Tri-Dam v. Holman et al

Filing 21

STIPULATION and ORDER GRANTING the parties' request for a continuance of the following discovery deadlines: Non-Expert Discovery due by 2/11/2015; Expert Discovery due by 4/8/2015; Designation of Expert Witnesses due by 2/18/2015; Supplemental Designation of Expert Witnesses due by 3/6/2015. Order signed by Magistrate Judge Sandra M. Snyder on 1/6/2015. (Rooney, M)

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1 2 3 4 5 6 DOWNEY BRAND LLP KEVIN M. SEIBERT (Bar No. 119356) THOMAS E. MARRS (Bar No. 252485) 621 Capitol Mall, 18th Floor Sacramento, CA 95814 Telephone: (916) 444-1000 Facsimile: (916) 444-2100 kseibert@downeybrand.com tmarrs@downeybrand.com Attorneys for Plaintiff TRI-DAM 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 FRESNO DIVISION 11 12 TRI-DAM, 13 Plaintiff, 14 15 Case No. 1:13-CV-01448-AWI- SMS STIPULATION AND ORDER TO CONTINUE DISCOVERY DEADLINES v. Defendants. 17 Pre-Trial Conf.: Time: Courtroom: Judge: June 17, 2015 8:30 a.m. 2 Hon. Anthony W. Ishii Trial: 16 MERLE HOLMAN and BEVERLY HOLMAN, August 25, 2015 (3-4 day estimate) 18 19 20 21 22 23 This stipulation and proposed order to file an amended complaint and continue discovery deadlines is entered into between plaintiff Tri-Dam (“Tri-Dam”) and defendants Merle Holman and Beverly Holman (collectively “Defendants”), by and through their respective attorneys of record, with reference to the following: 24 RECITALS 25 1. 27 Tri-Dam commenced this action on September 9, 2013 by filing its Complaint. 2. 26 Tri-Dam filed a First Amended Complaint on September 18, 2014, which seeks a permanent injunction against Defendants related to improvements on real property they own in 28 1394772.1 1 STIPULATION AND [PROPOSED] ORDER TO CONTINUE DISCOVERY DEADLINES 1 Calaveras County (“Subject Property”), and adds claims for breach of contract, public and private 2 nuisance, trespass and interference with easement. Defendants answered the First Amended 3 Complaint on December 15, 2014. 4 3. The Court’s February 19, 2014 Scheduling Order provided, among other things, 5 for a September 19, 2014 deadline to conduct non-expert discovery, an October 14, 2014 deadline 6 to disclose experts, and a December 3, 2014 deadline to disclose supplemental experts. 7 4. The parties previously sought and obtained two prior extensions in this case. The 8 current deadline to conduct non-expert discovery is January 7, 2015. The current deadline to 9 disclose experts is January 15, 2015. The current deadline to disclose supplemental experts is 10 February 6, 2015. 11 5. Tri-Dam served Interrogatories, Requests for Production of Documents, and 12 Requests for Admission on Defendants in July 2014. Defendants have not responded to the 13 written discovery. 14 6. 15 Tri-Dam noticed Defendants’ depositions for January 6, 2015. However, Defendants are unable to appear for the deposition due to immediate health issues. 16 7. The parties met and conferred regarding appropriate extensions of the current 17 discovery related deadlines based on those health issues. The parties believe good cause exists to 18 continue: the current January 7, 2015 deadline to conduct non-expert discovery to February 11, 19 2015; the current January 15, 2015 deadline to disclose experts to February 18, 2015; the current 20 February 6, 2015 deadline to disclose supplemental experts to March 6, 2015; and the deadline to 21 conduct expert discovery is continued from February 16, 2015 to April 8, 2015. 22 STIPULATION 23 Based on the foregoing recitals, the parties hereby STIPULATE that: 24 8. 25 The deadline to conduct non-expert discovery is continued from January 7, 2015 to February 11, 2015. 26 9. 27 18, 2015. The deadline to disclose experts is continued from January 15, 2015 to February 28 1394772.1 2 STIPULATION AND [PROPOSED] ORDER TO CONTINUE DISCOVERY DEADLINES 1 10. 2 to March 6, 2015. 3 11. 4 The deadline to conduct expert discovery is continued from February 16, 2015 to April 8, 2015. 5 6 The deadline to disclose supplemental experts is continued from February 6, 2015 12. This continuance of the above-referenced discovery related deadlines will not affect any other deadlines in this action. 7 13. Defendants will produce the requested documents and will appear for deposition 8 on a mutually agreeable date as soon as the health issues permit, before the non-expert discovery 9 deadline. 10 14. All remaining dates and deadlines as set by the Court in its February 19, 2014 11 Scheduling Order, as modified by the September 17, 2014 Stipulation and Order to Continue 12 Discovery Deadlines, and the October 21, 2014 Stipulation and Order to Continue Discovery 13 Deadlines, are otherwise unaffected by this Stipulation and Proposed Order. 14 15 DATED: January 5, 2015 DOWNEY BRAND LLP 16 17 By: /s/ Thomas E. Marrs THOMAS E. MARRS Attorney for Plaintiff TRI-DAM 18 19 20 21 DATED: January 5, 2015 /s/ Shawn Parr (as authorized 1/5/15) SHAWN PARR Attorney for Defendants MERLE HOLMAN and BEVERLY HOLMAN 1394772.1 3 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER TO CONTINUE DISCOVERY DEADLINES 1 ORDER 2 This matter came before the Court on the Stipulation and Order to Continue Discovery 3 Deadlines. For the reasons stated in the Stipulation and for good cause showing, the Court 4 ADOPTS the Stipulation and GRANTS the relief requested therein. 5 Accordingly, IT IS HEREBY ORDERED THAT the deadline to conduct non-expert 6 discovery is continued from January 7, 2015 to February 11, 2015. The deadline to disclose 7 experts is continued from January 15, 2015 to February 18, 2015. The deadline to disclose 8 supplemental experts is continued from February 6, 2015 to March 6, 2015. The deadline to 9 conduct expert discovery is continued from February 16, 2015 to April 8, 2015. All remaining 10 dates and deadlines as set by the Court in its February 19, 2014 Scheduling Order, as modified by 11 the September 17, 2014 Stipulation and Order to Continue Discovery Deadlines, and the October 12 21, 2014 Stipulation and Order to Continue Discovery Deadlines, are otherwise unaffected by this 13 Stipulation and Order. 14 15 IT IS SO ORDERED. 16 17 DATED: 1/6/2015 /s/ SANDRA M. SNYDER UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 1394772.1 4 STIPULATION AND [PROPOSED] ORDER TO CONTINUE DISCOVERY DEADLINES

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