Elia v. Roberts et al

Filing 24

STIPULATION and ORDER GRANTING the parties' request for an extension of the following deadlines: Initial Expert Disclosure deadline continued to 6/9/2017; Rebuttal Expert Disclosure deadline continued to 6/23/2017; and the Expert Discovery deadline is extended to 7/21/2017. Order signed by Magistrate Judge Erica P. Grosjean on 4/25/2017. (Rooney, M)

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1 McCormick, Barstow, Sheppard, Wayte & Carruth LLP 2 Marshall C. Whitney, #82952 marshall.whitney@mccormickbarstow.com 3 Kristi D. Marshall, #274625 kristi.marshall@mccormickbarstow.com 4 7647 North Fresno Street Fresno, California 93720 5 Telephone: (559) 433-1300 Facsimile: (559) 433-2300 6 Attorneys for JOHN ROBERTS and TEXAS 7 ENVIRONMENTAL PRODUCTS, INC. 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION 11 12 ARIEL ELIA, individually and as Successor 13 Trustee to the Alan Elia Declaration of Trust Dated March 18, 2002, 14 Plaintiff, 15 v. 16 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, 20 Defendant. 21 22 Case No. 1:16-CV-00557-AWI-EPG STIPULATION TO AMEND (1) SCHEDULING CONFERENCE ORDER AND (2) ORDER TO AMEND SCHEDULING CONFERENCE ORDER RE EXPERT DISCOVERY AND 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: 28 / / / MCCORMICK, BARSTOW , SHEPPARD, W AYTE & CARRUTH LLP 7647 NORTH FRESNO STREET FRESNO, CA 93720 1 STIPULATION TO AMEND (1) SCHEDULING CONFERENCE ORDER AND (2) ORDER TO AMEND SCHEDULING CONFERENCE ORDER RE EXPERT DISCOVERY AND DISCLOSURES; [PROPOSED] ORDER THEREON 1 RECITALS 2 A. The Court filed its Scheduling Conference Order on July 1, 2016 (Document 11) (the 3 “Initial Order”). 4 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. 6 C. The parties previously requested and received from the Court an extension to the 7 deadlines for expert disclosure as evidenced by the Order to Amend Scheduling Order re Expert 8 Disclosures filed April 13, 2017 (“Order to Amend re Experts”) (Document 20). Currently, the initial 9 Expert Disclosure is April 28, 2017, and the Rebuttal Expert Disclosure is May 12, 2017. Pursuant to 10 the Initial Order, the Expert Discovery Cutoff is May 26, 2017. 11 D. The parties have taken additional depositions on April 19 and 21, 2017, bringing the 12 total number of depositions taken to date at eight. In addition, the parties anticipate there are three to 13 four more non-expert depositions that need to be taken. The Nonexpert Discovery Cutoff is May 26, 14 2017, per the Court’s signed order of January 27, 2017 (Document 18). 15 E. Attorneys for Plaintiff and Defendants have agreed that additional time is needed for 16 the parties’ respective experts to prepare reports for the initial expert disclosure pursuant to the Order 17 to Amend re Experts, particularly in light of the continued Nonexpert Discovery Cutoff of May 26, 18 2017. 19 F. The parties believe that good cause exists to extend the above-referenced expert 20 deadlines. This will allow additional time for the parties’ respective experts to review and analyze all 21 of relevant documents in the case, review the deposition transcripts, provide thorough and meaningful 22 reports, and thereafter be deposed. Therefore, it is stipulated as follows: 23 24 25 STIPULATION NOW, THEREFORE, IT IS HEREBY STIPULATED as follows: 1. The initial Expert Disclosure in the Order to Amend re Experts shall be 26 extended from April 28, 2017, to June 9, 2017. 27 2. The Rebuttal Expert Disclosure in the Order to Amend re Experts shall be 28 extended from May 12, 2017, to June 23, 2017. MCCORMICK, BARSTOW , SHEPPARD, W AYTE & CARRUTH LLP 7647 NORTH FRESNO STREET FRESNO, CA 93720 2 STIPULATION TO AMEND (1) SCHEDULING CONFERENCE ORDER AND (2) ORDER TO AMEND SCHEDULING CONFERENCE ORDER RE EXPERT DISCOVERY AND DISCLOSURES; ORDER THEREON 1 3. The Expert Discovery Cutoff in the Initial Order shall be extended from 2 May 26, 2017, to July 21, 2017. 3 4. All other deadlines set forth in the Order and the Stipulation to Amend 4 Scheduling Conference Order re Non-Expert Discovery Cutoff and Order Thereon (Document 18), 5 shall remain in full force and effect. 6 7 Dated: April 24, 2017 8 COASTANZO & ASSOCIATES By: 9 /s/Neal E. Costanzo Neal E. Costanzo Attorney for Plaintniff ARIEL ELIA 10 Dated: April 24, 2017 McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP 11 12 /s/ Marshall C. Whitney Marshall C. Whitney Kristi D. Marshall Attorneys for Defendants JOHN ROBERTS and TEXAS ENVIRONMENTAL PRODUCTS, INC. By: 13 14 15 16 ORDER 17 18 Based on the above stipulation, and good cause appearing therein, the Court amends the 19 schedule in this case. The initial expert disclosure deadline is extended to June 9, 2017. The 20 rebuttal expert disclosure deadline is extended to June 23, 2017. The expert discovery cutoff date 21 is extended to July 21, 2017. All other dates and deadlines remain as previously set. 22 23 24 25 IT IS SO ORDERED. Dated: April 25, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 26 27 28 MCCORMICK, BARSTOW , SHEPPARD, W AYTE & CARRUTH LLP 7647 NORTH FRESNO STREET FRESNO, CA 93720 3 STIPULATION TO AMEND (1) SCHEDULING CONFERENCE ORDER AND (2) ORDER TO AMEND SCHEDULING CONFERENCE ORDER RE EXPERT DISCOVERY AND DISCLOSURES; ORDER THEREON

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