Rodriguez v. County of Stanislaus, et al.

Filing 152

ORDER Re Stipulation Shortening Time to Hear Defendants National Railroad Passenger Corporation, BNSF Railway Company and State of California, Department of Transportation's Motion For Protective Order Limiting The Number of Plaintiff Lucio Corr al Rodriguez' Disclosed Experts and to Extend The Deadline For Expert Discovery signed by Magistrate Judge Gary S. Austin on 6/16/2010. Motion Hearing set for 7/2/2010 at 09:30 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin. (Esteves, C)

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LOMBARDI, LOPER & CONANT, LLP

B. CLYDE HUTCHINSON, State Bar No. 037526 [e-mail] VINCENT CASTILLO, State Bar No. 209298 [e-mail] JASON B. SHANE, State Bar No. 253908 [e-mail] LOMBARDI, LOPER & CONANT, LLP Lake Merritt Plaza 1999 Harrison Street, Suite 2600 Oakland, CA 94612-3541 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants NATIONAL RAILROAD PASSENGER CORPORATION (erroneously sued herein as AMTRAK CALIFORNIA), BNSF RAILWAY COMPANY (erroneously sued herein as BURLINGTON NORTHERN SANTA FE RAILWAY), and STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ­ FRESNO DIVISION

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Lake Merritt Plaza 1999 Harrison Street, Suite 2600 Oakland, CA 94612-3541

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LUCIO CORRAL RODRIGUEZ, individually and as Successor in Interest to the decedents, MARICRUZ CORRAL, IVAN ALEXANDER CORRAL, and LUCIO ANTHONY CORRAL, Plaintiffs, v. COUNTY OF STANISLAUS; CITY OF MODESTO; CITY OF RIVERBANK; STATE OF CALIFORNIA; AMTRAK CALIFORNIA; BURLINGTON NORTHERN SANTA FE RAILWAY; and DOES 1 to 200, Defendants. AND ALL RELATED ACTIONS.

Case No. 1:08-cv-00856 OWW GSA ORDER RE STIPULATION SHORTENING TIME TO HEAR DEFENDANTS NATIONAL RAILROAD PASSENGER CORPORATION, BNSF RAILWAY COMPANY AND STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION'S MOTION FOR PROTECTIVE ORDER LIMITING THE NUMBER OF PLAINTIFF LUCIO CORRAL RODRIGUEZ' DISCLOSED EXPERTS AND TO EXTEND THE DEADLINE FOR EXPERT DISCOVERY

IT IS HEREBY STIPULATED by and between all parties, by and through their counsel of record, that Defendants National Railroad Passenger Corporation, BNSF Railway Company 13249-36853 JBS 585715.1 1 Case No. 1:08-cv-00856 OWW GSA
STIPULATION SHORTENING TIME TO HEAR MOTION FOR PROTECTIVE ORDER LIMITING THE NUMBER OF PLAINTIFF'S DISCLOSED EXPERTS AND TO EXTEND THE DEADLINE FOR EXPERT DISCOVERY; [PROPOSED] ORDER

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LOMBARDI, LOPER & CONANT, LLP

and State of California, Department of Transportation's Motion For Protective Order Limiting the Number of Plaintiff Lucio Corral Rodriguez' Disclosed Experts And To Extend The Deadline For Expert Discovery may be heard on shortened time pursuant to Local Rule 144(e). This stipulation is made because Defendants wish to limit the number of Plaintiff's disclosed experts prior to taking their depositions and the motion would be rendered moot if it is noticed pursuant to Local Rule 230(b) because the close of expert discovery is July 15, 2010. IT IS HEREBY FURTHER STIPULATED that the nonmoving parties will have at least seven (7) calendar days to file any opposition to the Motion for Protective Order. IT IS HEREBY FURTHER STIPULATED that, in the interest of having the Motion for Protective Order heard at the Court's earliest convenience, Defendants National Railroad Passenger Corporation, BNSF Railway Company and State of California, Department of Transportation waive their right to file a written reply in support of the Motion but reserve their right to orally reply at the motion hearing to be set by the Court. Dated: June 16, 2010 CARCIONE, CATTERMOLE, ET AL.

