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University Park, LLC v. Toll Brothers

February 3, 2010

UNIVERSITY PARK, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY PLAINTIFF,
v.
TOLL BROTHERS, INC., A PENNSYLVANIA CORPORATION, DEFENDANT.
TOLL BROS. INC., A PENNSYLVANIA CORPORATION CROSS-COMPLAINANT,
v.
UNIVERSITY PARK, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ET. AL., CROSS-DEFENDANTS.
UNIVERSITY PARK, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ET. AL, CROSS-CLAIMANTS,
v.
SOILS SOUTHWEST, INC., A CALIFORNIA CORPORATION, ET. AL., CROSS-DEFENDANTS.
TRANSTECH ENGINEERS, INC., A CALIFORNIA CORPORATION, CROSS-COMPLAINANT,
v.
UNIVERSITY PARK, LLC, A CALIFORNIA LLC, ET. AL., CROSS-DEFENDANTS.
SOILS SOUTHWEST, INC., A CALIFORNIA CORPORATION, ET. AL., CROSS-COMPLAINANTS,
v.
UNIVERSITY PARK, LLC, A CALIFORNIA LLC, ET. AL., CROSS-DEFENDANTS.
MESA CONTRACTING CORP., A CALIFORNIA CORPORATION, CROSS-CLAIMANT,
v.
TRANSTECH ENGINEERS, INC., A CALIFORNIA CORPORATION, ET. AL., CROSS-DEFENDANTS.
MCKENNA GENERAL ENGINEERING, INC., CROSS-CLAIMANT,
v.
SOILS SOUTHWEST, INC., A CALIFORNIA CORPORATION, ET. AL., CROSS-DEFENDANTS.



The opinion of the court was delivered by: William Stafford Senior United States District Judge

ORDER REMANDING CASE TO STATE COURT

GOOD CAUSE APPEARING THEREFORE, IT IS ORDERED:

A. This case shall be remanded to State court (San Bernardino County Superior Court) pursuant to 28 USC § 1367 (c) and/or USC § 1447(e) forthwith.

B. The current stipulation between the parties regarding depositions shall remain intact after remand (depositions of witnesses will be initially limited to two consecutive days; if any party feels additional time is necessary, a request will be made of the defending party; if that is declined, the requesting party is free to seek a court order for additional time).

C. The parties will request that the State court set the trial date for July 19, 2010, or as soon thereafter as is convenient for the court.

D. Discovery will continue pending remand and final transfer of the case file to State court. Discovery will proceed in accordance with State court rules. All discovery that has occurred to date, or that is currently pending pursuant to the Federal Rules of Civil Procedure, shall remain valid and shall not require any amendment to conform to State procedural rules following entry of the remand order. The parties agree that Judge Kennedy of JAMS shall act as an interim discovery referee to resolve any discovery disputes prior to the time that this case is assigned to a State court judge; if Judge Kennedy is not available, the parties will select an alternate referee. All referee fees will be borne by the losing party.

E. Expert designation will be in accordance with Code of Civil Procedure 2034, however, the parties will deliver an electronic copy of all expert files (and any reports) on CD or DVD to all counsel. The delivery shall occur ten (10) days prior to the expert's deposition.

F. The parties shall mediate the case before Judge Sundvold of JAMS during the week of March 15, 2010 or, if Judge Sundvold is not then available, as soon thereafter as is convenient for the mediator. Insurance adjustors shall be required to attend the mediation. Expert attendance is encouraged, but not required.

G. Service of any document may be made by e-mail, which shall constitute personal service on the date of transmittal if made under the following conditions:

i. Transmission must be made by 5:00 p.m. Pacific time.

ii. Documents will be as attachments and in PDF format.

iii. PDF files will be limited to 20mb in size.

iv. Exhibits will be designated as separate documents.

v. A party serving by e-mail shall not be required to serve paper ...


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