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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DOWNEY BRAND LLP
KEVIN M. SEIBERT (Bar No. 119356)
THOMAS E. MARRS (Bar No. 252485)
621 Capitol Mall, 18th Floor
Sacramento, CA 95814
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff
TRI-DAM

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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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TRI-DAM,

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Plaintiff,

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Case No. 1:13-CV-01448-AWI- SMS
STIPULATION AND ORDER TO
CONTINUE DISCOVERY DEADLINES

v.

Defendants.

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Pre-Trial Conf.:
Time:
Courtroom:
Judge:

June 17, 2015
8:30 a.m.
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Hon. Anthony W. Ishii

Trial:

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MERLE HOLMAN and BEVERLY
HOLMAN,

August 25, 2015
(3-4 day estimate)

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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:

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RECITALS

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1.

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Tri-Dam commenced this action on September 9, 2013 by filing its Complaint.

2.

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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

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE DISCOVERY DEADLINES

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Calaveras County (“Subject Property”), and adds claims for breach of contract, public and private

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nuisance, trespass and interference with easement. Defendants answered the First Amended

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Complaint on December 15, 2014.

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3.

The Court’s February 19, 2014 Scheduling Order provided, among other things,

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for a September 19, 2014 deadline to conduct non-expert discovery, an October 14, 2014 deadline

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to disclose experts, and a December 3, 2014 deadline to disclose supplemental experts.

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4.

The parties previously sought and obtained two prior extensions in this case. The

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current deadline to conduct non-expert discovery is January 7, 2015. The current deadline to

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disclose experts is January 15, 2015. The current deadline to disclose supplemental experts is

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February 6, 2015.

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5.

Tri-Dam served Interrogatories, Requests for Production of Documents, and

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Requests for Admission on Defendants in July 2014. Defendants have not responded to the

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written discovery.

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6.

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Tri-Dam noticed Defendants’ depositions for January 6, 2015. However,

Defendants are unable to appear for the deposition due to immediate health issues.

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7.

The parties met and conferred regarding appropriate extensions of the current

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discovery related deadlines based on those health issues. The parties believe good cause exists to

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continue: the current January 7, 2015 deadline to conduct non-expert discovery to February 11,

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2015; the current January 15, 2015 deadline to disclose experts to February 18, 2015; the current

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February 6, 2015 deadline to disclose supplemental experts to March 6, 2015; and the deadline to

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conduct expert discovery is continued from February 16, 2015 to April 8, 2015.

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STIPULATION

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Based on the foregoing recitals, the parties hereby STIPULATE that:

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8.

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The deadline to conduct non-expert discovery is continued from January 7, 2015 to

February 11, 2015.

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9.

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18, 2015.

The deadline to disclose experts is continued from January 15, 2015 to February

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE DISCOVERY DEADLINES

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10.

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to March 6, 2015.

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The deadline to conduct expert discovery is continued from February 16, 2015 to

April 8, 2015.

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The deadline to disclose supplemental experts is continued from February 6, 2015

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This continuance of the above-referenced discovery related deadlines will not

affect any other deadlines in this action.

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13.

Defendants will produce the requested documents and will appear for deposition

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on a mutually agreeable date as soon as the health issues permit, before the non-expert discovery

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deadline.

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14.

All remaining dates and deadlines as set by the Court in its February 19, 2014

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Scheduling Order, as modified by the September 17, 2014 Stipulation and Order to Continue

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Discovery Deadlines, and the October 21, 2014 Stipulation and Order to Continue Discovery

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Deadlines, are otherwise unaffected by this Stipulation and Proposed Order.

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DATED: January 5, 2015

DOWNEY BRAND LLP

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By:

/s/ Thomas E. Marrs
THOMAS E. MARRS
Attorney for Plaintiff
TRI-DAM

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DATED: January 5, 2015

/s/ Shawn Parr (as authorized 1/5/15)
SHAWN PARR
Attorney for Defendants
MERLE HOLMAN and BEVERLY HOLMAN

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE DISCOVERY DEADLINES

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ORDER

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This matter came before the Court on the Stipulation and Order to Continue Discovery

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Deadlines. For the reasons stated in the Stipulation and for good cause showing, the Court

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ADOPTS the Stipulation and GRANTS the relief requested therein.

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Accordingly, IT IS HEREBY ORDERED THAT the deadline to conduct non-expert

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discovery is continued from January 7, 2015 to February 11, 2015. The deadline to disclose

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experts is continued from January 15, 2015 to February 18, 2015. The deadline to disclose

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supplemental experts is continued from February 6, 2015 to March 6, 2015. The deadline to

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conduct expert discovery is continued from February 16, 2015 to April 8, 2015. All remaining

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dates and deadlines as set by the Court in its February 19, 2014 Scheduling Order, as modified by

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the September 17, 2014 Stipulation and Order to Continue Discovery Deadlines, and the October

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21, 2014 Stipulation and Order to Continue Discovery Deadlines, are otherwise unaffected by this

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Stipulation and Order.

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IT IS SO ORDERED.

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DATED: 1/6/2015

/s/ SANDRA M. SNYDER
UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE DISCOVERY DEADLINES