Lewis, et al v. Russell, et al

Filing 481

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 6/15/2015 ORDERING 480 Disclosure of Expert Witnesses due by 3/14/2016; Rebuttal experts and production of rebuttal expert reports 5/10/2016; Discovery due by 9/21/2016; Dispositive M otions filed by 12/23/2016; Final Pretrial Conference Reset for 2/27/2017 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; and Jury Trial Reset for 4/25/2017 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Reader, L)

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Chad N. Dunigan (SBN 204946)
William J. Ferguson (SBN 245864)
KOELLER, NEBEKER, CARLSON & HALUCK, LLP
1478 Stone Point Drive, Suite 400
Roseville, CA 95661
[phone]
[phone] Facsimile
[e-mail]
[e-mail]

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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-03-264 6 WBS KJM

Plaintiff,

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v.

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STIPULATION TO EXTEND
DISCOVERY, DISCLOSURE, TRIAL
AND OTHER DEADLINES SET FORTH
IN THE PRETRIAL SCHEDULING
ORDER AND [PROPOSED] ORDER
THEREON

ROBERT RUSSELL, et al.,

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Defendants.

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Trial Date: September 20, 2016

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AND RELATED CROSS-ACTIONS.

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THE DAVIS CENTER, LLC; EMILY STOVER, Individually and as Trustee of the STOVER

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FAMILY TRUST and as Personal Representative for Melvin Stover (Deceased); and RICHARD

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ALBERT STINCHFIELD, Individually and as Trustee of the ROBERT S. STINCHFIELD

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SEPARATE REAL PROPERTY TRUST and as Trustee of the BARBARA ELLEN STINCHFIELD

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TESTAMENTARY TRUST (collectively the “Davis Center”); Potter Taylor & Company, and its

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predecessors-in-interest : Potter, Long, Adams & Taylor, Ltd.; Davis Center; Potter-Taylor, Inc.; and

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STIPULATION TO EXTEND DISCOVERY AND LITIGATION DEADLINES - Case No. 2:03-CV-02646 WBS AC

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Potter Taylor & Scurfield, Inc.; Robert D. Russell (Deceased) and Irene Russell; the City of Davis;

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Marie L. Whitcombe (Deceased); and Charles H. Lewis and Jane W. Lewis (Deceased) (collectively

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the “Participating Parties”) are parties to the above-captioned matter. The Davis Center previously

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moved to amend the scheduling order (Docket No. 447) and the Participating Parties stipulated to

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extend the deadlines to disclose experts (Docket No. 458) in order to provide the Davis Center with

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sufficient time to complete an investigative study to determine the efficacy of a potential site remedy.

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The Court entered Orders granting the Motion (Docket No. 457) and approving the Stipulation

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(Docket No. 460). The Participating Parties entered into a further stipulation to amend the scheduling

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order to allow time to produce and compile data associated with the investigative study (Docket No.

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472). The Court entered an Order approving the Stipulation (Docket No. 474). The Participating

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Parties entered into a further stipulation to amend the scheduling order to allow time to produce and

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compile additional data associated with the site investigation (Docket No. 475). The Court entered an

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Order approving the Stipulation (Docket No. 477). The Participating Parties entered into a further

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stipulation to amend the scheduling order to allow time to develop a cost estimate and work plan for

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the proposed remediation (Docket No. 478). The Court entered an Order approving the Stipulation

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(Docket No. 479).

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The field portion of the site investigation necessary to determine an appropriate remedy has

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been completed, and the data from that study has been compiled and analyzed. The Davis Center

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presented the results of the investigation to Central Valley Regional Water Quality Control Board

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(“Regional Board”) staff and received preliminary approval for its proposed remedial approach for the

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site at issue. Some of the Participating Parties have been and are still working together to develop a

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cost estimate and work plan for the proposed remediation. The work plan will need to be approved by

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the Regional Board, which could take several months. Also, the Participating Parties are discussing

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possible mediation after the work plan has been approved, in an effort to resolve the case. The

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preparation of the aforementioned cost estimate and work plan is underway, but has taken longer than

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originally anticipated.

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In light of the foregoing and due to upcoming expert disclosure and discovery deadlines,

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proceeding toward trial on the current schedule would unnecessarily waste the parties’ resources on

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STIPULATION TO EXTEND DISCOVERY AND LITIGATION DEADLINES - Case No. 2:03-CV-02646 WBS AC

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litigation instead of allowing the parties to focus their resources on coordinating with one another to

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prepare a work plan, obtain Regional Board approval, and participate in settlement negotiations.

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Therefore, the Participating Parties appearing in the above-entitled action hereby stipulate to extend

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the following deadlines six months:

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1.

Disclosure of experts and production of reports: no later than March 14, 2016;

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Rebuttal experts and production of rebuttal expert reports: no later than May 10, 2016;

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Discovery deadlines: no later than September 21, 2016;

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Motion deadline: no later than December 23, 2016;

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Final pretrial conference on February 20, 2017 or such time that is convenient for the

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Court;

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6.

Jury Trial on April 24, 2017, or such time that is convenient for the Court.

SO STIPULATED.

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DATED: June 2, 2015

KOELLER, NEBEKER, CARLSON &
HALUCK, LLP

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/s/ William F. Ferguson_________________
William J. Ferguson
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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STIPULATION TO EXTEND DISCOVERY AND LITIGATION DEADLINES - Case No. 2:03-CV-02646 WBS AC

DATED: June 2, 2015

KING WILLIAMS & GLEASON LLP

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_/s/ Jennifer Hartman King________________
Jennifer Hartman King
Shelby M. Gatlin
Attorneys for Defendant, Cross-Complainant
and Cross-Defendant CITY OF DAVIS

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DATED: June 2, 2015

LAW OFFICES OF JEFFORY J. SCHARFF

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_/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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DATED: June 2, 2015

LAW OFFICES OF DANIEL W. SMITH

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

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DATED: June 2, 2015

DOWNEY BRAND LLP

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

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LAW OFFICES OF S. CRAIG HUNTER

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DATED: June 2, 2015
_/s/ S. Craig Hunter_______________________
S. Craig Hunter
Attorney for Charles H. Lewis and Jane W.
Lewis (Deceased)

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STIPULATION TO EXTEND DISCOVERY AND LITIGATION DEADLINES - Case No. 2:03-CV-02646 WBS AC

ORDER

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For good cause and pursuant to the above stipulation of the Participating Parties, IT IS
HEREBY ORDERED that:

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Disclosure of experts and production of reports must occur no

later than March 14, 2016;
2.

Rebuttal experts and production of rebuttal expert reports must occur no later than
May10, 2016;

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1.

3.

All discovery must be completed no later than September 21, 2016;

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All motions to be filed no later than December 23, 2016;

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Final pretrial conference is reset to February 27, 2017 at 2:00 p.m.;

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Jury trial is set for April 25, 2017 at 9:00 a.m.

IT IS SO ORDERED.
Dated: June 15, 2015

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STIPULATION TO EXTEND DISCOVERY AND LITIGATION DEADLINES - Case No. 2:03-CV-02646 WBS AC