December 7, 2011
Trial Date:
January 24, 2012
Trial Time:
9:00 a.m.
Dept:
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Judge:
Hon. Kimberly J. Mueller
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The Parties hereto request and stipulate that this Court continue the pre-trial conference and
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trial dates from their presently-ordered dates to dates in the future to be determined by a conference
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between the Court and all counsel.
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The parties submit that there is good cause for this request because of the following
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circumstances:
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1.
On October 25, 2011, the Court executed and issued its order on the parties Request
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and Stipulation that stayed any further expert discovery until the later of November 9, 2011 or such
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time as the court rules on Defendant Paneltech’s Motion to Contest good Faith of CORP settlement.
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2.
As of this date, the Curt has not issued its ruling on the above-referred to motion.
REQUEST AND STIPULATION TO CONTINUE PRE-TRIAL CONFERENCE AND TRIAL DATES; ORDER
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Consequently, no further expert discovery has been conducted pursuant to the Court’s order.
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Given the proximity of the Christmas and New Year seasons, the parties expect that
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it will be impossible to complete their itended expert discovery before the arrival of January 2012
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because of anticipated experts’ and counsel holiday and vacation schedules.
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4.
Without the completion of expert discovery, the parties submit that they cannot
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meaningfully participate in the pre-trial conference presently set for December 7, 2011, or be properly
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prepared for the trial presently set for January 24, 2012.
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In an effort to alleviate the problems arising from these circumstances, the parties
submit the following request and stipulation.
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REQUEST AND STIPULATION
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That the pre-trial conference and trial dates be continued from their presently-ordered dates
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to dates in the future to be determined by a conference between the Court and all counsel.
IT IS SO STIPULATED:
Dated: November 23, 2011
THE COSTA LAW FIRM
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By:
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/s/ David D. MacMillan
DAVE MACMILLAN
DANIEL P. COSTA
Attorneys for Defendant
Paneltech International, LLC
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Dated: November 23, 2011
REINER, SIMPSON & SLAUGHTER, LLP
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By: /s/ Todd E. Slaughter
TODD E. SLAUGHTER
Attorney for Plaintiff
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Dated: November 24, 2011
LOMBARDI, LOPER & CONANT
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By:
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/s/ Clyde Hutchinson
B. CLYDE HUTCHINSON
VINCENT CASTILLO
Attorneys for Defendant
Central Oregon & Pacific Railroad
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REQUEST AND STIPULATION TO CONTINUE PRE-TRIAL CONFERENCE AND TRIAL DATES; ORDER
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IT IS SO ORDERED.
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Dated: November 29, 2011.
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UNITED STATES DISTRICT JUDGE
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REQUEST AND STIPULATION TO CONTINUE PRE-TRIAL CONFERENCE AND TRIAL DATES; ORDER
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