Terbush, et al v. USA

Filing 118

STIPULATION to File Complete Expert Dr. Sitar Report; ORDER signed by Judge Sandra M. Snyder on 7/8/2009. (Herman, H)

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LAWRENCE G. BROWN Acting United States Attorney KELLI L. TAYLOR Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: [phone] Attorneys for the United States of America

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

STANLI MAE THROCKMORTON TERBUSH; JAMES W. TERBUSH, Heirs at law and successor in interest; PETER JAMES TERBUSH, Decedent, Plaintiff(s), v. UNITED STATES OF AMERICA,

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CASE NO. 1:02-cv-05509-SMS

STIPULATION TO FILE COMPLETE EXPERT Dr. SITAR REPORT: ORDER

ALL PARTIES, BY AND THROUGH THEIR ATTORNEYS OF RECORD, HEREBY STIPULATE AND AGREE AS FOLLOWS: The United States timely filed its expert reports on July 1, 2009 in compliance with this Court's scheduling orders dated October 3, 2008 and March 4, 2009. (Court Docket ("CD") # 91, 100). Exhibit 3 to the expert disclosures was a 20 page report of Dr. Nicholas Sitar (CD #108). It was just discovered that the top portion of three of the pages on Dr. Sitars report were cut off in the filing process and thus partial paragraphs of text are missing from those three pages (see CD# 108, p. 7, 9, and 10 of 20). The parties hereby stipulate that the attached report of Dr. Sitar can be filed and replace Exhibit 3, CD #108, pages 1-20 only. No other changes are made to the United States' expert disclosure.

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IT IS SO STIPULATED. LAWRENCE G. BROWN Acting United States Attorney Date: July 2, 2009 /s/ Kelli L. Taylor By: Kelli L. Taylor Assistant United States Attorney Counsel for the United States

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/s/ Dugan Barr By: Dugan Barr Barr & Mudford Counsel for Plaintiff ORDER

11 Pursuant to the parties' stipulation and good cause appearing, the Court hereby orders that the 12 report of Dr. Sitar filed on July 1, 2009, which was missing portions of text on three pages (CD# 108, p. 13 7, 9, and 10 of 20) is hereby replaced with the Dr. Sitar report that is attached to the parties stipulated 14 agreement. 15 IT IS SO ORDERED. 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Dated: icido3 July 8, 2009 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE