USA v. Timberline Environmental Services et al

Filing 32

STIPULATION and ORDER Regarding Case Schedule, signed by Judge Oliver W. Wanger on 6/25/2010. (Supplemental Expert Disclosure due by 7/23/2010 and Expert Discovery die by 8/20/2010.) (Gaumnitz, R)

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BENJAMIN B. WAGNER United States Attorney GLEN F. DORGAN Assistant United States Attorney United States Courthouse 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff, UNITED STATES OF AMERICA

7 8 9 10 11 UNITED STATES OF AMERICA, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff United States of America ("United States"), and Defendants Timberline Environmental Services, Terry Northcutt and Jill Northcutt ("Defendants") respectfully submit this stipulation regarding the case schedule. The reason for the requested continuance is as follows: 1. The defendants were prepared to designate an expert on ) ) ) Plaintiff, ) ) v. ) ) TIMBERLINE ENVIRONMENTAL ) SERVICES, TERRY NORTHCUTT AND) JILL NORTHCUTT, ) ) ) Defendants. ) ) _____________________________) Case No.: 1:09-cv-0820 OWW-SKO STIPULATION AND ORDER REGARDING CASE SCHEDULE IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

issues including standard of care, but their expert suffered a serious leg injury shortly before the designation deadline that required hospitalization and has rendered him unavailable.
1 _________________________________________________________________ S T I P U L A T I O N AND ORDER REGARDING CASE SCHEDULE

The

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defendants have retained a substitute expert witness who is in the process of completing his evaluation and report; and 2. Upon receipt of the expert report from Defendants on

the issue of the standard of care, Plaintiff intends to retain and designate a rebuttal expert. Because the parties have

conferred informally regarding the anticipated scope of expert testimony on the standard of care, Plaintiff has already started the process of retaining a rebuttal witness. However,

Plaintiff's witness will be unavailable until after the July 4 holiday to begin his evaluation. Accordingly, the parties jointly request that the case schedule be modified as follows: Old Dates Supplemental Expert disclosure: Expert discovery: 6/25/10 7/16/10 New Dates 7/23/10 8/20/10

The Non-Dispositive motion filing deadline of July 16, 2010, Settlement Conference of August 19, 2010, the Pre-trial Conference of August 30, 2010, and the Trial date of October 5, 2010, will remain the same. Respectfully submitted, Dated: June 24, 2010 BENJAMIN B. WAGNER United States Attorney By: /s/Glen F. Dorgan GLEN F. DORGAN

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2 _________________________________________________________________ S T I P U L A T I O N AND ORDER REGARDING CASE SCHEDULE

Dated: June 24, 2010

LAW OFFICES OF NISSON, PINCIN & HILL /s/ Timothy Nisson TIMOTHY NISSON Attorneys for Defendants

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BENJAMIN B. WAGNER United States Attorney GLEN F. DORGAN Assistant United States Attorney United States Courthouse, Suite 4401 2500 Tulare Street Fresno, CA 93721 Telephone: [phone] Facsimile: [phone] Attorneys for the Plaintiff United States of America

IN THE UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 12 13 14 15 16 17 18 19 20 Based 21 appearing therefore, IT IS HEREBY ORDERED that the case schedule 22 is modified as follows: 23 Old Dates 24 Supplemental Expert disclosure: 25 Expert discovery: 26 27 28 The Non-Dispositive Motion Filing Deadline, Settlement Conference of August 19, 2010, the Pre-trial Conference of
3 _________________________________________________________________ S T I P U L A T I O N AND ORDER REGARDING CASE SCHEDULE

UNITED STATES OF AMERICA,

) ) ) Plaintiff, ) ) v. ) ) TIMBERLINE ENVIRONMENTAL ) SERVICES, TERRY NORTHCUTT AND ) JILL NORTHCUTT, ) ) ) Defendants. ) ) ______________________________)

CASE NO: 1:09-cv-0820 OWW-SKO ORDER REGARDING CASE SCHEDULE

upon the stipulation of the parties, and good cause

New Dates 7/23/10 8/20/10

6/25/10 7/16/10

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August 30, 2010, and the Trial date of October 5, 2010, will remain the same.

IT IS SO ORDERED. Dated: June 25, 2010 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE