Homem et al v. Intec Corporation, et al

California Northern District Court
Case #: 3:05-cv-00792
Nature of Suit360 Torts - Personal Injury - Other Personal Injury
Cause28:1331 Fed. Question
Case Filed:Feb 23, 2005
Terminated:Aug 01, 2007
3rd party defendant
APV North America, Inc. f/ka APV Crepaco
3rd party defendant
INTEC USA, LLC
3rd party plaintiff
INTEC USA, LLC
Claimant
State Compensation Insurance Fund
Defendant
Intec Corporation,
Defendant
INTEC USA, LLC
Defendant
Jim Chamblee
Interested Party
Hartford Fire Insurance Company
Mediator
J. Chris Ferry
Miscellaneous
Ace Insurance Ltd.
Plaintiff
Richard Homem
Plaintiff
Wendy Lynn Homem

GPO Jun 27 2005
PRETRIAL PREPARATION ORDER. Signed by Judge Maxine M. Chesney on 6/27/2005. (tl, COURT STAFF) (Filed on 6/27/2005)
GPO Jul 12 2005
ORDER REGARDING REASSIGNMENT. The parties are directed to confer regarding reassignment and to file, on or before July 29, 2005, a letter stating whether or not the parties consent to reassignment of this matter to Magistrate Judge Vadas. Signed by Judge Maxine M. Chesney on July 12, 2005.(mmclc1, COURT STAFF)
GPO Jul 22 2005
ORDER DIRECTING COUNSEL FOR PLAINTIFFS TO COMPLY WITH GENERAL ORDER 45 RE: ELECTRONIC FILING OF DOCUMENTS. Plaintiffs are ordered, on or before July 29, 2005, to comply with General Order 45 with respect to their First Amended Complaint. Signed by Judge Maxine M. Chesney on July 22, 2005. (mmclc1, COURT STAFF)
GPO Oct 18 2005
ORDER DENYING STIPULATED REQUEST FOR ENLARGEMENT OF TIME AND MODIFICATION OF PRETRIAL PREPARATION ORDER. The parties' stipulated request to continue is denied, without prejudice to the parties' seeking an extension of the discovery cut-off dates. Signed by Judge Maxine M. Chesney on October 18, 2005. (mmclc1, COURT STAFF)
GPO Oct 25 2005
ORDER granting in part stipulation for enlargement of time for completion of discovery and modification of pretrial preparation order, EXCEPT that the expert discovery cutoff is extended to January 13, 2006 and the dispositive motion filing deadline is extended to January 27, 2006. NEW DEADLINES: Non-expert discovery cutoff, December 10, 2005; Designation of experts, December 16, 2005; Rebuttal designation of experts, December 30, 2005; Expert discovery cutoff, January 13, 2006; Dispositive motion filing deadline, January 27, 2006. Signed by Judge Maxine M. Chesney on 10/25/2005. (mmclc2, COURT STAFF) (Filed on 10/25/2005)
GPO Feb 02 2006
ORDER NOTIFYING COUNSEL OF FAILURE TO REGISTER AS ECF USER. Signed by Judge Maxine M. Chesney on February 2, 2006. (mmclc1, COURT STAFF) Additional attachment(s) added on 2/3/2006 (tl, COURT STAFF).
GPO Feb 28 2006
ORDER GRANTING DEFENDANTS' APPLICATION TO SHORTEN TIME. The hearing on defendant's motion to continue the trial date and related dates is advanced from April 14, 2006 to March 3, 2006. Plaintiff shall file his opposition or other response no later than 4:00 p.m. on March 2, 2006. Signed by Judge Maxine M. Chesney on February 28, 2006. (mmclc1, COURT STAFF)
GPO Mar 01 2006
ORDER GRANTING PLAINTIFFS' REQUEST TO RESCHEDULE HEARING ON DEFENDANTS' MOTION TO CONTINUE. The hearing on defendants' motion to continue is rescheduled from March 3, 2006 at 9:00 a.m. to March 3, 2006 at 2:00 p.m. Signed by Judge Maxine M. Chesney on March 1, 2006. (mmclc1, COURT STAFF)
GPO Mar 06 2006
ORDER - Notice of Settlement Conference and Settlement Conference Order. Settlement Conference set for 3/27/2006 10:00 AM. Signed by Magistrate Judge Edward M. Chen on 3/6/2006. (emcsec, COURT STAFF) (Filed on 3/6/2006)
GPO Mar 09 2006
emcsec, COURT STAFF) (Filed on 3/9/2006)ORDER - Stipulation to Advance the March 27, 2006 Settlement Conference to March 24, 2006; Order 46. Settlement Conference set for 3/27/2006 10:00 AM has been changed to 3/24/2006 09:30 AM. Signed by Magistrate Judge Edward M. Chen on 3/9/2006. (
