City of Fresno v. Boeing Company, et al.

Filing 190

STIPULATION and ORDER For Modification of Court's Amended Scheduling Conference Order Dated October 2, 2009, signed by Judge Oliver W. Wanger on 12/28/2009. (Dr. Minears designation and service of his initial report due 1/15/2010, Dr. Minears re buttal/supplemental report and any rebuttal to Dr. Minears initial report by Plaintiff City of Fresno or the UnitedStates Defendants if any due 2/5/2010.) All of the other deadlines set forth in the Courts Amended Scheduling Conference Order of 10/2/2009 remain unchanged.(Gaumnitz, R)

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FRANCIS M. GOLDSBERRY II, SBN: 63737 FRANCIS M. GOLDSBERRY III, SBN: 178739 GOLDSBERRY, FREEMAN & GUZMAN, LLP 777 12th Street, Suite 250 Sacramento, CA 95814 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant THE BOEING COMPANY

UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 THE CITY OF FRESNO, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, this Court entered an Amended Scheduling Conference Order in this action on October 2, 2009 requiring the initial disclosure of experts on December 30, 2009 and supplemental or rebuttal designations of experts on or before January 29, 2010. WHEREAS, Defendant The Boeing Company (Boeing) has retained Roger A. Minear, Ph.D. of Sedona, Arizona, as an expert witness in this matter. WHEREAS, Dr. Minear underwent heart by-pass surgery on December 8, 2009 and his recovery from this surgery prevents him from completing his initial report in this matter by the December 30, 2009 deadline. WHEREAS, a modification of the Amended Scheduling Conference Order entered on October 2, 2007 is necessary to allow Dr. Minear's continued participation in this matter and all of
S tip u la tio n & Order to Modify 10/02/09 S c h e d u lin g Conference Order

) ) Plaintiff, ) ) v. ) ) UNITED STATES OF AMERICA; UNITED, ) STATES ARMY CORPS OF ENGINEERS; ) NATIONAL GUARD BUREAU; THE ) BOEING COMPANY, ) ) Defendants. ) ______________________________________ )

No.: 1:06-cv-01559-OWW-GSA STIPULATION AND ORDER FOR MODIFICATION OF COURT'S AMENDED SCHEDULING CONFERENCE ORDER DATED OCTOBER 2, 2009

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the parties to this action consent to this modification. STIPULATION IT IS HEREBY STIPULATED by and among the Plaintiff and Defendants, through their undersigned counsel, with the consent of the Court, as provided below, as follows: 1. Dr. Minear's designation and service of his initial report shall occur on or before

January 15, 2010. 2. Dr. Minear's rebuttal/supplemental report, if any, shall be served on or before

February 5, 2010. 3. Any rebuttal to Dr. Minear's initial report by Plaintiff City of Fresno or the United

States' Defendants shall be served on or before February 5, 2010. 4. All of the other deadlines set forth in the Court's Amended Scheduling Conference

Order of October 2, 2009 shall remain unchanged. DATED: December 28, 2009 SNELL & WILMER, LLP

By: /s/ Lisa A. Decker [as authorized LISA A. DECKER Attorneys for Plaintiff THE CITY OF FRESNO DATED: December 28, 2009 THE UNITED STATES OF AMERICA

]

By: /s/ C. Scott Spear [as authorized ] C. SCOTT SPEAR Attorney for Defendants THE UNITED STATES OF AMERICA UNITED STATES ARMY CORPS OF ENGINEERS, NATIONAL GUARD BUREAU DATED: December 28, 2009 GOLDSBERRY, FREEMAN & GUZMAN, LLP

By: /s/ Francis M. Goldsberry II FRANCIS M. GOLDSBERRY II FRANCIS M. GOLDSBERRY III Attorneys for Defendant THE BOEING COMPANY
S tip u la tio n & Order to Modify 10/02/09 S c h e d u lin g Conference Order

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IT IS SO ORDERED. Dated: December 28, 2009 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

S tip u la tio n & Order to Modify 10/02/09 S c h e d u lin g Conference Order

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