United States of America v. North Kern Machinery, Inc et al

Filing 14

STIPULATION and ORDER Modifying Case Schedule, signed by District Judge Lawrence J. O'Neill on 6/14/2010. Non-Expert Discovery due by 8/20/2010. Expert Disclosure due by 9/10/2010. Supplemental Expert Disclosure due by 10 /1/2010. Expert Discovery due by 11/5/2010. Dispositive Motions filed by 11/5/2010. Non-Dispositive Motions filed by 11/5/2010. Pretrial Conference RESET for 12/13/2010 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. Jury Trial RESET for 1/24/2011 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill . (Jessen, A)

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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 12 UNITED STATES OF AMERICA, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) Plaintiff, ) ) v. ) ) NORTH KERN MACHINERY, INC., ) d/b/a NORTH KERN MACHINERY, ) NORTH KERN MACHINERY COMPANY,) SOUTH KERN MACHINERY COMPANY,) SOUTH KERN MACHINERY, INC., ) and KERN MACHINERY, INC. ) ) ) Defendants. ) _____________________________) Case: 1:09-cv-01136 LJO JLT STIPULATION AND ORDER REGARDING CASE SCHEDULE IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Plaintiff United States of America ("United States"), and Defendants Kern Machinery, Inc., et al,("Defendants") respectfully submit this stipulation regarding the case schedule. While the parties have been diligent in their efforts to complete discovery, the parties respectfully request a continuance of the discovery and related deadlines based on the following: 1. In this action, Plaintiff seeks recovery of the costs

incurred in suppressing a fire in the Sequoia National Forest.

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Plaintiff

alleges

that

the

fire

originated

in

the

engine

compartment of a John Deere excavator while under the control of employees of Defendant KERN MACHINERY. liability. Defendant denies any

This case is complicated to a degree by the fact that The

Defendant did not own the John Deere excavator at issue.

original owner of the excavator abandoned the tractor on forest lands, and Defendant was hired by a third party, Agricredit, to retrieve the excavator subject to a lien. 2. Plaintiff had difficulty locating and scheduling the

deposition of the Agricredit representative who hired Defendant. The Agricredit representative, Brandy Brandberry, left Agricredit's employment prior to this action and suffers from a disability that required some accommodation. However, Mr. Brandberry's deposition At the deposition, Mr.

was finally completed in mid-May 2010.

Brandberry testified concerning several matters that now require significant follow-up discovery and investigation: A. Mr. Brandberry testified that he generated documents

and diary notes concerning the excavator at issue. These documents are in the possession of Agricredit. Plaintiff has subpoenaed

these documents, but they are not due to be produced until later this month, and Plaintiff anticipates that the information in the records may necessitate further discovery. B. Mr. Brandberry testified concerning the substance of

conversations that he had with a Forest Service employee (Mr. Payne) prior to the fire. Defendant has requested that Plaintiff

produce Mr. Payne for his deposition, but he has since retired from the Forest Service, and Plaintiff is experiencing some difficulties in locating him.

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C.

Mr. Brandberry testified concerning the substance of

conversations he had with an employee of Defendant (Mr. Beggs) prior to and after the fire. Plaintiff has requested that

Defendant produce Mr. Beggs for his deposition. However, Mr. Beggs resides in a remote town in eastern Oregon, and the parties are working to arrange Mr. Beggs' travel to Fresno for his deposition. D. Mr. Brandberry testified concerning the likely

whereabouts of the original owner of the excavator (Mr. Geaney), and Defendant is following up on this lead to locate and depose this witness. Based on the foregoing, the parties jointly request that the case schedule be modified as follows: Old Dates Proposed New Dates 08/20/10 09/10/10 10/01/10 11/05/10 11/05/10 11/05/10 12/13/10 01/24/11

Non-Expert Discovery Expert disclosure: Supplemental Expert disclosure: Expert discovery: Non-Dispositive motion filing deadline: Dispositive motion filing deadline: Pre-Trial Conference: Trial: /// /// /// /// ///

06/18/10 06/16/10 07/8/10 08/13/10 08/13/10 08/13/10 09/27/10 11/15/10

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1 2 Dated: June 14, 2010 3 4 5 6 7 Dated: June 14, 2010 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By:

Respectfully submitted, BENJAMIN B. WAGNER United States Attorney /s/ Glen F. Dorgan GLEN F. DORGAN Assistant United States Attorney Attorney for Plaintiff

LAW OFFICES OF WILD, CARTER & TIPTON /s/ Robert G. Eliason ROBERT G. ELIASON Attorney for Defendants

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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, CA 93721 Telephone: [phone] Facsimile: [phone] Attorneys for the Plaintiff United States of America

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, ) ) ) Plaintiff, ) ) v. ) ) NORTH KERN MACHINERY, INC., ) d/b/a NORTH KERN MACHINERY, ) NORTH KERN MACHINERY COMPANY, ) SOUTH KERN MACHINERY COMPANY, ) SOUTH KERN MACHINERY, INC., ) and KERN MACHINERY, INC. ) ) ) Defendants. ) ) ______________________________) CASE NO: 1:09-cv-01136 LJO JLT ORDER REGARDING CASE SCHEDULE

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Based upon the stipulation of the parties, and good cause appearing therefore, IT IS HEREBY ORDERED that the case schedule is modified as follows: Old Dates Non-Expert Discovery Expert disclosure: Supplemental Expert disclosure: Expert discovery: 06/18/10 06/16/10 07/8/10 08/13/10 New Dates 08/20/10 09/10/10 10/01/10 11/05/10

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Non-Dispositive motion filing deadline: Dispositive motion filing deadline: Pre-Trial Conference:

08/13/10 08/13/10 09/27/10

11/05/10 11/05/10 12/13/10 at 8:30 a.m., Ctrm. 4 (LJO) 01/24/11 at 8:30 a.m., Ctrm. 4 (LJO)

Trial:

11/15/10

IT IS SO ORDERED. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: b9ed48 June 14, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

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