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13-1378 - Carolina Casualty Insurance Company v. Oahu Air Conditioning Service, Inc. et al


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13-1378 - Carolina Casualty Insurance Company v. Oahu Air Conditioning Service, Inc. et al
November 6, 2013
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ORDER signed by Senior Judge William B. Shubb on 11/6/2013 granting 8 Plaintiff's Ex Parte Application to rescheduled the Scheduling Conference for 1/21/2014 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. A Joint Status Report shall be filed no later than 1/7/2014. (Kirksey Smith, K)
December 3, 2013
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STIPULATION and ORDER signed by Senior Judge William B. Shubb on 12/2/13: The deadline for PCS and OAC to respond to the Complaint by answer or motion shall be December 13, 2013. (Kaminski, H)
January 28, 2014
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MEMORANDUM AND ORDER signed by Senior Judge William B. Shubb on 1/28/2014 ORDERING 13 that the moving defendants, motion to dismiss the Complaint be, and the same hereby is, DENIED; and moving defendants' motion to strike be, and the same hereby is, DENIED. (Reader, L)
February 12, 2014
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STIPULATION and ORDER signed by Senior Judge William B. Shubb on 2/11/2014 ORDERING that the deadline for Defendants Oahu Air Condition Service, Inc. and Pacific Commercial Services, LLC to file cross-claims is EXTENDED to 3/11/2014. (Zignago, K.)
March 12, 2014
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STIPULATION and ORDER signed by Senior Judge William B. Shubb on 3/12/2014 ORDERING 32 that Defendants Oahu Air Condition Service, Inc. and Pacific Commercial Services, LLC. request to file a cross-claim is EXTENDED to 4/8/2014.(Reader, L)
March 28, 2014
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STIPULATION and ORDER signed by Senior Judge William B. Shubb on 3/28/2014 ORDERING the responsive pleading of Third Party Defendant Don Sozzi, as Trustee of the Joyce Sozzi Trust, is due on or before 4/21/2014.(Waggoner, D)
April 4, 2014
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STIPULATION and ORDER signed by Senior Judge William B. Shubb on 4/4/2014 ORDERING 48 that the responsive pleading of Third Party Defendant Clean Harbors Environmental Services, Inc., is due on or before 4/21/2014. (Reader, L)
May 29, 2014
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STIPULATION and ORDER signed by Senior Judge William B. Shubb on 5/28/14 DISMISSING Matson Navigation Company, Inc. without prejudice. Each party to bear its own costs and attorneys' fees. (Manzer, C)
September 12, 2014
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ORDER signed by Magistrate Judge Allison Claire on 9/11/14 ORDERING that plaintiff's ex parte application for an order shortening time is DENIED. (Kastilahn, A)
September 17, 2014
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ORDER signed by Magistrate Judge Allison Claire on 9/16/2014 GRANTING in part and DENYING in part Pacific's 68 Motion to Compel. (Marciel, M)
December 15, 2014
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ORDER signed by Magistrate Judge Allison Claire on 12/12/14 ORDERING that Pacific's MOTION for RECONSIDERATION 80, is GRNTED in PART and DENIED in part as set forth in this order. To the extent CCIC has not served amended responses as ordered by the court on 9/17/14, CCIC is ordered to serve amended responses within fourteen days from the date of this order; and Pacific shall have seven days from the date of this order to file a letter brief in support of its request for expenses incurred in connection with the motion to compel, not to exceed four pages. Within seven days thereafter, CCIC may file a reply letter brief, not to exceed four pages.(Mena-Sanchez, L)
January 23, 2015
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ORDER signed by Magistrate Judge Allison Claire on 1/23/15 ORDERING the Clerk to STRIKE 97, 99 and 102. Defendant's MOTION to COMPEL 94, is DENIED without prejudice to its renewal in proper form. Defendant shall provide plaintiff with its "final" draft Joint Statement so that Plaintiff can insert its own provisions to a document that will not otherwise be altered prior to filing with the court. The hearing on Plaintiff's MOTION to COMPEL 93, is VACATED, so that it can be re-noticed for the same date as Defendant's renewed motion.(Mena-Sanchez, L)
February 18, 2015
