Elia v. Roberts et al

Filing 20

STIPULATION and ORDER GRANTING the parties' request for an extension of the initial designation of expert witnesses' deadline to 4/28/2017, with the rebuttal designation due by 5/12/2017. Order signed by Magistrate Judge Erica P. Grosjean on 4/12/2017. (Rooney, M)

1 McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
2 Marshall C. Whitney, #82952
[e-mail]
3 Kristi D. Marshall, #274625
[e-mail]
4 7647 North Fresno Street
Fresno, California 93720
5 Telephone:
[phone]
Facsimile:
[phone]
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Attorneys for JOHN ROBERTS and TEXAS
7 ENVIRONMENTAL PRODUCTS, INC.
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION
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ARIEL ELIA, individually and as Successor
13 Trustee to the Alan Elia Declaration of Trust
Dated March 18, 2002,
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Plaintiff,
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v.
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JOHN ROBERTS, an individual; TEXAS
17 ENVIRONMENTAL PRODUCTS, INC., a
Texas corporation; and TEXAS
18 ENVIRONMENTAL PRODUCTS, a
partnership, joint venture or other form of
19 business organization unknown, and DOES 1
through 20, inclusive,
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Defendant.
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Case No. 1:16-CV-00557-AWI-EPG
STIPULATION TO AMEND
SCHEDULING CONFERENCE ORDER
RE EXPERT DISCLOSURES; ORDER
THEREON
Trial Date:

October 31, 2017

Plaintiff ARIEL ELIA, individually and as Successor Trustee to the Alan Elia Declaration of

23 Trust Dated March 18, 2002 (“Plaintiff”), by and through her attorney of record herein, Neal E.
24 Costanzo of the law offices of Costanzo & Associates, and Defendants JOHN ROBERTS and TEXAS
25 ENVIRONMENTAL PRODUCTS, INC. (“Defendants”), by and through their attorneys, Marshall C.
26 Whitney and Kristi D. Marshall of the law offices of McCormick, Barstow, Sheppard, Wayte &
27 Carruth, hereby stipulate as follows:
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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

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STIPULATION TO AMEND SCHEDULING CONFERENCE ORDER RE EXPERT DISCLOSURES;
PROPOSED ORDER THEREON

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RECITALS
A.

The Court filed its Scheduling Conference Order on July 1, 2016 (Document 11) (the

3 “Order”). The Order set the Non-Expert Discovery Cutoff as March 31, 2017.
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B.

Plaintiff and Defendants mediated this case on January 12, 2017, before Donald

5 Fischbach. The parties did not reach a settlement of this case.
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C.

Attorneys for Plaintiff and Defendants have agreed that additional time is needed for

7 the parties’ respective experts to prepare reports for the initial expert disclosure pursuant to the Order
8 (April 14, 2017).
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D.

The parties believe that good cause exists to extend the initial Expert Disclosure two

10 weeks to April 28, 2017, and the Rebuttal Expert Disclosures two weeks to May 12, 2017.
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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

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STIPULATION TO AMEND SCHEDULING CONFERENCE ORDER RE EXPERT DISCLOSURES;
ORDER THEREON

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STIPULATION
NOW, THEREFORE, IT IS HEREBY STIPULATED as follows:
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The initial Expert Disclosure in the Order shall be extended from

4 April 14, 2017, to April 28, 2017.
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2.

The Rebuttal Expert Disclosure in the Order shall be extended from April 28,

6 2017, to May 12, 2017.
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3.

All other deadlines set forth in the Order, and the subsequent Stipulation to

8 Amend Scheduling Conference Order re Non-Expert Discovery Cutoff and Order Thereon
9 (Document 18), shall remain in full force and effect.
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11 Dated: April ___, 2017
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COASTANZO & ASSOCIATES
By:
Neal E. Costanzo
Attorney for Plaintniff ARIEL ELIA

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Dated: April ___, 2017

McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

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By:
Marshall C. Whitney
Kristi D. Marshall
Attorneys for Defendants JOHN ROBERTS and
TEXAS ENVIRONMENTAL PRODUCTS, INC.

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

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STIPULATION TO AMEND SCHEDULING CONFERENCE ORDER RE EXPERT DISCLOSURES;
ORDER THEREON

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ORDER
Based on the above stipulation, and good cause appearing therein, the Court amends the

3 schedule in this case. The initial expert disclosure deadline is extended to April 28, 2017. The
4 rebuttal expert disclosure deadline is extended to May 12, 2017. All other dates and deadlines
5 remain as previously set.
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7 IT IS SO ORDERED.
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Dated:
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April 12, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

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STIPULATION TO AMEND SCHEDULING CONFERENCE ORDER RE EXPERT DISCLOSURES;
ORDER THEREON