Brisbin v. Vulcan Materials Company

Filing 21

STIPULATION and ORDER to AMEND SCHEDULING ORDER. The parties' amended schedule is as follows: Completion of non-expert and expert discovery is 5/16/2012; Dispositive Motions shall be filed by 6/27/2012; Non-Dispositive Motions shall be filed by 5/21/2012; the Settlement Conference currently set for 5/17/2012, is RESET to 7/17/2012, at 10:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. the Pretrial Conference currently set for 7/25/2012, is RESET to 9/26/2012, at 08: 30 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii; the Trial currently set for 9/18/2012, is RESET to 11/27/2012, at 08:30 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. Order signed by Magistrate Judge Sheila K. Oberto on 2/2/2012. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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

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Case No.: 1:11-cv-00568-AWI-SKO
STIPULATION TO AMEND
SCHEDULING ORDER; ORDER
THEREON

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

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Defendants.

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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,

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v.
JOHN C. BRISBIN, an individual, dba
CONSTRUCTION DEVELOPMENT
SYSTEMS; WESTERN SURETY
COMPANY, a South Dakota corporation,

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Counter-Defendant.
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Stipulation to Amend Scheduling Order;
Order Thereon

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Plaintiff

and

Counter-Defendant

JOHN

C.

BRISBIN,

an

individual,

dba

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CONSTRUCTION DEVELOPMENT SYSTEMS (“CDS”), Counter-Defendant WESTERN

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SURETY COMPANY, a South Dakota corporation (“WESTERN”), and Defendant

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Counter-Claimant CALMAT CO., a Delaware corporation, dba VULCAN MATERIALS

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COMPANY – WESTERN DIVISION (“VULCAN”), hereby agree and stipulate as follows:

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RECITALS

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and

WHEREAS, the Scheduling Order dated July 12, 2011 contained a deadline of
October 31, 2011 for the completion of all discovery pertaining to non-experts.

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WHEREAS, on October 12, 2011, the Parties submitted a Stipulation and Proposed

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Order requesting to Amend the Scheduling Order to continue the deadline for completion of

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non-expert discovery from October 31, 2011 to January 31, 2012, which request was granted by

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the Court on October 17, 2011.

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WHEREAS, on December 29, 2011, the Parties submitted a Stipulation and Proposed

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Order requesting to Amend the Scheduling Order to continue all deadlines and dates in the case

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for sixty (60) days. This Stipulation was necessitated by the ill health of Plaintiff John Brisbin,

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who was going to require surgery. Accordingly, the Parties delayed the depositions which had

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been scheduled for early December 2011, and a mediation that had been scheduled for

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December 15, 2011. By Order dated January 4, 2012, the Court granted the Parties’ request and

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established new dates and deadlines, including a new discovery completion date of March 16,

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2012.

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WHEREAS, CDS, WESTERN and VULCAN have responded to Interrogatories and

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Requests for Production of Documents propounded by the other party, and are obtaining

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documents from non-party witnesses, but have yet to commence depositions.

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WHEREAS, CDS, WESTERN and VULCAN had scheduled a private mediation on

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January 27, 2012, before Mediator James M. Phillips, Esq., and agreed to conduct the necessary

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depositions and completion of other discovery in the case after the mediation, if unsuccessful, in

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order to save attorney’s fees and costs.

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Stipulation to Amend Scheduling Order;
Order Thereon

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WHEREAS, on or about January 17, 2012, counsel for Plaintiff was advised that

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Mr. Brisbin was required to undergo chemotherapy and radiation treatment and would be

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unavailable for at least 6 weeks to conduct the previously scheduled mediation and subsequent

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depositions.

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WHEREAS, the Parties are in the process of re-scheduling the mediation before
Mr. Phillips for the latter part of March 2012.

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WHEREAS, CDS, WESTERN and VULCAN will not be able to meet the March 16,

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2012 deadline for completion of discovery, as currently dictated by the Scheduling Order, if they

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conduct the mediation in the latter part of March and, if the mediation is unsuccessful, the

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necessary depositions thereafter. Accordingly, the Parties respectfully request that this Court

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extend each date and deadline by approximately sixty (60) days.

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

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March 16, 2012 for 60 days to on or about May 16, 2012;

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2.

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The Settlement Conference shall be continued from May 17, 2012 for 60 days to

on or about July 17, 2012, or any later date convenient on the Court’s calendar;

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The deadline for filing of Dispositive Motions shall be continued from April 27,

2012 for 60 days to on or about June 27, 2012;

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The deadline for filing of Non-Dispositive Motions shall be continued from

March 21, 2012 for 60 days to on or about May 21, 2012;

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The deadline for completion of expert discovery shall be continued from

March 16, 2012 for 60 days to on or about May 16, 2012;

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

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The Pre-Trial Conference shall be continued from July 25, 2012 for 60 days to on

or about September 25, 2012, or any later date convenient on the Court’s calendar;

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7.

The Trial shall be continued from September 18, 2012 for 60 days to on or about

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November 19, 2012, or any later date convenient on the Court’s calendar;

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Stipulation to Amend Scheduling Order;
Order Thereon

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8.

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modified herein.

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Dated: January 26, 2012

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

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LANG, RICHERT & PATCH, P.C.

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By: /s/ Matthew W. Quall
Matthew W. Quall
Attorneys for Plaintiff and
Counter-Defendant JOHN C.
BRISBIN, an individual, dba
CONSTRUCTION DEVELOPMENT
SYSTEMS

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Dated: January 26, 2012

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LIPSCHULTZ & SCHERAGO LLP

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

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Stipulation to Amend Scheduling Order;
Order Thereon

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ORDER

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The parties’ stipulated request for an amendment to the schedule is GRANTED.
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However, the dates proposed by the parties for the Pre-Trial Conference and the Trial

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have been adjusted to comport with Judge Ishii’s trial calendar. The parties’ amended

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schedule is as follows:

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The deadline for completion of non-expert discovery is May 16, 2012;

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The deadline for completion of expert discovery is May 16, 2012;

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Non-dispositive motions shall be filed on or before May 21, 2012;

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Non-dispositive motions shall be heard on or before June 20, 2012;

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Dispositive motions shall be filed on or before June 27, 2012;

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Dispositive motions shall be heard on or before August 6, 2012;

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The Settlement Conference is set for July 17, 2012 at 10:30 a.m.;

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The Pre-Trial Conference is set for September 26, 2012; and

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The Trial date is November 27, 2012.

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IT IS SO ORDERED.
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Dated:

February 2, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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Stipulation to Amend Scheduling Order;
Order Thereon

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