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ORDER signed by Magistrate Judge Allison Claire on 2/18/15. Plaintiff and PCS are directed to make further submissions as follows: 1. Both plaintiff and PCS shall, no later than Friday, February 20, 2015 at 4:30 p.m., serve and file declarations not briefs or legal arguments setting forth facts to be considered in evaluating the totality of the circumstances surrounding the Elite Investigation reports, including, as pertinent, the hiring of Elite, the role of Elite during the investigation, Elites interactions with plaintiff and plaintiffs counsel, the creation and presentation of the reports, and any other facts relevant to the question of whether the reports are work product protected by Fed. R. Civ. P. 26(b)(3) and United States v. Torf (In re Grand Jury Subpoena (Mark Torf/Torf Environmental Management), 357 F.3d 900 (9th Cir. 2004). 2. Defendant PCS shall submit, no later than March 11, 2015 at 4:30 p.m.: (a) A detailed privilege log of all documents it is withholding from discovery pursuant to the joint defense privilege; and (b) A declaration setting forth facts supporting the existence of a joint defense privilege, see United States v. Ruehle, 583 F.3d 600, 6-7-08 (9th Cir. 2009), including when and how the joint defense agreement was established. 3. Plaintiff shall submit, no later than March 11, 2015 at 4:30 p.m., a detailed privilege log of all documents in its claim file that it is withholding from discovery pursuant to a claim of work product or privilege. 4. Plaintiff shall produce to PCS, no later than Friday, March 20, 2015 at 4:30 p.m., the settlement agreement reached in litigation in Massachusetts on or about August 2013, involving Smith Systems Transportation and Clean Harbors Environmental Services, which PCS seeks to compel in this motion. Plaintiff is granted this time to allow any interested party to intervene if it objects to the production. (Manzer, C)
March 30, 2015
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ORDER signed by Magistrate Judge Allison Claire on 3/27/15 GRANTING in part and DENYING in part Plaintiff's 106 and Defendant's 107 Motions to Compel. The requests by both sides for sanctions is DENIED. (Manzer, C)
April 27, 2015
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ORDER signed by Senior Judge William B. Shubb on 4/27/2015 GRANTING 127 Oahu Air Condition Service, Inc.'s (OAC) Motion to Amend Third Party Complaint. OAC shall file its amended third-party complaint within three days of the date of this Order. (Kirksey Smith, K)
June 1, 2015
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ORDER signed by Senior Judge William B. Shubb on 5/29/2015 GRANTING 140 Ex Parte Application for modification of the 3/18/2015 Order Modifying Status (Pretrial Scheduling) Order. The Court Orders that the 3/18/2015, Order Modifying Status (Pretrial Scheduling) Order is MODIFIED as follows: The parties are required to disclose experts and produce reports by no later than 3/2/2016, and with regard to expert testimony intended solely for rebuttal on or before 4/10/2016. All discovery including depositions for preservation of testimony is to be completed by 4/30/2016, and all discovery motions heard (and any resulting orders obeyed) not later than 4/30/2016. All motions, except motions for continuances, temporary restraining orders, or other emergency applications, are to be filed on or before 6/3/2016. The Final Pretrial Conference is set for 8/15/2016 at 2:00 p.m.. The Jury Trial is set for 10/12/2016 at 9:00 a.m., with an estimated ten day trial. (Zignago, K.)
June 4, 2015
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ORDER signed by Senior Judge William B. Shubb on 6/4/2015 ORDERING 150 that Third-Party Defendant Test America Laboratories, Inc. shall have through and including 7/1/2015 to respond to OAHU Air Conditioning Services, Inc.'s First Amended Third-Party Complaint in this action. (Reader, L)
June 11, 2015
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STIPULATION and ORDER signed by Senior Judge William B. Shubb on 6/11/2015 ORDERING 154 The Recitals are hereby incorporated by reference in this Stipulation. The Parties hereby stipulate and agree to an extension of 90 days, to and including 9/10/2015, by which Google and Kaiser, respectively, shall serve their FRCP Rule 26(a)(1) Initial Disclosures in this Action. (Reader, L)
June 15, 2015
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STIPULATION and ORDER signed by Senior Judge William B. Shubb on 6/15/2015 ORDERING 157 The Recitals are hereby incorporated by reference in this Stipulation; the Parties hereby stipulate and agree to an extension of 90 days, to and including 9/10/2015, by which Foothill shall serve its FRCP Rule 26(a)(1) Initial Disclosures in this Action.(Reader, L)
June 15, 2015
