PG&E Company v. Jesse M. Lange Distributor Inc., et al

Filing 89

ORDER signed by Judge John A. Mendez on 2/17/09 ORDERING that the Scheduling Order in this action is modified as follows: Percipient discovery cut-off is continued from March 16 to May 15, 2009. All other Pretrial dates are unchanged. (Mena-Sanchez, L)

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M. Taylor Florence, SBN 159695 E-Mail: [e-mail] Kevin Hughey, SBN 197323 E-Mail: [e-mail] Krista J. Dunzweiler, SBN 227384 E-Mail: [e-mail] BULLIVANT HOUSER BAILEY PC 1415 L Street, Suite 1000 Sacramento, California 95814 Telephone: [phone] Facsimile: 916.930.2501 Attorneys for Defendants JESSE M. LANGE DISTRIBUTOR, INC., JOHN CROWSTON, REBECCA CROWSTON UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION PACIFIC GAS and ELECTRIC COMPANY, Plaintiff, vs. Case No.: 2:05-CV-01180-JAM-KJM JOINT APPLICATION OF ALL PARTIES FOR MODIFICATION OF THE SCHEDULING ORDER; ORDER THEREON

JESSE M. LANGE DISTRIBUTOR, INC., ET 16 AL., 17 18 19 20 21 22 23 24 25 26 27 28 Defendants.

All parties, by their undersigned counsel, hereby jointly apply for an order modifying the Scheduling Order entered by this Court on December 1, 2006, and modified on or about October 24, 2007, and again on May 12, 2008, so as to continue the date for completion of percipient discovery. WHEREAS, upon order of the Regional Water Quality Control Board, defendant Jesse M. Lange Distributors has initiated and continues with site characterization and remediation activities on both its property and that of plaintiff's. Additional characterization activities are necessary to further define and evaluate the scope of contamination and most effective means by which to continue remediation.

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JOINT APPLICATION FOR RELIEF FROM SCHEDULING ORDER

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WHEREAS, simultaneously with the above, the parties have been and continue to be engaged in productive settlement discussions regarding plausible scenarios for informal resolution of this complex environmental matter. WHEREAS, trial is scheduled for December 7, 2009, with percipient discovery cut-off set for March 16. WHEREAS, the parties desire to continue site characterization and remediation efforts, and settlement discussions, without having to shift all available resources to completing percipient discovery by March 16, and therefore wish to extend percipient discovery to May 15, 2009. NOW THEREFORE, the parties hereby jointly apply for relief from the current Scheduling Order as follows: Continuation of percipient discovery cut-off from March 16 to May 15, 2009.

DATED: February 16, 2009

ROPERS, MAJESKI, KOHN & BENTLEY

By ________/S/__________________________ Thomas H. Clarke, Jr. Timothy A. Dolan Attorneys for Plaintiff PACIFIC GAS AND ELECTRIC COMPANY DATED: February 17, 2009 BULLIVANT HOUSER BAILEY PC

By ________/S/__________________________ M. Taylor Florence Kevin Hughey Krista J. Dunzweiler Attorneys for Defendants JESSE M. LANGE DISTRIBUTOR, INC., JOHN CROWSTON, REBECCA CROWSTON

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JOINT APPLICATION FOR RELIEF FROM SCHEDULING ORDER

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11271209.1

DATED: February 11, 2009

MUNGER TOLLES & OLSON, LLP By ________/S/__________________________ Patrick J. Cafferty, Jr. Hojoon Hwang Attorneys for Defendant SHELL OIL COMPANY

DATED: February 11, 2009

NEVIN, RAMOS & STEELE By ________/S/__________________________ Geoffrey Wm. Steele Attorneys for Defendants CENTER LAND COMPANY OF TEXAS, INC. and MICHAEL CURRY

ORDER Upon consideration of the foregoing Application, and good cause appearing therefrom, it is hereby ORDERED that the Scheduling Order in this action is modified as follows: Percipient discovery cut-off is continued from March 16 to May 15, 2009. All other pretrial dates are unchanged.

IT IS SO ORDERED.

DATED: February 17, 2009 /s/ John A. Mendez________________ HON. JOHN A. MENDEZ UNITED STATES DISTRICT JUDGE

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JOINT APPLICATION FOR RELIEF FROM SCHEDULING ORDER

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