Opinion
2:19-cv-1602-JCM-EJY
04-11-2022
UNITED STATES OF AMERICA, For the Use of Benefit of SOURCE HELICOPTERS, DIVISION OF ROGERS HELICOPTERS, INC., a California corporation, v. SAYERS CONSTRUCTION, LLC, a Texas limited liability company PHILADELPHIA INDEMNITY INSURANCE COMPANY, a PENNSYLVANIA corporation; and DOES I-V and ROE CORPORATIONS I-V, Defendants.
KARL O. RILEY Nevada Bar No. 12077 COZEN O'CONNOR CASEY GRIFFITH Texas Bar No. 24036687 (Admitted Pro Hac Vice) MICHAEL BARBEE Texas Bar No. 24082656 (Admitted Pro Hac Vice) MAEGHAN WHITEHEAD Texas Bar No. 24075270 (Admitted Pro Hac Vice) GRIFFITH BARBEE PLLC Attorneys for Defendant and Counterclaim- Plaintiff Sayers Construction, LLC GRIFFITH BARBEE, PLLC Casey Griffith, Esq. (pro hac vice) Michael Barbee, Esq. (pro hac vice) Maeghan Whitehead, Esq. (pro hac vice) Dallas Flick, Esq. (pro hac vice pending) Karl O. Riley (NSBN 12077) Cozen O'Connor Attorneys for Defendant Sayers Construction, LLC THE FAUX LAW GROUP Kurt C. Faux, Esq. (NSBN 3407) Willi H. Siepmann, Esq. (NSBN 2478) Jordan F. Faux, Esq. (NSBN 12205) Attorneys for Philadelphia Indemnity Insurance Company CLARK HILL PLLC D. Creighton Sebra, Esq (pro hac vice) Bert Wuester Jr., Esq. (NSBN 5556) CLARK HILL PLLC Attorneys for Use-Plaintiff
KARL O. RILEY Nevada Bar No. 12077 COZEN O'CONNOR CASEY GRIFFITH Texas Bar No. 24036687 (Admitted Pro Hac Vice) MICHAEL BARBEE Texas Bar No. 24082656 (Admitted Pro Hac Vice) MAEGHAN WHITEHEAD Texas Bar No. 24075270 (Admitted Pro Hac Vice) GRIFFITH BARBEE PLLC Attorneys for Defendant and Counterclaim- Plaintiff Sayers Construction, LLC
GRIFFITH BARBEE, PLLC Casey Griffith, Esq. (pro hac vice) Michael Barbee, Esq. (pro hac vice) Maeghan Whitehead, Esq. (pro hac vice) Dallas Flick, Esq. (pro hac vice pending) Karl O. Riley (NSBN 12077) Cozen O'Connor Attorneys for Defendant Sayers Construction, LLC
THE FAUX LAW GROUP Kurt C. Faux, Esq. (NSBN 3407) Willi H. Siepmann, Esq. (NSBN 2478) Jordan F. Faux, Esq. (NSBN 12205) Attorneys for Philadelphia Indemnity Insurance Company
CLARK HILL PLLC D. Creighton Sebra, Esq (pro hac vice) Bert Wuester Jr., Esq. (NSBN 5556) CLARK HILL PLLC Attorneys for Use-Plaintiff
STIPULATION AND ORDER TO EXTEND DEADLINE FOR JOINT PRETRIAL ORDER (FIRST REQUEST)
Use-Plaintiff, Source Helicopters, Division of Rogers Helicopters, Inc. ("Plaintiff or "Rogers"), and Defendants, Sayers Construction, LLC ("Sayers") and Philadelphia Indemnity Insurance Company ("PIIC"), by and through their attorneys, hereby stipulate and request the Court extend the parties' deadline to file the Joint Pretrial Order. In support of this stipulation and request, the following is provided, pursuant to LRIA 6-1:
The deadline for filing the Joint Pretrial Order in this action is currently set for Wednesday, April 13, 2022. This deadline was triggered by the Court's March 14, 2022 Order on the parties' cross-motions for summary judgment [Dkt. #92]. On March 21, 2022, counsel for Sayers tried to call counsel for Plaintiff to discuss logistics regarding the Joint Pretrial Order and to propose a mediation in light of the Court's guidance provided by the March 14, 2022 Order and followed up via email. Counsel for Sayers and counsel for Plaintiff spoke about logistics regarding the Joint Pretrial Order on March 23, 2022, and counsel for Plaintiff represented a draft of the Joint Pretrial Order would be circulated on or by April 1, 2022. Unfortunately, a draft was not circulated until April 6, 2022, at 3:26 pm PT. Sayers and PIIC contend they have not had an opportunity to confer with Plaintiff on objections. Counsel for Sayers sent an email on Friday, April 8, 2022, at 1:53 pm PT and requested a continuance to complete the Joint Pretrial Order based on the state of the draft. Counsel for PIIC responded on Friday, April 8 at 2:17 pm PT and agreed an extension would be necessary and supported a stipulated extension. To date, Sayers or PIIC have not provided specific revisions Plaintiffs draft of the Joint Pretrial Order.
Counsel for Sayers has, and will continue to have, an unusually busy docket, including but not limited to the following deadlines and events:
• March 28, 2022 - Deadline for reply brief in Texas state court appeal
• April 4, 2022 - Deposition in Texas state court lawsuit
• April 6, 2022 - Deadline to file responsive briefing to dispositive motion practice in Texas state court lawsuit
• April 7, 2022 - In-person hearing on dispositive motion practice in Texas state court lawsuit
• April 19, 2022 - Deposition in Eastern District of Texas lawsuit
• April 20, 2022 - Deposition in Texas state court lawsuit
• April 20, 2022 - In-person hearing in Texas state court lawsuit
• April 22, 2022 - In-person hearings and depositions in Texas state court lawsuits
• May 2, 2022 - Deadline for expert disclosures in Eastern District of Texas lawsuit
• May 3, 2022 - Deposition in Texas state court lawsuitThese events have and will take away time from the adequate preparation of the Joint Pretrial Order. Additional time is necessary to complete parties' respective sections of the Joint Pretrial Order and to meaningfully confer on their respective objections to witness, exhibit, and deposition designations.
Counsel for Sayers and counsel for PIIC have conferred via teleconference and propose a mediation could be productive in light of the Court's March 14, 2022 Order on the parties' cross-motions for summary judgment [Dkt. #92].
In consideration of the above, the parties submit good cause is present for their request for an extension of the current deadline for the Joint Pretrial Order. The parties propose the current April 13, 2022 deadline for filing the Joint Pretrial Order shall be extended to Wednesday, May 11, 2022.
IT IS SO ORDERED: