The Mountain Club Owner's Association v. Graybar Electric Company, Inc.
Plaintiff: The Mountain Club Owner's Association
Defendant: Graybar Electric Company, Inc.
Case Number: 2:2013cv01835
Filed: September 5, 2013
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Amador
Presiding Judge: Kendall J. Newman
Presiding Judge: William B. Shubb
Nature of Suit: Property Damage Product Liability
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
May 27, 2016 Opinion or Order Filing 119 STIPULATION and ORDER for Dismissal of Entire Action With Prejudice 118 signed by Senior Judge William B. Shubb on 5/26/2016. No award of attorneys' fees or costs, or of expert fees or costs, is or shall be made in favor of any party. Rathe r, each party agrees to bear its own costs and attorneys' fees incurred in connection with the above captioned matter and any claims dismissed therein. The Court shall retain jurisdiction to enforce the terms of the Settlement Agreement entered into between the Parties and to resolve any disputes relating to, or arising under, the Settlement Agreement. Civil Case Terminated. CASE CLOSED.. (Kirksey Smith, K)
April 29, 2016 Opinion or Order Filing 117 ORDER signed by Senior Judge William B. Shubb on 4/29/16 ORDERING that the parties shall file dispositional documents with the court within thirty days of this notice but no later than Thursday, 5/26/16; and the Trial is continued to 6/28/16 at 9:00 a.m. in courtroom 5. (Becknal, R)
March 9, 2016 Opinion or Order Filing 103 STIPULATION and ORDER signed by Senior Judge William B. Shubb on 3/9/16 ORDERING that Third Party Complaint 49 is DISMISSED without prejudice pursuant to FRCP 41(a)(1).(Mena-Sanchez, L)
February 24, 2016 Opinion or Order Filing 93 STIPULATION and ORDER 92 signed by Senior Judge William B. Shubb on 2/24/2016 resetting the Jury Trial date for 5/24/2016 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K)
January 27, 2016 Opinion or Order Filing 75 MEMORANDUM and ORDER signed by Senior Judge William B. Shubb on 1/27/2016 DENYING 68 Defendant's Motion for Summary Judgment. (Kirksey Smith, K)
August 4, 2015 Opinion or Order Filing 61 ORDER signed by Magistrate Judge Kendall J. Newman on 8/4/15. General Cable is directed to perform cable replacement in accordance with this order; the parties shall meet and confer regarding potential dates and cooperate in good faith; General Cable shall bear the reasonable costs as discussed in detail at the telephonic conference; if the parties wish to modify the pretrial scheduling order they shall submit a joint proposed schedule. (Manzer, C)
March 31, 2015 Opinion or Order Filing 57 STIPULATION and ORDER signed by Senior Judge William B. Shubb on 3/31/15 re: 56 MODIFYING 44 as follows: General Cable's Initial Disclosures due on or before 4/24/15; joinder of parties and filing amendments extended until 5/1/15; Expert Di sclosure reports due 8/24/15; Disclosure of Rebuttal Expert reports due 9/25/15; Discovery due 10/9/15; Date for the court hearing any discovery motions due 10/9/15; Date for filing motions, with stated exceptions due 10/23/15; Final Pretrial Confere nce set for 1/19/2016 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb., Jury Trial set for 3/8/2016 at *09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb.(Meuleman, A) *Modified on 3/31/2015 (Kirksey Smith, K).
