Filed: Jul. 10, 2015
Latest Update: Jul. 10, 2015
Summary: STIPULATION AND [PROPOSED] ORDER COMPELLING PRIVATE MEDIATION AND STAY AND CONTINUATION OF DISCOVERY PENDING MEDIATION (Eighth Request) NANCY J. KOPPE , Magistrate Judge . Defendant/Third-Party Plaintiff Jaynes Corporation, Inc. ("Jaynes") and Defendant Western Surety Company ("Western"); Plaintiff United States for the Use and Benefit of Agate Steel, Inc. ("Agate"); and Third-Party Defendants American Steel Corporation ("American Steel") and the Ohio Casualty Insurance Company ("Ohio
Summary: STIPULATION AND [PROPOSED] ORDER COMPELLING PRIVATE MEDIATION AND STAY AND CONTINUATION OF DISCOVERY PENDING MEDIATION (Eighth Request) NANCY J. KOPPE , Magistrate Judge . Defendant/Third-Party Plaintiff Jaynes Corporation, Inc. ("Jaynes") and Defendant Western Surety Company ("Western"); Plaintiff United States for the Use and Benefit of Agate Steel, Inc. ("Agate"); and Third-Party Defendants American Steel Corporation ("American Steel") and the Ohio Casualty Insurance Company ("Ohio"..
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STIPULATION AND [PROPOSED] ORDER COMPELLING PRIVATE MEDIATION AND STAY AND CONTINUATION OF DISCOVERY PENDING MEDIATION (Eighth Request)
NANCY J. KOPPE, Magistrate Judge.
Defendant/Third-Party Plaintiff Jaynes Corporation, Inc. ("Jaynes") and Defendant Western Surety Company ("Western"); Plaintiff United States for the Use and Benefit of Agate Steel, Inc. ("Agate"); and Third-Party Defendants American Steel Corporation ("American Steel") and the Ohio Casualty Insurance Company ("Ohio"), by and through their respective counsel (collectively the "Parties"), hereby file this Stipulation and [Proposed] Order Compelling Private Mediation and Stay and Continuation of Discovery Pending Mediation. This request complies with Local Rule ("LR") 6-1, 6-3, 7-1, and 26-4, and is based on good cause because the litigation of this matter will be best served by the proposed extension.
I. GOOD CAUSE FOR MEDIATION AND CONTINUATION OF DISCOVERY
The Parties have been actively conducting discovery in this matter, and as a result believe a private mediation would be beneficial to and potentially dispositive of the claims, cross-claims, and counterclaims asserted in this litigation. As this Court is aware, the Parties were previously not in agreement regarding participation in a private mediation. However, after additional discussions, the Parties are now all in agreement that mediation will be valuable and beneficial in attempting to resolve this matter.
The Parties have scheduled a mediation on August 14, 2015 in Phoenix, Arizona, with a mediator that all Parties agreed upon. August 14 is the earliest available setting with that mediator.
In an effort to conserve fees and focus upon preparation for mediation, the Parties additionally request that discovery be continued until September 14, 2015, which is thirty (30) days after the mediation. The Parties acknowledge that in this Court's recent order denying the joint motion to compel mediation, the Court ordered that no additional discovery continuance will be granted. [Doc. No. 94.] The Parties recognize and appreciate the importance of actively moving this matter forward. However, in the event this matter is not resolved, the Parties require at least thirty days to organize schedules, specifically the witnesses and experts' schedules, and prepare for the remaining depositions that are necessary. Likewise, the Parties request the dispositive motion deadline be continued until October 14, 2015, which is thirty days after the requested close of discovery pursuant to LR 26-1(e). In the event mediation is unsuccessful, the Parties will ensure that discovery is completed and dispositive motions are filed within the requested continued deadlines.
