Lewis, et al v. Russell, et al

Filing 460

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 9/18/13 ORDERING that the parties must disclose experts and produce reports in accordance with Federal Rule of Civil Procedure 26(a)(2) by no later than 3/12/14. Experts whose testimony is intended solely for rebuttal must be disclosed and reports produced in accordance with Federal Rule of Civil Procedure 26(a)(2) on or before 5/10/14. (Meuleman, A) Modified on 9/19/2013 (Meuleman, A).

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Chad N. Dunigan (SBN 204946)
Jason A. Rose (SBN 271139)
KOELLER, NEBEKER, CARLSON & HALUCK, LLP
1478 Stone Point Drive, Suite 400
Roseville, CA 95661
[phone]
[phone] Facsimile
[e-mail]
[e-mail]
Attorneys for Defendants/Cross-Complainants/
Third Party Plaintiffs,
THE DAVIS CENTER, LLC; EMILY STOVER,
Individually and as Trustee of the STOVER FAMILY
TRUST and as Personal Representative for Melvin Stover
(Deceased); and RICHARD ALBERT STINCHFIELD,
Individually and as Trustee of the ROBERT S.
STINCHFIELD SEPARATE REAL PROPERTY TRUST
and as Trustee of the BARBARA ELLEN STINCHFIELD
TESTAMENTARY TRUST

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION

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CHARLES LEWIS,

Case No. CIV S-03-2646 WBS KJM

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Plaintiff,

STIPULATION TO EXTEND THE
EXPERT DISCLOSURE DEADLINE TO
A DATE CONSISTENT WITH ORDER
GRANTING THE DAVIS CENTER, LLC,
ET AL.’S MOTION TO MODIFY APRIL
11, 2011 STATUS ORDER AND ORDER
THEREON

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v.
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ROBERT RUSSELL, et al.,
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Defendants.
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Trial Date: March 17, 2015
AND RELATED CROSS-ACTIONS.
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
On August 30, 2013, the Court granted THE DAVIS CENTER, LLC; EMILY STOVER,
Individually and as Trustee of the STOVER FAMILY TRUST and as Personal Representative for
Melvin Stover (Deceased); and RICHARD ALBERT STINCHFIELD, Individually and as
Trustee of the ROBERT S. STINCHFIELD SEPARATE REAL PROPERTY TRUST and as
Trustee of the BARBARA ELLEN STINCHFIELD TESTAMENTARY TRUST’s (collectively

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STIPULATION TO CONTINUE EXPERT DISCLOSURES AND PRODUCTION OF REPORTS

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the “Davis Center”) Motion to Modify the April 11, 2011 Status Order (“Motion”) and extended
the trial date and many of the discovery and litigation related deadlines. (Docket No. 457.) The
Order, however, left the disclosure of experts and of expert reports for September 13, 2013, with
rebuttal expert disclosures and production of reports for November 15, 2013. The basis for the
Motion was to extend the deadlines to provide the Davis Center with sufficient time to complete
an investigative study to determine the efficacy of a potential site remedy. Given the additional
work the Davis Center plans to complete, expert disclosures and production of the reports is
premature because these disclosures and reports would lack the data generated from the
investigative study and, as a result, these reports would be incomplete. Such a result would create
needless work and expense to the parties.
The participating partiesi appearing in the above-entitled action due hereby stipulate to
extend the deadline to disclose experts and produce reports from September 13, 2013 to March
12, 2014 and rebuttal experts and production of rebuttal expert reports from November 15, 2013
to May 10, 2014.
SO STIPULATED.

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DATED: September 4, 2013

/s/ Jason A. rose
Chad N. Dunigan
Jason A. Rose
Attorneys for Defendants/Cross-Complainants/
Third Party Plaintiffs, THE DAVIS CENTER, LLC;
EMILY STOVER, Individually and as Trustee of the
STOVER FAMILY TRUST and as Personal Representative
for Melvin Stover (Deceased); and RICHARD ALBERT
STINCHFIELD, Individually and as Trustee of the
ROBERT S. STINCHFIELD SEPARATE REAL
PROPERTY TRUST and as Trustee of the BARBARA
ELLEN STINCHFIELD TESTAMENTARY TRUST

DATED: September _5, 2013

/s/ Jeffory J. Scharff
Jeffory J. Scharff
Attorney for Potter Taylor & Company, and it
predecessors-in-interest: Potter, Long, Adams & Taylor,
Ltd.; Davis Center; Potter-Taylor, Inc.; and Potter Taylor &
Scurfield, Inc.

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STIPULATION TO CONTINUE EXPERT DISCLOSURES AND PRODUCTION OF REPORTS

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DATED: September _5, 2013

/s/ Daniel W. Smith
Daniel W. Smith
Attorneys for Robert D. Russell (Deceased) and Irene
Russell.

DATED: September _4, 2013

/s/ Jennifer Hartman King
Jennifer Hartman King
Attorneys for the City of Davis

DATED: September _3, 2013

/s/ Olivia Marie Wright
Steven H. Goldberg
Olivia Marie Wright
Attorneys for Marie L. Whitcombe (Deceased)

DATED: September _3, 2013

/s/ S. Craig Hunter
S. Craig Hunter
Attorney for Charles H. Lewis and Jane W. Lewis
(Deceased)

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ORDER

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Pursuant to stipulation, it is hereby ordered that the parties must disclose experts and

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produce reports in accordance with Federal Rule of Civil Procedure 26(a)(2) by no later than

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March 12, 2014. Experts whose testimony is intended solely for rebuttal must be disclosed and

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reports produced in accordance with Federal Rule of Civil Procedure 26(a)(2) on or before May

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10, 2014.

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SO ORDERED.

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DATED: September 18, 2013

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i

Jung Hang Suh, Soo Jung Suh, and Jung K. Seo have not participated in this case for years and are not part of the
group of parties that is directly involved in trying to resolve this matter.

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STIPULATION TO CONTINUE EXPERT DISCLOSURES AND PRODUCTION OF REPORTS