GPO Mar 10 2006
ORDER REQUIRING APPEARANCE OF INSURANCE CARRIERS AT SETTLEMENT CONFERENCE. Signed by Magistrate Judge Edward M. Chen on 3/10/2006. (emcsec, COURT STAFF) (Filed on 3/10/2006)
GPO Mar 10 2006
ORDER GRANTING DEFENDANTS' MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION; DENYING IN PART DEFENDANTS' MOTION FOR RECONSIDERATION; SETTING BRIEFING SCHEDULE AND HEARING ON SHORTENED TIME ON REMAINDER OF DEFENDANTS' MOTION FOR RECONSIDERATION. Defendants' motion for leave to file a motion for reconsideration is granted, and the motion for reconsideration is deemed filed. Defendants' request to continue the Pretrial Conference and related dates is denied. With respect to defendants' request to continue the trial date, defendants are afforded the opportunity to file a supplemental declaration no later than March 14, 2006, plaintiffs may file any opposition to the request to continue the trial date no later than March 17, 2006 by 3:00p.m., and the hearing will be conducted on March 20, 2006, at 10:00 a.m. Signed by Judge Maxine M. Chesney on March 10, 2006. (mmclc1, COURT STAFF)
GPO Mar 23 2006
ORDER RE DEFENDANTS' REQUEST TO EXCUSE LEAD TRIAL COUNSEL FROM APPEARING AT PRETRIAL CONFERENCE. Defendant's request to excuse lead trial counsel David A. Clinton from appearing, and to permit co-trial counsel Adrienne M. Stover to appear, at the pretrial conference is granted. Signed by Judge Maxine M. Chesney on March 23, 2006. (mmclc1, COURT STAFF)
GPO Mar 23 2006
ORDER Removing Docket No. 58 From Electronic Filing. Signed by Magistrate Judge Edward M. Chen on 3/23/2006. (emcsec, COURT STAFF) (Filed on 3/23/2006)
GPO Mar 24 2006
ORDER REFERRING SPECIALLY APPEARING PARTY ACE INSURANCE LTD'S MOTION TO QUASH TO MAGISTRATE JUDGE. Signed by Judge Maxine M. Chesney on March 24, 2006. (mmclc1, COURT STAFF)
GPO Mar 27 2006
NOTICE OF REFERENCE AND ORDER RE DISCOVERY PROCEDURES. Signed by Judge Edward M. Chen on 3/27/06. (bpf, COURT STAFF) (Filed on 3/27/2006)
GPO Mar 31 2006
ORDER - Notice and Order Setting Further Settlement Conference. Further Settlement Conference set for 4/17/2006 10:00 AM. Signed by Magistrate Judge Edward M. Chen on 3/31/2006. (emcsec, COURT STAFF) (Filed on 3/31/2006)
GPO Apr 14 2006
ORDER REMOVING DOCKET NO. 102 FROM ELECTRONIC FILING. Signed by Magistrate Judge Edward M. Chen on 4/14/2006. (emcsec, COURT STAFF) (Filed on 4/14/2006)
GPO Jun 23 2006
ORDER DENYING PLAINTIFFS' MOTION FOR JUDGMENT AS MATTER OF LAW ON ISSUE OF SUCCESSORSHIP. Signed by Judge Maxine M. Chesney on June 23, 2006. (mmclc1, COURT STAFF)
GPO Jun 23 2006
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S APPLICATION FOR CONTINUANCE. Defendants' application to continue the July 7, 2006 hearing is moot. The status conference is continued from July 7, 2006 to August 4, 2006. A joint status conference statement shall be filed no later than July 28, 2006. Signed by Judge Maxine M. Chesney on June 23, 2006. (mmclc1, COURT STAFF)
GPO Jul 20 2006
ORDER DENYING DEFENDANT'S MOTION TO DISMISS AND TO STRIKE; VACATING HEARING. Signed by Judge Maxine M. Chesney on July 20, 2006. (mmclc1, COURT STAFF)
GPO Aug 08 2006
AMENDED PRETRIAL PREPARATION ORDER. Signed by Judge Maxine M. Chesney on 8/8/2006. (tl, COURT STAFF) (Filed on 8/8/2006)
GPO Aug 23 2006
ORDER - Notice and Order Setting Further Settlement Conference. Further Settlement Conference set for 10/31/2006 09:30 AM. Signed by Magistrate Judge Edward M. Chen on 8/23/2006. (emcsec, COURT STAFF) (Filed on 8/23/2006)
GPO Sep 01 2006
ORDER, by Judge Joseph C. Spero, signed 9/1/6, Granting 173 Plaintiffs Motion to Compel Compliance with Deposition Notices, Denying 177 Plaintiffs Motion for Sanctions. (klh, COURT STAFF) (Filed on 9/1/2006)
