Black & Veatch Corporation v. Modesto Irrigation District

Filing 211

STIPULATION and ORDER Regarding Pending Discovery Motions. The due date for Black & Veatch's reply brief for its motion to compel the production of documents by City of Modesto 162 , regarding the production of arbitration-related co mmunications, is CONTINUED to October 12, 2012; The informal telephonic discovery conference concerning Black & Veatch's motion to compel the production of documents by Modesto Irrigation District 125 , regarding the issue of the time frame for Modesto Irrigation District to produce the 2008 to present emails, is CONTINUED to October 17, 2012, at 9:30 a.m.; The briefing schedule for Black & Veatch's motion to compel production of documents from Modesto Irrigation District (Doc. 1 25), as to the issue of sharing the costs of restoring Modesto Irrigation District's pre-2008 emails, is CONTINUED as follows: Black & Veatch's opening brief is due on October 12, 2012; and Modesto Irrigation Districts opposition brief i s due on October 24, 2012; The hearing for both Black & Veatch's motion to compel production of documents from City of Modesto of arbitration-related communications 162 , and Black & Veatch's motion to compel of documents from Modesto Irrigation District related to the issue of cost-sharing 125 , shall be held on October 31, 2012, at 9:30 a.m. in Courtroom 7, before Magistrate Judge Sheila K. Oberto. Order signed by Magistrate Judge Sheila K. Oberto on 10/9/2012. (Timken, A)

8 LANG, RICHERT & PATCH
Mark L. Creede, SBN 128418
9 Matthew W. Quall, SBN 183759
Fig Garden Financial Center
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5200 North Palm Avenue, Fourth Floor
11 Fresno, CA 93704
Telephone: [phone]
12 Facsimile: [phone]
PROFESSIONAL CORPORATION
KAISER CENTER
300 LAKESIDE DRIVE, 24TH FLOOR
OAKLAND, CALIFORNIA 94612-3524
Tel [phone] • Fax [phone]

LAW OFFICES

WULFSBERG REESE COLVIG & FIRSTMAN

1 WULFSBERG REESE COLVIG & FIRSTMAN
PROFESSIONAL CORPORATION
2 H. James Wulfsberg, SBN 046192
3 Gregory R. Aker, SBN 104171
Stephen L. Cali, SBN 133923
4 David J. Hyndman, SBN 193944
Kaiser Center
5 300 Lakeside Drive, 24th Floor
Oakland, California 94612-3524
6 Telephone: [phone]
7 Facsimile: [phone]

13 Attorneys for Plaintiff and Counterdefendant
BLACK & VEATCH CORPORATION
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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BLACK & VEATCH CORPORATION,

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Plaintiff,
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vs.
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Case No. 1:11-cv-00695 LJO SKO
STIPULATION AND
ORDER REGARDING PENDING
DISCOVERY MOTIONS
_______________________________________

MODESTO IRRIGATION DISTRICT,
Defendant.

Courtroom: 7
Judge:
Hon. Sheila K. Oberto
Trial Date:

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AND RELATED ACTIONS.
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STIPULATION AND ORDER
1645-038\2374805.1

July 16, 2013

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STIPULATION

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Plaintiff and counter-defendant Black & Veatch Corporation (Black & Veatch), defendant

3 and counter-claimant, Modesto Irrigation District (MID), and intervenor, City of Modesto (City),
4 have reached a tentative agreement for settlement of the parties’ respective claims in this
5 litigation. MID and the City each plan to present the tentative settlement to MID’s Board and to
6 the City Council for their consideration and approval at their meetings scheduled for October 9,
7 2012. To avoid the unnecessary expenditure of legal fees in the interim, Black & Veatch, MID
8 and the City wish to briefly postpone certain deadlines with respect to the discovery motions
9 pending before the Court that are listed below.
Accordingly, Black & Veatch, MID and the City hereby stipulate as follows:

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1. With respect to Black & Veatch’s motion to compel production by the City of

12 arbitration-related communications that the City claims are protected by the joint defense
PROFESSIONAL CORPORATION
KAISER CENTER
300 LAKESIDE DRIVE, 24TH FLOOR
OAKLAND, CALIFORNIA 94612-3524
Tel [phone] • Fax [phone]

LAW OFFICES

WULFSBERG REESE COLVIG & FIRSTMAN

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13 privilege, which is scheduled for hearing before the Court on October 17, 2012, at 9:30 a.m.,
14 Black & Veatch and MID agree to extend the due date for Black & Veatch’s reply brief from
15 October 5 to October 12, 2012.
2. With respect to Black & Veatch’s motion to compel production of MID’s 2008-present

