Rodrigo Flores v. Merced Irrigation District et al

Filing 34

JOINT STIPULATION AND ORDER for Extension of Defendants Supplemental/Rebuttal Expert Disclosure Deadline, Signed by Magistrate Judge Dennis L. Beck on 8/12/2010. (Arellano, S.)

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Daley & Heft, LLP Attorneys at Law Neal S. Meyers, Esq. (SBN 109625) Golnar J. Fozi, Esq. (SBN 167674) Matthew T. Racine, Esq. (SBN 256865) Athena B. Troy, Esq. (SBN 260092) 462 Stevens Avenue, Suite 201 Solana Beach, CA 92075 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] [e-mail] [e-mail] [e-mail] Attorneys for Defendants Merced Irrigation District; Dan Pope, and Robert Blum UNITED STATES DISTRICT COURT EASTERN DISTRICT, FRESNO DIVISION RODRIGO FLORES, ) ) Plaintiff, ) ) v. ) ) MERCED IRRIGATION DISTRICT, a ) public entity, DAN POPE, and ROBERT ) BLUM, ) ) Defendants. ) ___________________________________ ) Case No. 1:09-CV-01529-LJO-DLB JOINT STIPULATION FOR EXTENSION OF DEFENDANTS SUPPLEMENTAL/REBUTTAL EXPERT DISCLOSURE DEADLINE JUDGE: Lawrence J. O'Neill COURTROOM: 9 MAGISTRATE: Dennis L. Beck

Rodrigo Flores ("plaintiff"), Merced Irrigation District, Robert Blum, and Dan Pope (collectively "defendants"), by and through their respective attorneys of record, hereby stipulate to and request the Court enter a revised Scheduling Order, revising the Scheduling Order entered by this court on December 23, 2009 (See Order attached as Exhibit A), and modified by this court on March 23, 2010 (See Order attached as Exhibit B), and on July 13, 2010 (See Order attached as Exhibit C) in order to extend the deadline for defendants, and only defendants, to disclose supplemental/rebuttal experts from August 20, 2010 to August 27, 2010. Good cause exists to extend the deadline for defendants to disclose supplemental/rebuttal experts in light of the following:
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On March 23, 2010 this court ordered the parties to complete their first expert witness disclosures on or before July 20, 2010. (Exhibit B)

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This court's previous December 23, 2009 order directed the parties to make written designation of experts in accordance with the provisions of Fed. R. Civ. P. Rule 26(a)(2)(A) and (B) and to include all information required thereunder.

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On July 20, 2010, defendants served plaintiff with their initial disclosure of expert witnesses pursuant to Fed. R. Civ. P. Rule 26(a)(2)(A) and (B).

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On July 20, 2010, plaintiff served defendants with an initial disclosure of expert witnesses which failed to include all information required under Fed. R. Civ. P. Rule 26(a)(2)(A). Specifically, plaintiff's disclosure for experts Dr. Phil Allman, and Professor James M. Schmidke failed to include the expert's written reports. The information provided in plaintiff's expert witness disclosure included the experts' names, qualifications, experiences, expected testimony, and location.

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Plaintiff did not provide counsel for defendants with complete reports of Dr. Phil Allman, and Professor James M. Schmidke until July 27, 2010.

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The parties have agreed that, in the interests of fairness to defendants, defendants should be allowed an additional week to make their supplemental/rebuttal expert disclosures in order to allow defendant's adequate time to identify rebuttal experts and prepare rebuttal expert reports.

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This Stipulation shall not affect the parties' right to file a motion determining the validity of either parties' disclosed experts.

Dated: August 12, 2010

Murray & Associates By: /s/ Lawrence D. Murray Lawrence D. Murray Attorney for Plaintiff Rodrigo Flores [e-mail]

Dated: August 12, 2010

Daley & Heft, LLP By: /s/ Athena B. Troy Neal S. Meyers Golnar J. Fozi Matthew T. Racine Athena B. Troy Attorneys for Defendants Merced Irrigation District; Dan Pope, and Robert Blum E-mail: [e-mail] [e-mail] [e-mail] [e-mail] ORDER ON STIPULATION FOR ORDER

The court having reviewed the moving papers and good cause appearing, IT IS ORDERED that deadline for defendants, and only defendants, to disclose supplemental/ rebuttal experts is extended from August 20, 2010 to August 27, 2010. All other deadlines shall remain as previously ordered. IT IS SO ORDERED. Dated: 3b142a

August 12, 2010

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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