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United States, For the Use of Yamas Environmental Systems, Inc., A California Corporation v. Tremco Incorporated

August 12, 2011

UNITED STATES, FOR THE USE OF YAMAS ENVIRONMENTAL SYSTEMS, INC., A CALIFORNIA CORPORATION,
PLAINTIFF;
v.
TREMCO INCORPORATED, AN OHIO CORPORATION; KAISER AIR CONDITIONING AND SHEET METAL, INC.; A CALIFORNIA CORPORATION;
AND DOES 1 THROUGH 10 INCLUSIVE;
DEFENDANTS. WEATHERPROOFING TECHNOLOGIES, INC., AN OHIO CORPORATION; PLAINTIFF IN INTERVENTION;
v.
YAMAS ENVIRONMENTAL SYSTEMS, INC., A CALIFORNIA CORPORATION, AND ROES 1 THROUGH 10, INCLUSIVE; DEFENDANTS IN INTERVENTION.



The opinion of the court was delivered by: Judge: John A. Mendez

STIPULATION AND [PROPOSED] ORDER EXTENDING PRETRIAL SCHEDULING AND TRIAL DATES ted with pdfFactory trial version www.pdffactory.com

TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD: Through this stipulation and proposed order, plaintiff YAMAS ENVIRONMENTAL SYSTEMS, INC. ("Plaintiff" or "YAMAS") defendants TREMCO INCORPORATED ("TREMCO"), KAISER AIR CONDITIONING AND SHEET METAL, INC. ("KAISER") and Plaintiffs in Intervention WEATHERPROOFING TECHNOLOGIES, INC. (WEATHERPROOFING") collectively referred to herein as the "Parties," stipulate, pursuant to Civil Local Rules 143 and 144, and request that the Court enter an Order to extend the pretrial and trial dates as follows, and for the reasons described below:

STIPULATION

WHEREAS, on December 6, 2010, the Court entered its Status (Pre-trial Scheduling) Order (Docket 13, docketed December 7, 2010), setting forth pretrial and trial dates for this action.

WHEREAS, pursuant to the Court's December 6, 2010 Order, the current pretrial and trial schedule is as follows:

1. The Parties shall make expert witness disclosures under Fed. R. Civ. P. 26(a)(2) by August 12, 2011, and supplemental disclosures and disclosures of any rebuttal witnesses under Fed. R. Civ. P. 26(a)(2)(C) by August 26, 2011;

2. All discovery shall be completed by October 14, 2011;

3. All dispositive motions shall be filed by November 9, 2011;

4. Hearing on such motions shall be on December 7, 2011 at 9:30 a.m. in Courtroom # 6;

5. The final pre-trial conference is set for February 3, 2012 at 2:00 p.m.; and

6. Jury trial in this matter is set for March 12, 2012 at 9:00 a.m.

WHEREAS, the Parties wish to explore mediation upon the close of discovery, but require a significant extension of time to complete the required discovery, for the reasons stated below, and cannot mediate or conduct a trial of this action until certain issues are resolved.

WHEREAS, YAMAS will also need to depose numerous parties, including, the general contractor.

WHEREAS, YAMAS in order to complete discovery, file its dispositive motion, and adequately prepare for trial under the current case schedule will need additional time and the Parties will not be in a position to make their respective ...


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