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Lake Merritt Plaza 1999 Harrison Street, Suite 2600 Oakland, CA 94612-3541

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By:

/s/ Aaron B. Markowitz JOSEPH W. CARCIONE AARON B. MARKOWITZ Attorneys for Plaintiff LUCIO CORRAL RODRIGUEZ

Dated: June 16, 2010

MORENO, BECERRA & CASILLAS

By:

/s/ Danilo Becerra DANILO BECERRA Attorneys for Plaintiffs ATILANO ARMENTA LOPEZ, BRENDA FIGUEROA LOPEZ, JESUS VILLAREAL, AIDA LOPEZ VERDUGO, ROBERTO LOPEZ VALENZUELA, ROBERTO LOPEZ, ROSARIO VERDUGO, ARACELI ARMENTA LOPEZ, and JULIAN ARMENTA VALENZUELA

13249-36853 JBS 585715.1

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Case No. 1:08-cv-00856 OWW GSA

STIPULATION SHORTENING TIME TO HEAR MOTION FOR PROTECTIVE ORDER LIMITING THE NUMBER OF PLAINTIFF'S DISCLOSED EXPERTS AND TO EXTEND THE DEADLINE FOR EXPERT DISCOVERY; [PROPOSED] ORDER

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LOMBARDI, LOPER & CONANT, LLP

Dated: June 16, 2010

LOMBARDI, LOPER & CONANT, LLP

By:

/s/ Jason B. Shane B. CLYDE HUTCHINSON VINCENT CASTILLO JASON B. SHANE Attorneys for Defendants NATIONAL RAILROAD PASSENGER CORPORATION and BNSF RAILWAY COMPANY

Dated: June 16, 2010 By: /s/ Dan Farrar DAN FARRAR Attorneys for Defendant COUNTY OF STANISLAUS

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Lake Merritt Plaza 1999 Harrison Street, Suite 2600 Oakland, CA 94612-3541

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Dated: June 16, 2010 By: /s/ Richard Evans RICHARD EVANS Attorneys for Defendant CITY OF MODESTO

Dated: June 16, 2010

BORTON PETRINI, LLP

By:

/s/ Cornelius J. Callahan CORNELIUS J. CALLAHAN Attorneys for Defendant CITY OF RIVERBANK

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Case No. 1:08-cv-00856 OWW GSA

STIPULATION SHORTENING TIME TO HEAR MOTION FOR PROTECTIVE ORDER LIMITING THE NUMBER OF PLAINTIFF'S DISCLOSED EXPERTS AND TO EXTEND THE DEADLINE FOR EXPERT DISCOVERY; [PROPOSED] ORDER

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LOMBARDI, LOPER & CONANT, LLP

ORDER IT IS HEREBY ORDERED that, pursuant to the stipulation of the parties, Defendants National Railroad Passenger Corporation, BNSF Railway Company and State of California, Department of Transportation's Motion For Protective Order Limiting the Number of Plaintiff Lucio Corral Rodriguez' Disclosed Experts And Extending The Expert Deadline will be heard on shortened time. Any opposition to Defendants' motion (filed June 16, 2010 [Docs. 147-150]), must be filed on or before June 25, 2010. Defendants waived their right to file a written reply in support of the Motion, but retain the right to orally reply at the hearing. The Motion will be heard on July 2, 2010, at 9:30 a.m. in Department 10 of the aboveentitled court. All counsel for parties subject to the ruling on the motion shall appear in person; telephonic appearances will not be permitted. IT IS SO ORDERED. DATED: June 16, 2010 /s/ Gary S. Austin HON. GARY S. AUSTIN UNITED STATES MAGISTRATE JUDGE

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Lake Merritt Plaza 1999 Harrison Street, Suite 2600 Oakland, CA 94612-3541

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13249-36853 JBS 585715.1

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Case No. 1:08-cv-00856 OWW GSA

STIPULATION SHORTENING TIME TO HEAR MOTION FOR PROTECTIVE ORDER LIMITING THE NUMBER OF PLAINTIFF'S DISCLOSED EXPERTS AND TO EXTEND THE DEADLINE FOR EXPERT DISCOVERY; [PROPOSED] ORDER