David Moreno Construction, Inc. v. Frontier Steel Buildings Corp.

Filing 99

STIPULATION and ORDER Thereon Re Extension of Time for Exchange of Expert Witness Information, signed by Judge Oliver W. Wanger on 8/3/2010. (The time to file initial Expert reports is extended to and through 8/19/2010.)(Gaumnitz, R)

David Moreno Construction, Inc. v. Frontier Steel Buildings Corp.

Doc. 99

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Russell D. Cook 094934 Neal D. Douglass 227976 LAW OFFICE OF RUSSELL D. COOK 1233 West Shaw Avenue, Suite 100 Fresno, California 93711 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff, Davis Moreno Construction, Inc., a California corporation.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA - FRESNO BRANCH ) ) ) ) ) ) ) ) ) ) ) Case #1:08-CV-00854-OWW-SMS Stipulation and Order Thereon Re Extension of Time for Exchange of Expert Witness Information

10 DAVIS MORENO CONSTRUCTION, INC., a California corporation, 11 Plaintiff, 12 v. 13 FRONTIER STEEL BUILDINGS CORP., a Colorado corporation, 14 Defendant(s). 15 16

Plaintiff, Davis Moreno Construction, Inc., and Defendant, Frontier Steel Buildings

17 Corp., by and through their counsel, respectfully submit the following Stipulation and Order 18 for the Court's Consideration: 19 The Court issued its Order Granting Defendant's Unopposed Motion for Extension

20 of Time to File Expert Reports (DOC 97) on June 23, 2010. Said Order extended the date 21 for submission of the required expert witness reports to the new date of August 5, 2010. 22 Since the time of the Court's Order, however, discovery has continued and

23 deposition testimonies have just recently been completed. As well, the parties have had 24 equally difficult times in obtaining initial expert witness reports responsive to all issues 25 relevant to the case. Therefore, it is difficult to have the reports and related documentation 26 filed with this Court on or before the current deadline of August 5, 2010. 27 The parties have agreed and stipulate, and do hereby request of the Court that an

28 extension of time by which to and including August 19, 2010, to file initial expert reports and
S t ip u la t io n and Order Thereon Re Extension of Time for Exchange o f Expert W it n e s s Information

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to reset subsequent expert deadlines accordingly. As Trial is currently scheduled for January, 2011, an additional extension of time for submission of expert reports will not impair the Court's original Scheduling Order.

LAW OFFICE OF RUSSELL D. COOK

Date: August 2, 2010

By: Russell D. Cook, Attorneys for Plaintiff DAVIS MORENO CONSTRUCTION, INC., a California corporation By: John A. Meininger, Attorney for Defendant, FRONTIER STEEL BUILDINGS CORP., a Colorado corporation

/s/ Russell D. Cook

10 Date: August 2, 2010 11 12 13 14 15

/s/ John A. Meininger

ORDER GRANTING EXTENSION OF TIME TO FILE EXPERT REPORTS Upon the parties joint submission of this Stipulation and their mutual request of this

16 Court for an Order extending the time by which to file initial Expert Witness reports, and as 17 discovery is continuing in the matter, and good cause having been shown, 18 It is hereby Ordered that the Stipulation is GRANTED and the time to file initial

19 Expert reports is extended to and through August 19, 2010. 20 21 Date: August 3, 2010 22 23
0703.19.Stip Re Extension for Expert Reports 7-29-2010.wpd

/s/ OLIVER W. WANGER________ UNITED STATES DISTRICT JUDGE

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S t ip u la t io n and Order Thereon Re Extension of Time for Exchange o f Expert W it n e s s Information

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