GPO Sep 06 2006
ORDER DIRECTING DEFENDANT/THIRD-PARTY COMPLAINANT TO LODGE CHAMBERS COPIES IN COMPLIANCE WITH GENERAL ORDER 45 AND THE COURT'S STANDING ORDERS. Signed by Judge Maxine M. Chesney on September 6, 2006. (mmclc1, COURT STAFF)
GPO Sep 25 2006
ORDER DENYING PLAINTIFFS' MOTION FOR RECONSIDERATION OF ORDER REOPENING EXPERT DISCOVERY; DENYING DEFENDANT'S REQUEST FOR MONETARY SANCTIONS; VACATING HEARING. Signed by Judge Maxine M. Chesney on September 25, 2006. (mmclc1, COURT STAFF)
GPO Oct 02 2006
NOTICE OF REFERENCE AND ORDER RE: DISCOVERY PROCEDURES. Signed by Judge Joseph C. Spero on 9/29/6. (klh, COURT STAFF) (Filed on 10/2/2006)
GPO Oct 19 2006
ORDER GRANTING THIRD PARTY DEFENDANT'S APPLICATION FOR ORDER SHORTENING TIME; SETTING BRIEFING SCHEDULE. Any opposition or other response to APV's motion to dismiss, to sever, and/or to enlarge time shall be filed no later than October 23, 2006, by 2:00 p.m., at which time the matter will stand submitted. Signed by Judge Maxine M. Chesney on October 19, 2006. (mmclc1, COURT STAFF)
GPO Oct 23 2006
ORDER GRANTING IN PART AND DENYING IN PART THIRD-PARTY DEFENDANT'S MOTION TO DISMISS OR FOR OTHER RELIEF; DISMISSING THIRD-PARTY COMPLAINT; GRANTING MOTION FOR LEAVE TO AMEND. The third-party complaint is dismissed. Intec's motion for leave to amend is granted, and Intec shall file its First Amended Third-Party Complaint no later than October 25, 2006. APV's requests to sever and/or modify the pretrial order are denied as premature. APV's request to continue the settlement conference, scheduled for October 31, 2006, is denied. Signed by Judge Maxine M. Chesney on October 23, 2006. (mmclc1, COURT STAFF)
GPO Oct 25 2006
)ORDER DENYING AS MOOT THIRD-PARTY DEFENDANT'S MOTION FOR DISMISSAL FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT, AND/OR OTHER RELIEF. Signed by Judge Maxine M. Chesney on October 25, 2006. (mmclc1, COURT STAFF
GPO Oct 26 2006
ORDER Denying 220 Request to Excuse Attendance at Settlement Conference. Signed by Magistrate Judge Edward M. Chen on 10/26/2006. (emcsec, COURT STAFF) (Filed on 10/26/2006)
GPO Nov 08 2006
ORDER DISMISSING PLAINTIFFS' CLAIMS AGAINST DEFENDANT INTEC USA, LLC. Plaintiffs Richard and Wendy Homem and defendant Intec USA, LLC, having advised the Court that they have reached a settlement, IT IS HEREBY ORDERED that plaintiffs' claims against Intec are dismissed without prejudice, provided, however, that if any of said parties certifies to this Court, within ninety days, with proof of service of a copy thereon on opposing counsel, that the agreed consideration for said settlement has not been delivered over, the foregoing Order shall stand vacated. Signed by Judge Maxine M. Chesney on November 8, 2006. (mmclc1, COURT STAFF)
GPO Nov 08 2006
ORDER GRANTING IN PART THIRD-PARTY DEFENDANT'S APPLICATIONS FOR ORDERS SHORTENING TIME; SETTING BRIEFING SCHEDULE; DIRECTING THIRD-PARTY COMPLAINANT TO SHOW CAUSE WHY FIRST AMENDED THIRD-PARTY COMPLAINT SHOULD NOT BE DISMISSED FOR LACK OF JURISDICTION. Intec's opposition to APV's three motions shall be filed on or before 4:00 p.m., November 15, 2006. APV's replies shall be filed on or before 4:00 p.m., November 17, 2006, on which date, unless the parties are otherwise advised, the matter shall stand submitted. Additionally, at the time it responds to APV's motion to dismiss, Intec is ordered to show cause why its First Amended Third-Party Complaint should not be dismissed for lack of subject matter jurisdiction. Signed by Judge Maxine M. Chesney on November 8, 2006. (mmclc1, COURT STAFF)
GPO Nov 22 2006