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17 emails, Black & Veatch and MID agree to postpone their meet-and-confer, presently scheduled for
18 October 5, at 2:30 p.m., to a mutually-agreeable time on October 10 or 11, 2012. Further, the
19 parties agree, subject to the Court’s approval, to continue the telephone hearing presently
20 scheduled for October 10, at 4:30 p.m., to the week of October 15, 2012, on a day and time
21 convenient to the Court.
3. With respect to Black & Veatch’s motion to require MID to share in the cost of

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23 restoring MID’s pre-2008 GroupWise emails, which is scheduled for hearing before the Court on
24 October 31, 2012, at 9:30 a.m., Black & Veatch and MID agree to extend the due date for Black &
25 Veatch’s opening brief from October 5 to October 12, 2012, and the due date for MID’s
26 opposition brief from October 19 to October 26, 2012.
27 //
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-1STIPULATION AND ORDER
1645-038\2374805.1

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DATED: October 5, 2012

WULFSBERG REESE COLVIG & FIRSTMAN
PROFESSIONAL CORPORATION

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By

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/s/ Gregory R. Aker
Gregory R. Aker

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Attorneys for Plaintiff and Counterdefendant
BLACK & VEATCH CORPORATION

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7 DATED: October 5, 2012

McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH, LLP

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By /s/ Stephen E. Carroll (as authorized on 10/5/12)
Stephen E. Carroll
Attorneys for Defendant and Counterclaimant
MODESTO IRRIGATION DISTRICT

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PROFESSIONAL CORPORATION
KAISER CENTER
300 LAKESIDE DRIVE, 24TH FLOOR
OAKLAND, CALIFORNIA 94612-3524
Tel [phone] • Fax [phone]

LAW OFFICES

WULFSBERG REESE COLVIG & FIRSTMAN

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13 DATED: October 5, 2012

DAVIDOVITZ & BENNETT, LLP

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By /s/ Patricia S. Lakner (as authorized on 10/5/12)
Patricia S. Lakner

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Attorneys for Intervenor CITY OF MODESTO

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ORDER

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Pursuant to the above stipulation of the parties and the Court’s schedule, IT IS HEREBY

22 ORDERED that:
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1. The due date for Black & Veatch’s reply brief for its motion to compel the production of

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documents by City of Modesto (Doc. 162), regarding the production of arbitration-related

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communications, is CONTINUED to October 12, 2012;

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2. The informal telephonic discovery conference concerning Black & Veatch’s motion to

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compel the production of documents by Modesto Irrigation District (Doc. 125), regarding

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the issue of the time frame for Modesto Irrigation District to produce the 2008 to present
-2STIPULATION AND ORDER
1645-038\2374805.1

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emails, is CONTINUED to October 17, 2012, at 9:30 a.m.;
3. The briefing schedule for Black & Veatch’s motion to compel production of documents

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Modesto Irrigation District’s pre-2008 emails, is CONTINUED as follows:

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a. Black & Veatch’s opening brief is due on October 12, 2012; and

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b. Modesto Irrigation District’s opposition brief is due on October 24, 2012; 1

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4. The hearing for both Black & Veatch’s motion to compel production of documents from

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City of Modesto of arbitration-related communications (Doc. 162), and Black & Veatch’s

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motion to compel of documents from Modesto Irrigation District related to the issue of

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cost-sharing (Doc. 125), shall be held on October 31, 2012, at 9:30 a.m. in Courtroom 7,

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before Magistrate Judge Sheila K. Oberto.

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PROFESSIONAL CORPORATION
KAISER CENTER
300 LAKESIDE DRIVE, 24TH FLOOR
OAKLAND, CALIFORNIA 94612-3524
Tel [phone] • Fax [phone]

LAW OFFICES

from Modesto Irrigation District (Doc. 125), as to the issue of sharing the costs of restoring

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WULFSBERG REESE COLVIG & FIRSTMAN

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IT IS SO ORDERED.
Dated:

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October 9, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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DEAC_Signature-END:

ie14hje

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Although the parties requested that Modesto Irrigation District’s opposition brief be due on October 26,
2012, to allow the Court sufficient time to consider the opposition prior to the October 31, 2012, hearing, the
opposition will be due on October 24, 2012.

-3STIPULATION AND ORDER
1645-038\2374805.1