BNSF Railway Company v. San Joaquin Valley Railroad Company

Filing 76

STIPULATION for Motion to Amend Scheduling Order; ORDER - Expert disclosure by 1/18/2010; depose by 12/4/2009. Discovery due by 2/15/2010. Dispositive Motions and Non-Dispositive Motions due by 3/8/2010. signed by Judge Sandra M. Snyder on 10/19/2009. (Herman, H)

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Briggs and Morgan, P.A. Timothy R. Thornton, MN Bar No. 109630 (Admitted Pro Hac Vice) Paul J. Hemming, MN Bar No. 0346184 (Admitted Pro Hac Vice) 2200 IDS Center 80 South Eighth Street Minneapolis, MN 55402-2157 Telephone: [phone] Facsimile: [phone] Auchard & Stewart Paul Auchard, Bar No. 060474 2377 W. Shaw, Suite 106 Fresno, CA 93711-3438 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff BNSF Railway Company, a Delaware Corporation IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

BNSF Railway Company, a Delaware Corporation, Plaintiff, v. San Joaquin Valley Railroad Company, a California Corporation, et al., Defendants.

Case No. 1:08-CV-01086-AWI-SMS Case Type: Declaratory Judgment/Contract STIPULATION FOR MOTION TO AMEND SCHEDULING ORDER; ORDER

This Stipulated Joint Motion is brought on behalf of all parties. The parties hereby jointly move the Court to extend certain Scheduling Order deadlines as stated below. In support of their motion, the parties state: The original Scheduling Order provided only two weeks between expert disclosures and supplemental or rebuttal expert disclosures. The parties request additional time to review and analyze expert disclosures, depose designated experts and then name and depose any rebuttal experts.
STIPULATION FOR MOTION TO AMEND SCHEDULING ORDER

BRIGGS AND MORGAN, P.A.
ATTORNEYS AT L A W M I NNEAPOLI S

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Pursuant to the parties' agreement to schedule expert witness depositions for the week of November 30, 2009, the parties hereby agree, subject to the Court's approval, to the following amended scheduling order deadlines. 1. The supplemental or rebuttal expert disclosure deadline shall be amended from a

deadline of October 13, 2009 to January 18, 2010. 2. The last day to depose either of the two originally-designated expert witnesses

shall be December 4, 2009. 3. The last day to depose or take any other discovery from a designated supplemental

or rebuttal expert witness shall be February 15, 2010. 4. The Non-Dispositive and Dispositive Motion filing deadline shall be extended

from a deadline of January 8, 2010 to a deadline of March 8, 2010. 5. Nothing herein shall extend the November 30, 2009 factual discovery deadline for

discovery between the parties. BNSF reserves the right to seek an extension of that deadline. 6. The settlement conference date of December 8, 2009; the pre-trial conference date

of March 26, 2010; and the trial date of May 11, 2010 shall remain in effect. Dated: October 16, 2009 Briggs and Morgan, P.A.

By: s/Paul J. Hemming Timothy R. Thornton Paul J. Hemming Attorneys for Plaintiff BNSF Railway Company, a Delaware Corporation Dated: October 16, 2009 Hicks | Park LLP

By: s/ James B. Hicks James B. Hicks Attorneys for Defendants and Counterclaimant

BRIGGS AND MORGAN, P.A.
ATTORNEYS AT L A W M I NNEAPOLI S

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STIPULATION FOR MOTION TO AMEND SCHEDULING ORDER

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ORDER Pursuant to the parties' agreement, the Court hereby amends following scheduling order deadlines. 1. The supplemental or rebuttal expert disclosure deadline is amended from a

deadline of October 13, 2009 to January 18, 2010. 2. The last day to depose either of the two originally-designated expert witnesses

shall be December 4, 2009. 3. The last day to depose or take any other discovery from a designated supplemental

or rebuttal expert witness shall be February 15, 2010. 4. The Non-Dispositive and Dispositive Motion filing deadline is extended from a

deadline of January 8, 2010 to a deadline of March 8, 2010. 5. Nothing herein shall extend the November 30, 2009 factual discovery deadline for

discovery between the parties. 6. The settlement conference date of December 8, 2009; the pre-trial conference date

of March 26, 2010; and the trial date of May 11, 2010 shall remain in effect. Dated: October 19, 2009

/s/ Sandra M. Snyder United States Magistrate Judge

BRIGGS AND MORGAN, P.A.
ATTORNEYS AT L A W M I NNEAPOLI S

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STIPULATION FOR MOTION TO AMEND SCHEDULING ORDER

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