ORDER GRANTING IN PART AND DENYING IN PART THIRD-PARTY DEFENDANT'S MOTION TO DISMISS OR, IN THE ALTERNATIVE, TO SEVER AND/OR CHANGE TRIAL DATE; GRANTING IN PART AND DENYING IN PART AS MOOT THIRD-PARTY DEFENDANT'S MOTION TO OPEN DISCOVERY, CONTINUE EXPERT DEPOSITIONS, AND ESTABLISH NEW DEADLINE FOR EXPERT DISCLOSURES; DENYING AS MOOT THIRD-PARTY DEFENDANT'S MOTION TO OPEN DISCOVERY; SETTING STATUS CONFERENCE. The First and Third Causes of Action in the FATC are dismissed; in all other respects, the motion to dismiss is denied. The motion to sever is denied as moot. The motion to continue the pretrial and trial dates is granted, and all currently set dates, including the December 19, 2006 pretrial and January 8, 2007 trial dates, are vacated. APV's motion to open discovery and to establish a new deadline for expert disclosures is granted. APV's motion to continue expert depositions is denied as moot. APV's "Motion to Open Discovery" is denied as duplicative. The Court will conduct a case management conference on January 19, 2007, at 10:30 a.m. A joint case management statement shall be filed no later than January 12, 2007. Signed by Judge Maxine M. Chesney on November 22, 2006. (mmclc1, COURT STAFF)
GPO Nov 22 2006
ORDER DISCHARGING ORDER TO SHOW CAUSE; GRANTING THIRD-PARTY COMPLAINANT'S MOTION FOR LEAVE TO FILE SECOND AMENDED THIRD-PARTY COMPLAINT; DENYING AS MOOT THIRD-PARTY COMPLAINANT'S APPLICATION FOR ORDER SHORTENING TIME. Intec shall file a SATC in accordance with the Court's orders no later than December 4, 2006. Signed by Judge Maxine M. Chesney on November 22, 2006. (mmclc1, COURT STAFF)
GPO Jan 12 2007
ORDER REGARDING STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE. The case management conference is continued from January 19, 2007 to February 2, 2007. Signed by Judge Maxine M. Chesney on January 12, 2007. (mmclc1, COURT STAFF)
GPO Jan 29 2007
ORDER GRANTING THIRD-PARTY DEFENDANT'S REQUEST TO EXCUSE LEAD COUNSEL FROM APPEARING AT CASE MANAGEMENT CONFERENCE. Gregory J. Thoming is permitted to appear in William O. Martin Jr.'s absence on behalf of APV at the case management conference. Signed by Judge Maxine M. Chesney on January 29, 2007. (mmclc1, COURT STAFF)
GPO Jan 31 2007
ORDER RE STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE. The case management conference is continued from February 2, 2007 to February 23, 2007. No further Joint Case Management Statement need be filed, unless circumstances have changed from those set forth in the parties' Joint Case Management Statement filed January 23, 2007. Signed by Judge Maxine M. Chesney on January 31, 2007. (mmclc1, COURT STAFF)
GPO Feb 21 2007
ORDER GRANTING THIRD-PARTY DEFENDANT'S REQUEST TO EXCUSE LEAD TRIAL COUNSEL FROM APPEARING AT CASE MANAGEMENT CONFERENCE. Gregory J. Thoming, co-trial counsel, shall appear on behalf of APV at February 23, 2007 case management conference. Signed by Judge Maxine M. Chesney on February 21, 2007. (mmclc1, COURT STAFF) (Filed on 2/21/2007)
GPO Apr 13 2007
ORDER REGARDING STIPULATION TO CONTINUE FURTHER CASE MANAGEMENT CONFERENCE. The conference is continued from April 20, 2007 to May 18, 2007. Signed by Judge Maxine M. Chesney on April 13, 2007. (mmclc1, COURT STAFF) (Filed on 4/13/2007)
GPO May 14 2007
ORDER RE STIPULATION AND REQUEST TO FURTHER CASE MANAGEMENT CONFERENCE. The case management conference is continued from May 18, 2007 to June 29, 2007. Signed by Judge Maxine M. Chesney on May 14, 2007. (mmclc1, COURT STAFF) (Filed on 5/14/2007)
GPO Jun 26 2007
ORDER REGARDING STIPULATION TO CONTINUE FURTHER CASE MANAGEMENT CONFERENCE. The conference is continued from June 29, 2007 to August 3, 2007. Signed by Judge Maxine M. Chesney on June 26, 2007. (mmclc1, COURT STAFF) (Filed on 6/26/2007)


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