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Transbay Auto Service, Inc., A v. Chevron Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


May 2, 2011

TRANSBAY AUTO SERVICE, INC., A CALIFORNIA CORPORATION, PLAINTIFF,
v.
CHEVRON CORPORATION, A DELAWARE CORPORATION; CHEVRON U.S.A. INC., A
DELAWARE CORPORATION, AND DOES 1 THROUGH 450 GOLDEN GATE AVENUE 10, INCLUSIVE, ) SAN FRANCISCO, CALIFORNIA
DEFENDANTS. PLAINTIFF, TRANSBAY AUTO SERVICE, INC. ("TRANSBAY"), AND DEFENDANT,

The opinion of the court was delivered by: Judge: Hon. Susan Illston

Thomas P. Bleau, Esq., SBN 152945 Megan A. Childress, Esq., SBN 266926 BLEAU FOX, A P.L.C. 3575 Cahuenga Boulevard West, Suite 580 Los Angeles, California 90068 Telephone: (323) 874-8613 Facsimile: (323) 874-1234 Email: bleaushark@aol.com mchildress@bleaufox.com Attorneys for Plaintiff, Transbay Auto Service, Inc. GLYNN & FINLEY, LLP 9 ROBERT C. PHELPS, Bar No. 106666 One Walnut Creek Center 100 Pringle Avenue, Suite 500 Walnut Creek, CA 94596 Telephone: (925) 210-2800 Facsimile: (925) 945-1975 Email: bphelps@glynnfinley.com Attorneys for Defendant Chevron U.S.A. Inc.

STIPULATION TO CONTINUE THE TRIAL DATE; [PROPOSED] ORDER. Trial Date: May 23, 2011 Time: 8:30 a.m.

Location: Courtroom 10, 19th Floor

CHEVRONU.S.A. INC. ("Chevron"), hereby stipulate and agree as follows:

WHEREAS, on December 13, 2010, this Court continued the trial date in the above-captioned action from January 10, 2011, to May 23, 2011.

WHEREAS, the parties have already filed their pre-trial documents, including their Joint

Pretrial Conference Statement and respective Motions in Limine.

WHEREAS, on Monday April 26, 2011, Transbay learned that one of its experts, Mr.

Andrew Junius, has a scheduling conflict with the date currently set for trial, as he is getting 4 married on May 21, 2011, and will be out of the country for his honeymoon until June 6, 2011. 5

WHEREAS, Chevron's expert, Mr. LeFevers of Deloitte, is available for trial the week of June 20, 2011.

WHEREAS, Chevron does not oppose Transbay's request for continuance, given the nature of Mr. Junius' scheduling conflict. However, Chevron wishes to make clear to the Court 9 that its non-opposition to this application is without prejudice to Chevron's substantive contention 10 in its Motion in Limine No. 4 (Dkt. No. 68) that Mr. Junius should not be allowed to testify in any 11 event. Chevron assumes that the Court will rule on Chevron's objection to Mr. Junius' testimony 12 at the time the Court deems appropriate.

THEREFORE, the parties hereto, by and through their attorneys of record, hereby stipulate as follows:

1. The trial may be continued to June 20, 2011.

parties request a telephonic conference with the Court to discuss an alternative trial date.

Dated: April 21, 2011 Respectfully submitted

BLEAU FOX, A P.L.C.

2. In the event that June 20, 2011 is not available for trial on the Court's calendar, the

The Court having duly considered the Stipulation to Continue the Trial Date, the relevant pleadings and papers on file, and all other matters that may have been presented to this Court, and 4 for good cause shown, 5

IT IS HEREBY ORDERED that the Trial Date is continued to , 2011.

June 20

IT IS SO ORDERED.

Dated: , 2011

The Honorable Susan Illston United States District Court Judge

20110502

© 1992-2011 VersusLaw Inc.



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