City of Merced Redevelopment Agency v. Exxon Mobil Corporation, et al

Filing 73

Order adopting stipulated dates from supplemental discovery, signed by Magistrate Judge Gary S. Austin on 10/29/2014. (Figueroa, O)

Duane C. Miller, #57812

1 Michael D. Axline, #229840
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(Exempt from filing fees
per Govt. Code, § 6103)

Tracey L. O’Reilly, #206230
Molly McGinley Han, #293211
MILLER & AXLINE
A Professional Corporation
1050 Fulton Avenue, Suite 100
Sacramento, CA 95825-4225
Telephone: [phone]
Facsimile: [phone]

6 Attorneys for Plaintiff
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City of Merced Redevelopment Agency

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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11 CITY OF MERCED

Case No. 1:08-cv-00714-LJO-GSA

REDEVELOPMENT AGENCY, and
12 MERCED DESIGNATED LOCAL
AUTHORITY, AS SUCCESSOR AGENCY
13 TO THE REDEVELOPMENT AGENCY
OF THE CITY OF MERCED

ORDER ADOPTING STIPULATED
DATES FOR SUPPLEMENTAL
DISCOVERY

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Plaintiff,

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Complaint Filed: April 7, 2008
Trial: June 16, 2015

v.
EXXON MOBIL CORPORATION;

17 EXXON CORPORATION; CHEVRON

(Doc. 72)

U.S.A., INC.; SHELL OIL COMPANY;

18 EQUILON ENTERPRISES LLC;

TESORO CORPORATION; TESORO

19 REFINING AND MARKETING

COMPANY and DOES 1 THROUGH 200,

20 inclusive,
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Defendants.

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SMRH:434485131.1

Order Re. Stipulated Dates for Supplemental Discovery

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Pursuant to Plaintiffs’ (City of Merced Redevelopment Agency and Merced

2 Designated Legal Authority) request for supplemental discovery, this Court’s
3 October 10, 2014 Scheduling Conference Order, and the telephonic conference held
4 on October 17, 2014, the parties propose the following stipulated schedule for
5 completion of limited supplemental discovery in this matter:1
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1.

No later than November 17, 2014, Plaintiffs shall produce all

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supplemental documents consistent with the scope of supplemental

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discovery permitted by the Court’s October 10, 2014 Scheduling

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Conference Order.

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2.

No later than December 1, 2014, Plaintiffs shall produce a

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supplemental expert report by Dave Norman consistent with the scope

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of supplemental discovery permitted by the Court’s October 10, 2014

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Scheduling Conference Order.

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3.

No later than December 17, 2014, Defendants shall provide a written

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report to Plaintiffs identifying a deadline by which Defendants would

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complete review of Plaintiffs’ supplemental documents and expert

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report (if not already completed); any additional documents or

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materials that Defendants contend need to be produced; and, if

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The Court’s October 10, 2010 Scheduling Conference Order states as follows:
The Court will permit supplemental discovery to be performed for the limited purpose of updating the
costs/damages for further remediation incurred by the RDA to address the Methyl Tertiary Butyl Ether
(“MTBE”) contamination at the R Street stations. This ruling does not include reopening all expert discovery.
Instead, Plaintiff may update the expert report of Mr. David Norman (Plaintiff’s expert), or other experts who
were previously retained. Defendant may use their previously retained experts to rebut any updated report.
Other documentation related to the costs and damages may also be propounded.

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Doc. 67.

-2SMRH:434485131.1

Order re. Stipulated Dates for Supplemental Discovery

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possible, a deadline for the production of Defendants’ rebuttal expert

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report(s) as well as dates for any depositions to be conducted.2

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4.

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Plaintiffs shall update any applicable discovery responses no later than
January 9, 2014.

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The Court hereby adopts the foregoing stipulated schedule for supplemental

8 discovery. The Court notes that the parties further agree (1) that Defendants reserve
9 the right to move to exclude any supplemental discovery responses from Plaintiffs
10 on all applicable grounds, including, without limitation, the lack of prior disclosure
11 or supplementation; and (2) that Plaintiffs reserve the right to oppose any such
12 motion on all applicable grounds.
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IT IS SO ORDERED.
Dated:

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October 29, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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If Defendants’ written report does not provide a deadline for the production of rebuttal experts reports and dates for
depositions to be conducted, the report shall specify a date certain by which a deadline for the production of rebuttal
expert reports and deposition dates will be ascertained and communicated to Plaintiffs in writing.

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-3SMRH:434485131.1

Order re. Stipulated Dates for Supplemental Discovery