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STIPULATION and ORDER signed by Senior Judge William B. Shubb on 6/15/2015 ORDERING 156 The Recitals are hereby incorporated by reference in this Stipulation; the Parties hereby stipulate and agree to an extension of 90 days, to and including 9/10/2015, by which Test America, respectively, shall serve its FRCP Rule 26(a)(1) Initial Disclosures in this Action. (Reader, L)
July 1, 2015
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STIPULATION and ORDER signed by Senior Judge William B. Shubb on 6/30/15. The third party claim made by Oahu Air Conditioning Service, Inc. against Foothill-De Anza Community College District is DISMISSED and each party shall bear their own attorneys' fees and costs. (Manzer, C)
July 2, 2015
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STIPULATION and ORDER signed by Senior Judge William B. Shubb on 07/02/15 ORDERING that the responsive pleading of Third Party Defendants Google, Inc., Kaiser Permanente Ventures LLC and Test America Laboratoires, Inc. is due by 07/24/15. (Benson, A)
July 2, 2015
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STIPULATION and ORDER signed by Senior Judge William B. Shubb on 07/02/15 ORDERING that the responsive pleading of Third Party Defendants Clean Harbors Environmental Services, Inc., Nektar Therapeutics and Smith Systems Transportation, Inc. is due by 07/24/15. (Benson, A)
July 27, 2015
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STIPULATION and ORDER signed by Senior Judge William B. Shubb on 7/24/15 ORDERING that Third Party Plaintiff OAC is authorized to file a Second Amended Third Party Complaint on or before 8/7/2015. The responsive pleading of third party defendants Clean Harbors Environmental Services, Inc., Smith Systems Transportation, Inc., Kaiser Permanente Ventures, LLC, Google, Inc., Nektar Therapeutics, and Test America Laboratories, Inc., is due 14 days after the second amended third party complaint is filed. (Kastilahn, A)
October 23, 2015
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MEMORANDUM AND ORDER signed by Senior Judge William B. Shubb on 10/23/2015 re 182 Defendant Test America Laboratories, Inc.'s Motion to Dismiss: IT IS ORDERED that Test America's Motion to Dismiss OAC's Second Amended Complaint (Docket No. 178) be, and the same hereby is, GRANTED. OAC has twenty days from the date this Order is signed to file a Third Amended Complaint, if it can do so consistent with this Order. (Kirksey Smith, K)
December 11, 2015
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ORDER signed by Senior Judge William B. Shubb on 12/10/15 GRANTING 206 TestAmerica Laboratories, Inc.'s ("TestAmerica") Request for Telephonic Appearance at the 12/14/15 hearing on TestAmerica Laboratories, Inc.s Motion To Dismiss Smith Systems Transportation, Inc.'s Third Party Complaint. (Kastilahn, A)
December 15, 2015
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MEMORANDUM AND ORDER signed by Senior Judge William B. Shubb on 12/15/2015 re 193 TestAmerica Laboratories, Inc.'s Motion to Dismiss Third-Party Defendant Smith Systems Transportation's Complaint: IT IS ORDERED that TestAmerica's Motion to Dismiss Smith's Complaint 181 be, and the same hereby is, GRANTED. Smith has thirty days from the date this Order is signed to file a First Amended Third-Party Complaint, if it can do so consistent with this Order. Carolina Casualty has thirty days from the date this Order is signed to file a Second Amended Complaint, if it can do so consistent with this Order. (Kirksey Smith, K)
February 29, 2016
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ORDER signed by Magistrate Judge Allison Claire on 2/29/2016 ORDERING the parties are required to disclose experts and produce reports in accordance with FRCP 26(a)(2) due by 4/29/2016; and with regard to expert testimony intended solely for rebuttal on 6/1/2016; all Discovery including depositions for preservation of testimony due by 6/30/2016; and all discovery motions heard (and any resulting orders obeyed) not later than 6/30/2016.(Reader, L)
June 28, 2016
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ORDER signed by Senior Judge William B. Shubb on 6/27/16 GRANTING TestAmerica Laboratories Inc.'s Request for telephonic Appearance at the 7/18/16 Status Hearing. TestAmerica's counsel appearing at the hearing is: Kara Persson (619) 230-7460 (direct) [email protected] (Mena-Sanchez, L)
July 7, 2016
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ORDER signed by Senior Judge William B. Shubb on 7/6/16 GRANTING Pacific Commercial Services LLC's Request for Telephonic Appearance at the July 18, 2016 status hearing in this matter. (Kastilahn, A)
July 7, 2016
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ORDER signed by Senior Judge William B. Shubb on 7/6/16 GRANTING Oahu Air Conditioning Service, Inc.'s Request for Telephonic Appearance at the July 18, 2016 status hearing in this matter. (Kastilahn, A)