Lagunitas Brewing Company v. Sentry Equipment Erectors, Inc.

Northern District of California, cand-4:2015-cv-02971

STIPULATION AND ORDER TO EXTEND MEDIATION DEADLINE re {{46}} STIPULATION WITH PROPOSED ORDER EXTENDING MEDIATION DEADLINE filed by Sentry Equipment Erectors, Inc., Charles Christopher Perkins, The Lagunitas Brewing Company, Twin City Fire Insurance Company. Signed by Magistrate Judge Kandis A. Westmore on 8/30/16.

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1 Craig A. Livingston – SBN 148551 Crystal L. Van Der Putten – SBN 227262 2 LIVINGSTON LAW FIRM A Professional Corporation 3 1600 South Main Street, Suite 280 Walnut Creek, CA 94596 4 Tel: (925) 952-9880 Fax: (925) 952-9881 5 clivingston@livingstonlawyers.com cvanderputten@livingstonlawyers.com 6 Attorneys for Defendant 7 SENTRY EQUIPMENT ERECTORS, INC. 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 THE LAGUNITAS BREWING) Case No. 4:15-cv-02971-KAW COMPANY,) 11) (Consolidated with Plaintiff,) Case No. 3:15-cv-06044-KAW) 12) v.) STIPULATION AND [PROPOSED] 13) ORDER EXTENDING MEDIATION SENTRY EQUIPMENT ERECTORS, INC.,) DEADLINE 14 and DOES 1 through 100, inclusive,)) 15 Defendants.)) 16) CHARLES CHRISTOPHER PERKINS, an) 17 individual,)) 18 Plaintiff,)) 19 v.)) 20 SENTRY EQUIPMENT ERECTORS, INC.,) a Virginia Corporation and DOES 1-25,) 21 inclusive,)) 22 Defendants.)) 23 24 It is hereby stipulated, by and through counsel for Plaintiffs THE LAGUNITAS 25 BREWING COMPANY and TWIN CITY FIRE INSURANCE COMPANY, Plaintiff 26 CHARLES CHRISTOPHER PERKINS, and Defendant SENTRY EQUIPMENT ERECTORS, 27 INC., that: __________________________________________________________________________________________________________________ 28 The Lagunitas Brewing Company, et al. v. Sentry Equipment Erectors, Inc., Case No. 4:15-cv-02971- KAW consolidated with Perkins v. Sentry Equipment Erectors, Inc., Case No. 3:15-cv-06044-KAW STIPULATION AND [PROPOSED] ORDER EXTENDING MEDIATION DEADLINE -1- 1 1. These consolidated cases are currently set for mediation before Northern District 2 mediator Jonathan Lee, Esq. on September 9, 2016; 3 2. Counsel for all parties agree that it is premature to mediate these matters at this time, 4 primarily because Plaintiff Charles Christopher Perkins, the injured employee in this 5 industrial accident/product liability action, is just now returning to base line following his 6 most recent surgery. As a result, Mr. Perkins has not been evaluated from a functional 7 capacity/vocational rehabilitation perspective which is needed to properly evaluate his 8 claims. Moreover, given his recent surgery, Plaintiff Perkins has not yet undergone a 9 medical exam which Defendant intends to notice. 10 3. All counsel agree that the mediation should be postpone until November, 2016 in order to 11 accommodate this work up and therefore agree that the new mediation deadline should be 12 November 30, 2016. All counsel with work with mediator Jonathan Lee to reschedule 13 mediation for a suitable date in November 2016. 14 4. All counsel have been in communication with mediator Jonathan Lee who readily 15 consented to the continuance. 16 It is therefore stipulated by and between all counsel, with the approval of mediator 17 Jonathan Lee, that the mediation completion date be continued to November 30, 2016. 18 IT IS SO STIPULATED. 19 Dated: August 26, 2016 ADELSON, TESTAN, BRUNDO, NOVELL & JIMENEZ 20 /S/ Davil Vasquez 21 By Davil Vasquez, Esq. 22 Attorneys for Plaintiffs THE LAGUNITAS BREWING 23 COMPANY, A CALIFORNIA CORPORATION; AND TWIN CITY FIRE 24 INSURANCE COMPANY, AN INDIANA CORPORATION 25 26 27 __________________________________________________________________________________________________________________ 28 The Lagunitas Brewing Company, et al. v. Sentry Equipment Erectors, Inc., Case No. 4:15-cv-02971- KAW consolidated with Perkins v. Sentry Equipment Erectors, Inc., Case No. 3:15-cv-06044-KAW STIPULATION AND [PROPOSED] ORDER EXTENDING MEDIATION DEADLINE -2- 1 Dated: August 26, 2016 KRANKEMANN PETERSEN LLP 2 /S/ Martin Reilley,Esq. By 3 Martin T. Reilley, Esq. Attorneys for Plaintiff 4 CHARLES CHRISTOPHER PERKINS 5 6 Dated: August 26, 2016 LIVINGSTON LAW FIRM 7 /S/ Craig A. Livingston By 8 Craig A. Livingston Crystal L. Van Der Putten 9 Attorneys for Defendant SENTRY EQUIPMENT ERECTORS, INC. 10 11 [PROPOSED] ORDER 12 ☐ x The parties' stipulation is adopted and IT IS SO ORDERED. 13 ☐ The parties' stipulation is modified as follows, and IT IS SO ORDERED. 14 15 Dated: 8/30/16 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 __________________________________________________________________________________________________________________ 28 The Lagunitas Brewing Company, et al. v. Sentry Equipment Erectors, Inc., Case No. 4:15-cv-02971- KAW consolidated with Perkins v. Sentry Equipment Erectors, Inc., Case No. 3:15-cv-06044-KAW STIPULATION AND [PROPOSED] ORDER EXTENDING MEDIATION DEADLINE -3-