As to the request to continue discovery, this request complies with Local Rule ("LR") 6-1 and 26-4, and is based on good cause because the litigation of this matter will be best served by the proposed extension. This request is made less than twenty-one days before the discovery deadline, July 21, 2015. However excusable neglect exists here because, as the Court knows, the Parties have been attempting for some time to reach an agreement regarding mediation. Even after this Court's recent order denying the joint motion to compel mediation [Doc. No. 94], the Parties continued to discuss mediation and efforts to resolve this matter. As a result of a number of factors, the Parties only came to an agreement regarding mediation today, the same day this stipulation is filed. In hopes of reaching an agreement, the Parties had already obtained possible mediation dates, so that, if an agreement was reached, this stipulation could be filed right away, providing the Court with a scheduled mediation date.
Federal Rule of Civil Procedure 1 states that these rules "should be construed and administered to secure the just, speedy, and inexpensive determination of every action and proceeding." The Parties are now all in agreement as to participation in mediation. Moreover, mediation and a short continuance of discovery will assist in the just, speedy, and inexpensive determination of this matter. Accordingly, the Parties request this stipulation and proposed order be granted.
II. DISCOVERY COMPLETED TO DATE
To date, the Parties have completed the following discovery:
• The Parties attended the initial FRCP 26(f) conference on January 23, 2014.
• Jaynes and Western made their initial FRCP 26(a)(1) disclosure on February 22, 2014 along with supplemental disclosures on September 19, 2014, November 7, 2014, December 19, 2014, December 22, 2014, February 6, 2015 and July 8, 2015.
• Agate made its initial FRCP 26(a)(1) disclosure on February 24, 2014, along with supplemental disclosures on November 4, 2014 and November 5, 2014.
• American Steel and Ohio issued their initial FRCP 26(a)(1) disclosure on February 24, 2014, along with supplemental disclosures on June 4, 2014, July 21, 2014, September 12, 2014, December 26, 2014, February 5, 2015, February 26, 2015, April 21, 2015 and June 4, 2015.
• Agate served written discovery on Jaynes and American Steel on or about June 13, 2014 and June 17, 2014.
• American Steel served responses to Agate's written discovery on or about July 16, 2014.
• American Steel and Ohio served written discovery on Jaynes on or about July 18, 2014.
• Jaynes served responses to Agate's written discovery on or about July 21, 2014.
• Jaynes served responses to American Steel's written discovery on or about August 20, 2014 and supplemental responses on September 19, 2014.
• Jaynes served written discovery on Agate and American Steel on September 16, 2014.
• American Steel served written discovery on Jaynes on October 24, 2014.
• American Steel served responses to Jaynes' written discovery on November 4, 2014.
• Jaynes served responses to American Steel's written discovery on November 26, 2014.
• Jaynes served its expert disclosure on September 15, 2014, and its rebuttal exporter disclosure on December 22, 2014.
• American Steel served its expert disclosure on September 8, 2014.
• Jaynes has taken depositions of Agate's relevant fact witnesses on April 28, 2015 and April 29, 2015.
• Jaynes has noticed the depositions of American Steel's relevant fact witnesses for July 21, 2015, July 22, 2015 and July 23, 2015.
• The Parties are currently coordinating schedules with counsel and all necessary witnesses, who are in various states, to set all remaining depositions.
III. DISCOVERY TO BE COMPLETED
The Parties anticipate that the following discovery still needs to be completed:
• Depositions of American Steel and Jaynes' respective corporate representatives.
• Depositions of additional witnesses to be designated.
• Expert depositions.
• Any additional discovery that may be necessary.
IV. PROPOSED NEW DEADLINES
A. Mediation Date: August 14, 2015
B. Deadline to Conclude All Discovery:
Currently: July 21, 2015
Proposed: September 14, 2015
B. Deadline for Parties to File Dispositive Motions:
Currently: August 20, 2015
Proposed: October 14, 2015
C. Deadline to File Pretrial Order:
Currently: September 21, 2015
Proposed: November 16, 2015
V. CONCLUSION
For the foregoing reasons, the Parties respectfully request that the Court grant their request to stay and continue discovery pending mediation and continue discovery.
ORDER
IT IS SO ORDERED.
