Holmes, et al., v. Home Depot USA, Inc. et al.,

Filing 189

AMENDED STIPULATION to Change Defendant DAPCO Industries' Expert Disclosure Date; ORDER, signed by Judge Sandra M. Snyder on 4/27/2009. (Herman, H)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STEVEN H. GURNEE, ESQ. SB# 66056 TOBY M. MAGARIAN, ESQ. SB# 132907 ELLEN C. ARABIAN-LEE, ESQ. SB# 151615 GURNEE & DANIELS LLP 2240 Douglas Boulevard, Suite 150 Roseville, California 95661-3805 Telephone (916) 797-3100 Facsimile (916) 797-3131 Attorneys for Defendant DAPCO INDUSTRIES UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ALICE HOLMES and VERNON HOLMES ) ) Plaintiffs, ) ) vs. ) ) HOME DEPOT USA, INC.; MTD ) PRODUCTS, INC.; BRIGGS & STRATTON ) CORPORATION; WALBRO ) CORPORATION, and DOES 1 through 50, ) inclusive, ) ) Defendants. ) ______________________________________ ) Case No. 1:06-cv-01527-SMS AMENDED STIPULATION TO CHANGE DEFENDANT DAPCO INDUSTRIES' EXPERT DISCLOSURE DATE ORDER This Stipulation is entered into by and between plaintiffs ALICE HOLMES and VERNON HOLMES and defendants DAPCO INDUSTRIES ("DAPCO"); MTD CONSUMER GROUP, INC.; BRIGGS & STRATTON CORPORATION; and WALBRO ENGINE MANAGEMENT LLC (sued herein as Walbro Corporation) (collectively referred to as "Parties"). The Court previously set Defendants' expert disclosure deadline for 4/24/09 as per a Minute Order of 3/4/09. The Parties have conferred and in light of the pending Motion to Dismiss and Motion for Leave to Amend have agreed to extend the date of defendant DAPCO INDUSTRIES' expert disclosure for thirty (30) days. 1 STIPULATION TO CHANGE DEFENDANT DAPCO' S EXPERT DISCLOSURE DATE PDF created with pdfFactory trial version www.pdffactory.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1. This Stipulation is necessary because due to the pending motion to dismiss defendant DAPCO's expert has not completed his analysis and expert report, which is required for the expert disclosure. DAPCO's counsel anticipated that DAPCO would be dismissed from this case prior to the need to retain an expert. Therefore, DAPCO only recently retained an expert and this expert will require additional time to complete his analysis and report. In order for DAPCO Industries to have a meaningful exchange of experts, DAPCO will need an additional thirty (30) days to disclose its expert witnesses. This extension does not affect the other dates set forth in the Court's Scheduling Order. This Stipulation may be signed by the attorneys in counterpart, and with electronic, original, photocopy or facsimile signatures. DATED: __4/22/09___ GURNEE & DANIELS LLP By: /s/ Toby M. Magarian STEVEN H. GURNEE TOBY M. MAGARIAN Attorneys for Defendant DAPCO Industries ______ DATED: _4/22/09____ OREN & PABOOJIAN By: ___/s/ Warren R. Paboojian __ WARREN R. PABOOJIAN, Attorney for Plaintiffs Alice Holmes & Vernon Holmes DATED: __4/22/09___ PANISH SHEA & O'BOYLE By: __/s/ Brian Panish 2 ______________ STIPULATION TO CHANGE DEFENDANT DAPCO' S EXPERT DISCLOSURE DATE PDF created with pdfFactory trial version www.pdffactory.com 1 2 DATED: __4/22/09____ 3 4 5 6 DATED: __4/22/09___ 7 8 9 10 DATED: __4/22/09 ___ 11 12 13 14 15 16 17 18 19 20 21 IT IS SO ORDERED. 22 23 DATED: 4/27/2009 24 25 3 DATED: __4/22/09 ___ BRIAN PANISH, Attorney for Plaintiff Alice Holmes HALL LAW CORPORATION By: ___/s/ Larry C. Hall ____________ LARRY C. HALL, Attorney for Plaintiff Alice Holmes PORTER SCOTT WEIBERG, et. al. By: __/s/ Anthony S. Warburg ________ ANTHONY S. WARBURG, Attorney for Defendants MTD Consumer Group, Inc. DRYDEN, MARGOLES, SCHIMANECK & WETZ By: __/s/ Lawrence Margoles _________ LAWRENCE MARGOLES, Attorney for Defendant Briggs & Stratton Corporation McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH By: ___/s/ Mark B. Busick ___________ MARK B. BUSICK, Attorney for Defendant, Walbro Corp. /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE. STIPULATION TO CHANGE DEFENDANT DAPCO' S EXPERT DISCLOSURE DATE PDF created with pdfFactory trial version www.pdffactory.com

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