Mountain Club Owner's Association v. Graybar Electric Company, Inc., 2:13-CV-01835-WBS-KJN. (2016)
Court: District Court, E.D. California
Number: infdco20160225944
Visitors: 6
Filed: Feb. 24, 2016
Latest Update: Feb. 24, 2016
Summary: AMENDED JOINT STIPULATION AND [PROPOSED] ORDER MODIFYING TRIAL DATE WILLIAM B. SHUBB , District Judge . Counsel for Plaintiff MOUNTAIN CLUB OWNER'S ASSOCIATION ("Plaintiff") and counsel for Defendants GRAYBAR ELECTRIC COMPANY, INC. and GENERAL CABLE CORPORATION ("Defendants") hereby submit this Amended Joint Stipulation and [Proposed] Order Modifying Trial Date. Plaintiff and Defendants (hereinafter collectively "Parties") hereby respectfully submit: 1. The current trial date is scheduled
Summary: AMENDED JOINT STIPULATION AND [PROPOSED] ORDER MODIFYING TRIAL DATE WILLIAM B. SHUBB , District Judge . Counsel for Plaintiff MOUNTAIN CLUB OWNER'S ASSOCIATION ("Plaintiff") and counsel for Defendants GRAYBAR ELECTRIC COMPANY, INC. and GENERAL CABLE CORPORATION ("Defendants") hereby submit this Amended Joint Stipulation and [Proposed] Order Modifying Trial Date. Plaintiff and Defendants (hereinafter collectively "Parties") hereby respectfully submit: 1. The current trial date is scheduled f..
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AMENDED JOINT STIPULATION AND [PROPOSED] ORDER MODIFYING TRIAL DATE
WILLIAM B. SHUBB, District Judge.
Counsel for Plaintiff MOUNTAIN CLUB OWNER'S ASSOCIATION ("Plaintiff") and counsel for Defendants GRAYBAR ELECTRIC COMPANY, INC. and GENERAL CABLE CORPORATION ("Defendants") hereby submit this Amended Joint Stipulation and [Proposed] Order Modifying Trial Date. Plaintiff and Defendants (hereinafter collectively "Parties") hereby respectfully submit:
1. The current trial date is scheduled for April 5, 2016.
2. The Parties selected Mr. Jerry Spolter of JAMS to mediate the instant matter.
3. The earliest date that Mr. Spolter was available was March 22, 2016. To that end, the mediation has been scheduled for March 22, 2016 at 10:00 a.m. in San Francisco, California.
4. At the pre-trial conference, the Court suggested — and the Parties agreed — to enter into discussions in an attempt to see whether a stipulation regarding damages could be reached. As reflected in the Pre-Trial Order, the Plaintiff's seek approximately $6.3M and Defendants contend damages are closer to approximately $5M. A stipulation on damages would significantly reduce the amount of time needed for trial.
5. The Parties are seeking the assistance of Mr. Spolter to help mediate a resolution to the entire case or, in the alternative, get the Parties to reach an agreement on damages. The Parties are optimistic that, at a minimum, a stipulation regarding damages can be reached.
6. A stipulation on damages will alter how the case is to be presented to the jury. A resolution of the issues that pertain to damages impacts the preparation of exhibits to be introduced into evidence, the testimony of fact witnesses, the testimony (or need for) certain expert witnesses, and the jury instructions.
7. While the Parties previously discussed mediation, the completion of expert depositions in December 2015 as well as the Court's January 27, 2016 ruling on the recent summary judgment motion was needed to realistically provide the best possible chance to yield successful results at a mediation.
8. In early February 2016, the Parties exchanged ideas on who to retain as a mediator and possible mediation dates. There was some difficulty finding a mediator acceptable to both sides of this dispute as well as a date that would work for both law firms and the four (4) client representatives required to attend the mediation. Ultimately, the Parties agreed on Mr. Spolter of JAMS. However, the earliest availability that for Mr. Spolter, the Parties, and the representatives was March 22, 2016.
9. In an effort to narrow the trial preparations to focus on only those issues that may remain after the March 22, 2016 mediation, the Parties jointly request a short extension of the trial date to May 24, 2016.
10. The trial date shall be continued from April 5, 2016 until May 24, 2016 at 9:00 a.m.
IT IS SO STIPULATED.
IT IS SO ORDERED.
Source: Leagle
