Opinion
MICHAEL S. MIDDLETON, TRAINOR FAIRBROOK, Sacramento, California Attorneys for Defendants, THERMACOR PROCESS, LP, THERMACOR PROCESS, INC. and THERMACOR, L.C.
SEAN P. THOMPSON, JOHN W. KLOTSCHE, HANSON BRIDGETT LLP, Sacramento, California, Attorneys for Plaintiff, FRANK M. BOOTH, INC.
MATTHEW J. WEBER, DOWNEY BRAND LLP, Stockton, California, Attorneys for Defendants, RICHARD B. BENDER II and JOE KEYES.
JOINT STATUS REPORT AND STIPULATION AND ORDER RE-SETTING DISCOVERY COMPLETION AND DISCLOSURE OF EXPERT WITNESS DATES Yolo County Superior Court Case No. CV13-1298.
MORRISON C. ENGLAND, Jr., Chief District Judge.
Plaintiff Frank M. Booth, Inc. ("Plaintiff') and Defendants Thermacor Process, L.P., Thermacor Process, Inc., Thermacor, L.C., Richard B. Bender II, and Joe Keyes ("Defendants"), submit the following Joint Status Report, following the private mediation in this matter held on April 17, 2015:
The parties participated in private mediation with mediator Bruce Edwards, on April 17, 2015. The mediation involved the issues raised in Plaintiff's Complaint, as well claims arising out of the related State Court matter, The Regents of the University of California v. McGuire and Hester, et al., Yolo County Superior Court, Case No. CV13-383.
Though the mediation session on April 17, 2015 was not successful, the parties are continuing settlement discussions and have scheduled a Defense Mediation for May 11, 2015. It is the intent of the parties to schedule a further mediation with UC Davis, if warranted, after the May 11, 2015 meeting. We would anticipate that if a further mediation session is scheduled, it will take place in June 2015.
STIPULATION
Given the current status of this matter, Plaintiff Frank M. Booth, Inc. ("Plaintiff') and Defendants Thermacor Process, L.P., Thermacor Process, Inc., Thermacor, L.C., Richard B. Bender II, and Joe Keyes ("Defendants"), through their respective undersigned counsel, hereby stipulate as follows:
1. The parties have agreed to continue with the mediation process on May 11, 2015 with a Defense Mediation on that date.
2. The parties continue to agree that at this time, the best opportunity to resolve this matter will be to address this and the State Court claims simultaneously in the hopes of reaching a global settlement.
3. The parties agree that good cause exists to vacate and re-set the Discovery Completion date of July 7, 2015, as previously ordered by the Court in its Amended Pre-Trial Scheduling Order filed April 10, 2015, to September 30, 2015.
4. The parties agree that good cause exists to vacate and re-set the date of July 7, 2015 for the Disclosure of Expert Witnesses, as Ordered by the Court in Section V of its Amended Pre-Trial Scheduling Order filed September 4, 2014, to September 30, 2015.
5. As the Trial in this matter is currently scheduled for March 7, 2016, no parties will be prejudiced by vacating and re-setting the current dates set for the completion of Discovery and Disclosure of Expert Witnesses.
6. The parties agree that this Stipulation may be signed in counterparts and submitted to the Court in that manner. The parties also agree that facsimile copies of signatures may be submitted to the Court.
7. The parties agree that the subject matter of this Joint Status Report and Stipulation and Order Re-Setting Discovery Completion and Expert Witness Disclosure Dates, may be heard on an ex parte basis.
ORDER
Pursuant to the foregoing stipulation, and for good cause appearing therefor, it is ordered that the Discovery Completion and Disclosure of Expert Witness date of July 7, 2015 is continued to September 30, 2015.
IT IS SO ORDERED.