Electronic Recyclers International Inc. v. Electronic Recyclers of America LLC. et al

Filing 35

SECOND STIPULATION and ORDER Extending Dates in Scheduling Conference Order for Initial and Supplemental Disclosures of Expert Witnesses signed by Magistrate Judge Gary S. Austin on 4/12/2011. (Bradley, A)

1
2
3
4
5
6
7

Timothy J. Buchanan, # 100409
Mandy L. Jeffcoach, # 232313
McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
P.O. Box 28912
5 River Park Place East
Fresno, CA 93720-1501
Telephone:
[phone]
Facsimile:
[phone]

(SPACE BELOW FOR FILING STAMP ONLY)

Attorneys for Defendants DLUBAK GLASS
COMPANY, INC. and DAVID A. DLUBAK and
Counterclaimant DLUBAK GLASS COMPANY, INC.

8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12
13

ELECTRONIC RECYCLERS
INTERNATIONAL, INC., a Delaware
Corporation, and ELECTRONIC
RECYCLERS OF AMERICA LLC, a
California Limited Liability Company,

14

Plaintiffs,

15

v.

16

Case No. 1:10-CV-00760-LJO-GSA

SECOND STIPULATION AND ORDER
EXTENDING DATES IN SCHEDULING
CONFERENCE ORDER FOR INITIAL
AND SUPPLEMENTAL DISCLOSURES
OF EXPERT WITNESSES

DLUBAK GLASS COMPANY, INC., a
Pennsylvania Corporation, DAVID A.
DLUBAK, an individual, and DOES 1
through 25, inclusive,,

17
18

Defendants.
19
Trial Date: October 31, 2011
20

DLUBAK GLASS COMPANY, INC. a
Pennsylvania Corporation,

21
Counterclaimant
22
23

ELECTRONIC RECYCLERS
INTERNATIONAL, INC., a Delaware
Corporation

24
25

Counterdefendant

26
27
28
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
5 R IVER PARK PLACE EAST
FRESNO, CA 93720-1501

[PROPOSED] STIPULATION EXTENDING DATES IN SCHEDULING CONFERENCE ORDER FOR INITIAL
AND SUPPLEMENTAL DISCLOSURES OF EXPERT WITNESSES

1
2

The parties to this action, through their attorneys of record, hereby recite and stipulate as
follows:

3

1.

This action was removed to this Court on or about April 29, 2010.

4

2.

On or about July 23, 2010, this Court entered its scheduling conference order for

5
6

this case. The order sets a trial date of October 31, 2011.
3.

On February 24, 2011, the parties jointly submitted, and the Court approved, a

7

stipulation modifying the Scheduling Order by extending the dates for initial and supplemental

8

disclosure of expert witnesses. The dates were moved from March 14, 2011 (initial) to April 15,

9

2011, and from April 1, 2011 (supplemental) to May 1, 2011.

10

4.

The parties have been diligently pursuing discovery in the past several months.

11

Various document production issues have arisen between the parties, some of which were

12

resolved by mutual agreement but which led to delay of production of various documents, and

13

some of which were resolved by a motion to compel filed by Dlubak Glass Company that was

14

heard and resolved by stipulation on Friday, April 1, 2011. The supplemental production date for

15

the subject documents is April 15, 2011 (production) or April 22, 2011 (inspection). Various

16

documents in these categories are relevant to expert witness opinions and work being done by

17

experts on damages claims. Discovery is also being pursued against third parties including

18

governmental entities and that production will not be completed until after the current initial

19

expert disclosure date. These delays have made it impracticable for expert witnesses to prepare

20

necessary reports by the current initial expert disclosure of April 15, 2011. The accompanying

21

declaration of Timothy J. Buchanan sets out these facts.

22

5.

Further, the deposition of Defendant Dlubak Glass Company took place on March

23

2-3, 2011. One of the witnesses, Herb Schall, was unable to travel to California for the deposition

24

because of a recurring heart problem. His deposition has been set for April 19, 2011, in Ohio.

25

This deposition is also needed for expert consideration.

26

6.

Moving the initial and supplemental expert disclosure deadlines by another thirty

27

(30) days will not require movement of any further dates in this action. The trial date may remain

28

intact and nor party desires or requests such a movement. All other dates can be accommodated
1

MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
5 R IVER PARK PLACE EAST
FRESNO, CA 93720-1501

[PROPOSED] STIPULATION EXTENDING DATES IN SCHEDULING CONFERENCE ORDER FOR INITIAL
AND SUPPLEMENTAL DISCLOSURES OF EXPERT WITNESSES

1
2

with this proposed move.
7.

Accordingly, for the above cause, the parties hereby stipulate that the initial expert

3

witness disclosure date of April 15, 2011, shall be extended to May 16, 2011. The supplemental

4

expert disclosure deadline shall be moved from May 1, 2011, to June 1, 2011. The expert

5

discovery cutoff shall be moved from June 1, 2011, to July 1, 2011.

6
7
8
9
10

8.

As noted above, this movement will not affect any other dates in this action. The

trial date of October 31, 2011, remains in place.
9.

This stipulation is submitted solely to accommodate the parties' legitimate

discovery needs in this case and their need to prepare this case properly for trial. It is not
presented for any purpose of delay or other improper objective.

11
12
13

Dated: April _5__, 2011

McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

14
15

By:________/s/ Timothy J. Buchanan ____
Timothy J. Buchanan
Mandy L. Jeffcoach
Attorneys for Defendants
DLUBAK GLASS COMPANY, INC. and
DAVID A. DLUBAK and Counter
Claimant DLUBAK GLASS COMPANY,
INC.

16
17
18
19
20

Dated: April _5_, 2011

DOWLING, AARON & KEELER, INC.

21
22

By:_________/s/ Donald R. Fischbach ______
Donald R. Fischbach
Attorneys for Plaintiffs
ELECTRONIC RECYCLERS
INTERNATIONAL INC., and
ELECTRONIC RECYCLERS OF
AMERICA, LLC

23
24
25
26
27
28
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
5 R IVER PARK PLACE EAST
FRESNO, CA 93720-1501

2
[PROPOSED] STIPULATION EXTENDING DATES IN SCHEDULING CONFERENCE ORDER FOR INITIAL
AND SUPPLEMENTAL DISCLOSURES OF EXPERT WITNESSES

1

ORDER

2

Based upon the above stipulation and the accompanying declaration of Timothy J.

3

Buchanan, and good cause appearing, the Court HEREBY ORDERS that the Scheduling

4

Conference Order shall be amended as follows: in section 4 of the Order, the initial expert

5

witness disclosure date shall be moved to May 16, 2011, and the supplemental expert disclosure

6

date shall be moved to June 1, 2011. The expert discovery deadline shall be moved to July 1,

7

2011. All other provisions of the Order are in full force and effect.

8
9

The parties have expressly acknowledged to the Court that they understand the expert
discovery deadline as modified now shares the same date as the deadline for filing pretrial

10

motions. Further, the parties have been advised that it is very unlikely that future stipulations or

11

requests to modify the scheduling order will be adopted and/or granted.

12
13
14

IT IS SO ORDERED.
Dated:

15

April 12, 2011

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

16
17

DEAC_Signature-END:

i70h38d6

18
19
20
21
22
23
24
25
26
27
28
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
5 R IVER PARK PLACE EAST
FRESNO, CA 93720-1501

3
[PROPOSED] STIPULATION EXTENDING DATES IN SCHEDULING CONFERENCE ORDER FOR INITIAL
AND SUPPLEMENTAL DISCLOSURES OF EXPERT WITNESSES