Brisbin v. Vulcan Materials Company

Filing 16

STIPULATION and ORDER to amend scheduling order. The deadline for completion of non-expert discovery shall be continued from October 31, 2011, to January 31, 2012. No other provisions of the Scheduling Order dated July 12, 2011, are otherwise modified herein. Order signed by Magistrate Judge Sheila K. Oberto on 10/14/2011. (Timken, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

LLP

11

L I P S C H U LT Z & S CH E R A G O

10

12

JOHN C. BRISBIN, an individual, dba
CONSTRUCTION DEVELOPMENT
SYSTEMS,

13
14
15
16

Case No. 1:11-CV-00568-AWI-SKO

Plaintiff,

STIPULATION TO AMEND
SCHEDULING ORDER;
ORDER THEREON

v.
VULCAN MATERIALS COMPANY, a
New Jersey corporation; and DOES 1
through 100, inclusive,

17

Defendant.

18
19
20
21
22

THE UNITED STATES OF AMERICA,
for the Use and Benefit of CALMAT
CO., a Delaware corporation, dba
VULCAN MATERIALS COMPANY –
WESTERN DIVISION; et al,
Counter-Claimants

23
24
25
26
27
28

v.
JOHN C. BRISBIN, an individual, dba
CONSTRUCTION DEVELOPMENT
SYSTEMS; WESTERN SURETY
COMPANY, a South Dakota
corporation,
Counter-Defendant
1
11cv568.Brisbin.v.Vulcan.amend.schedOrder.at.docx

STIPULATION TO AMEND
SCHEDULING ORDER; ORDER THEREON

1
2
3
4
5
6

Plaintiff and Counter-Defendant JOHN C. BRISBIN, an individual, dba
CONSTRUCTION DEVELOPMENT SYSTEMS (“CDS”), Counter-Defendant
WESTERN SURETY COMPANY, a South Dakota corporation (“WESTERN”), and
Defendant and Counter-Claimant CALMAT CO., a Delaware corporation, dba
VULCAN MATERIALS COMPANY – WESTERN DIVISION (“VULCAN”),
hereby agree and stipulate as follows:

7
8

RECITALS

9
LLP

11

L I P S C H U LT Z & S CH E R A G O

10

WHEREAS, the Scheduling Order dated July 12, 2011 contains a deadline of

12
13
14
15
16

October 31, 2011 for the completion of all discovery pertaining to non-experts.

WHEREAS, CDS, WESTERN and VULCAN have responded to, or are in the
process of responding to, Interrogatories and Requests for Production of Documents
propounded by the other party, and are obtaining documents from non-party
witnesses, but have yet to commence depositions.

17
18
19
20
21
22

WHEREAS, CDS, WESTERN and VULCAN desire to conduct a private
mediation on December 15, 2011, before Mediator James M. Phillips, Esq., and also
desire to avoid taking all of the necessary depositions and completion of other
discovery in the case prior to the conduct of the mediation, in order to save
attorney’s fees and costs.

23
24
25
26
27

WHEREAS, CDS, WESTERN and VULCAN believe that they will be able to
complete non-expert discovery by January 31, 2012, the same date as the current
deadline for completion of expert discovery, without the need for continuing the
dates currently scheduled for the Mandatory Settlement Conference, Pre-Trial

28
2
11cv568.Brisbin.v.Vulcan.amend.schedOrder.at.docx

STIPULATION TO AMEND
SCHEDULING ORDER; ORDER THEREON

1
2
3

Conference and Trial.
NOW, THEREFORE, IT IS HEREBY STIPULATED by and between CDS,
WESTERN and VULCAN as follows:

4
5
6

1.

The deadline for completion of non-expert discovery shall be continued

from October 31, 2011, to January 31, 2012; and

7
8
9

2.

No other provisions of the Scheduling Order dated July 12, 2011 are

otherwise modified herein.

LLP

11

L I P S C H U LT Z & S CH E R A G O

10

12

DATED: October 12, 2011

13

LANG, RICHERT & PATCH, PC

By: /s/ Matthew W. Quall
Matthew W. Quall
Attorneys for Plaintiff and Counter-Defendant
JOHN C. BRISBIN, an individual, dba
CONSTRUCTION DEVELOPMENT
SYSTEMS and Counter-Defendant
WESTERN SURETY COMPANY, a South
Dakota corporation

14
15
16
17
18
19
20

DATED: October 12, 2011

LIPSCHULTZ & SCHERAGO LLP

21
By: /s/ James D. Lipschultz
James D. Lipschultz
Attorneys for Defendant and Counter-Claimant
CALMAT CO., a Delaware corporation, dba
VULCAN MATERIALS COMPANY –
WESTERN DIVISION

22
23
24
25
26
27
28

3
11cv568.Brisbin.v.Vulcan.amend.schedOrder.at.docx

STIPULATION TO AMEND
SCHEDULING ORDER; ORDER THEREON

1

ORDER

2
3

Based upon the stipulation of the parties and good cause appearing therefor,

4
5 IT IS SO ORDERED.
6
7

Dated:

October 14, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

8 ie14hje
9
LLP

11

L I P S C H U LT Z & S CH E R A G O

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
11cv568.Brisbin.v.Vulcan.amend.schedOrder.at.docx

STIPULATION TO AMEND
SCHEDULING ORDER; ORDER THEREON