February 18, 2015 Opinion or Order Filing 52 STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 2/18/15: Designation of Expert Witnesses due by 4/17/2015. With regard to expert testimony intended solely for rebuttal, those experts shall be disclosed and reports produced on or before May 1, 2015. (Kaminski, H)
February 3, 2015 Opinion or Order Filing 48 STIPULATION and ORDER 47 for leave to file Third-Party Complaint signed by Senior Judge William B. Shubb on 2/2/2015. Defendant Graybar Electric Company, Inc. shall file its Proposed Third-Party Complaint against General Cable Corporation within 10 days from date of this Order. (Marciel, M)
November 24, 2014 Opinion or Order Filing 46 STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 11/24/14 re: 45 ORDERING that the parties shall have until no later than 2/27/15 to seek leave to join additional parties or amend the pleadings. After that date, no further joinder of parties or amendments to pleadings will be permitted except with leave of the court, good cause having been shown under FRCP 16(b). (Meuleman, A)
April 3, 2014 Opinion or Order Filing 39 STIPULATION AND ORDER signed by Senior Judge William B. Shubb on 4/2/2014 APPROVING and ADOPTING the parties' proposed deadlines; ORDERING Defendant Graybar Electric Company, Inc. to respond to the plaintiff's strict product liability claim fourteen (14) days after the plaintiff serves its Second Amended Complaint; CONTINUING the Scheduling Conference to 6/9/2014 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; ORDERING that a Joint Status Report be filed by 5/27/2014. (Michel, G)
March 25, 2014 Opinion or Order Filing 37 MEMORANDUM AND ORDER RE 27 MOTION TO DISMISS FIRST AMENDED COMPLAINT signed by Senior Judge William B. Shubb on 3/25/2014: IT IS THEREFORE ORDERED that defendant's motion to dismiss is GRANTED with respect to plaintiff's negligence claim and DENIED with respect to plaintiff's strict products liability claim. Plaintiff has twenty days from the date this Order is signed to file an amended complaint, if it can do so consistent with this Order. (Kirksey Smith, K)
March 17, 2014 Opinion or Order Filing 34 ORDER granting 33 REQUEST for Telephonic Appearance signed by Senior Judge William B. Shubb on 3/14/14. (Kaminski, H)
February 28, 2014 Opinion or Order Filing 31 STIPULATION and ORDER 30 signed by Senior Judge William B. Shubb on 2/28/14 ORDERING that the Scheduling Conference is CONTINUED to 4/28/2014 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Joint Status Report shall be filed no later than 4/14/2014. (Kastilahn, A)
January 29, 2014 Opinion or Order Filing 25 STIPULATION and ORDER signed by Senior Judge William B. Shubb on 1/28/2014 ORDERING 24 Scheduling Conference Reset for 3/31/2014 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; Joint Status Report no later than 3/17/2014. (Reader, L)
January 14, 2014 Opinion or Order Filing 23 ORDER signed by Senior Judge William B. Shubb on 1/13/14 ORDERING that defendant's motion to dismiss the Complaint be, and the same hereby is, GRANTED.Plaintiff has twenty days from the date this Order is signed to file an amended complaint, if it can do so consistent with this Order. (Becknal, R)
December 31, 2013 Opinion or Order Filing 20 ORDER signed by Senior Judge William B. Shubb on 12/31/2013 granting 19 Request for Thomas P. Berra, Jr. to appear telephonically at the Motion to Dismiss hearing on January 13, 2014 at 2:00 p.m. The courtroom deputy shall email counsel with instructions on how to participate in the telephone conference call. (Kirksey Smith, K)
December 23, 2013 Opinion or Order Filing 18 ORDER signed by Senior Judge William B. Shubb on 12/23/2013 GRANTING 17 Plaintiff's Request for Telephonic Appearance at 1/13/2014 motion hearing. (Kirksey Smith, K)
October 16, 2013 Opinion or Order Filing 7 STIPULATION and ORDER signed by Senior Judge William B. Shubb on 10/15/13 GRANTING extension of time to file answer to the complaint. Answer due by 10/31/13. (Manzer, C)
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Plaintiff: The Mountain Club Owner's Association
Represented By: Diana Roya Lotfi
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Defendant: Graybar Electric Company, Inc.
Represented By: Thomas P. Berra, Jr.
Represented By: Michael Barrett Brown
Represented By: Edward T, Pivin, PHV
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