Coalition for a Sustainable Delta et al v. Carlson et al

Filing 112

STIPULATION and ORDER Re: Admissibility of Expert Reports, signed by Judge Oliver W. Wanger on 1/29/2010. (Gaumnitz, R)

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 26 27 28

Edmund G. Brown Jr., STATE BAR NO. 37100 ATTORNEY GENERAL OF CALIFORNIA Deborah A. Wordham, STATE BAR NO. 180508 DEPUTY ATTORNEY GENERAL Daniel Fuchs, STATE BAR NO. 179033 DEPUTY ATTORNEY GENERAL Clifford T. Lee, STATE BAR NO. 74687 DEPUTY ATTORNEY GENERAL 455 GOLDEN GATE AVENUE, SUITE 11000 SAN FRANCISCO, CA 94102-7004 TELEPHONE: [phone] FAX: [phone] E-MAIL: [e-mail] ATTORNEYS FOR JOHN MCCAMMON, DIRECTOR, CALIFORNIA DEPARTMENT OF FISH & GAME IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

COALITION FOR A SUSTAINABLE DELTA, BELRIDGE WATER STORAGE DISTRICT, BERRENDA MESA WATER DISTRICT, LOST HILLS WATER DISTRICT, WHEELER RIDGEMARICOPA WATER STORAGE DISTRICT, AND DEE DILLON, PLAINTIFFS,
V.

1:08-CV-00397-OWW-GSA (RELATED TO CASE NOS. 1:05-CV-022-GSA AND 1:06-CV-00245-OWWA-GSA) STIPULATION AND ORDER RE ADMISSIBILITY OF EXPERT REPORTS

JOHN MCCAMMAN, DIRECTOR, CALIFORNIA DEPARTMENT OF FISH AND GAME, DEFENDANT, CENTRAL DELTA WATER AGENCY, ET
AL.

DEFENDANT-INTERVENORS, CALIFORNIA SPORTFISHING PROTECTION ALLIANCE, ET AL., DEFENDANT-INTERVENORS.

1
STIPULATION RE ADMISSIBILITIES OF EXPERT REPORTS (1:08-CV-00397-OWW-GSA)

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 26 27 28

All parties to this action hereby stipulate and agree as follows: A. Whereas much of the evidence in this case will consist of expert testimony; B. Whereas the parties have designated a total of 5 expert witnesses, and they have exchanged reports prepared by their experts in accordance with FRCP 26(a)(2); and C. Whereas the parties desire to expedite the trial and facilitate the efficient presentation of evidence. Now, therefore, the parties agree as follows: 1. All of the expert reports that were previously exchanged by the parties in October and November 2009 shall be admissible at trial as part of the direct examination of the expert who authored the report, and in support of or opposition to any motions. No expert reports shall be admissible at trial for any expert that does not actually testify at trial. 2. The parties waive all objections to the admissibility of the opinions, supporting data, and conclusions in these reports based on the hearsay rule. However, no party waives any other objections or arguments regarding any expert's reports and supporting data, including but not limited to objections regarding relevancy, competency, methods, and opinions, and the weight, if any, to be given to them. 3. The direct and cross-examination of these experts at trial shall not be limited to their expert reports and may be supplemented by additional testimony and documentary evidence, consistent with the requirements of FRCP 26(a)(2) and the Federal Rules of Evidence. /// /// /// /// /// /// /// /// 2
STIPULATION RE ADMISSIBILITIES OF EXPERT REPORTS (1:08-CV-00397-OWW-GSA)

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 26 27 28

DATED: JANUARY 28, 2010

Edmund G. Brown Jr. Attorney General of California Clifford T. Lee Deborah A. Wordham Daniel M. Fuchs Deputy Attorneys General

By___/s/ Clifford T. Lee__________ CLIFFORD T. LEE DEPUTY ATTORNEY GENERAL Attorneys for Defendant John McCamman, Director of the California Department of Fish and Game DATED: JANUARY 28, 2010 NOSSAMAN LLP ROBERT D. THORNTON PAUL S. WEILAND HENRY S. WEINSTOCK BENJAMIN Z. RUBIN BY __/s/ Henry S. Weinstock____ HENRY S. WEINSTOCK Attorneys for Plaintiffs Coalition for a Sustainable Delta, et al.

DATED: JANUARY 28, 2010

NOMELLINI, GRILLI & McDANIEL PROFESSIONAL LAW CORPORATION

By ____/s/ Daniel A. McDaniel___ DANIEL A. McDANIEL Attorneys for Defendants in Intervention Central Delta Water Agency, et al.

3
STIPULATION RE ADMISSIBILITIES OF EXPERT REPORTS (1:08-CV-00397-OWW-GSA)

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 26 27 28

DATED: JANUARY 28, 2010

MICHAEL B. JACKSON

BY

_/s/ Michael B. Jackson_______

MICHAEL B. JACKSON Attorneys for Defendants in Intervention California Sportfishing Protection Alliance, et al.

ORDER

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

DATE: JANUARY 29, 2010

/S/ OLIVER W. WANGER UNITED STATES SENIOR DISTRICT JUDGE

4
STIPULATION RE ADMISSIBILITIES OF EXPERT REPORTS (1:08-CV-00397-OWW-GSA)

PDF created with pdfFactory trial version www.pdffactory.com