Eckert v. Sacramento

Filing 46

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 2/3/09 ORDERING that the Expert Witness Designation and Report deadline is CONTINUED from 1/17/09 to 5/17/2009, and the rebuttal Expert Witness Designation and Report deadline is CONTINUED from 2/17/09 to 6/17/09. All other dates shall remain the same. (Mena-Sanchez, L)

1 LINDA CLAXTON, State Bar No. 125729 2 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 3 Los Angeles, California 90071 4 Facsimile:
Telephone: [phone] [phone] 633 West Fifth Street, 53rd Floor [e-mail]

5 GREGORY C. CHENG, State Bar No. 226865 6 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 7 One Market Plaza 8 Telephone: 9
Steuart Tower, Suite 1300 San Francisco, California 94105 [phone] Facsimile: [phone] Attorneys for Defendant [e-mail]

10 UNION PACIFIC RAILROAD COMPANY 11 12 13 14 15 16 17 18 19 20 21 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 ///
Stipulation and Proposed Order

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA PETER ECKERT, Plaintiff, v. CITY OF SACRAMENTO, UNION PACIFIC RAILROAD COMPANY, Defendants. Case No. 2:07-cv-00825-GEB-GGH STIPULATION AND [PROPOSED] ORDER CONTINUING THE EXPERT DISCLOSURE AND REBUTTAL EXPERT DISCLOSURE DEADLINES Action Filed: Trial Date: May 1, 2007 January 26, 2010

1 CASE NO. 2:07-cv-00825-GEB-GGHT STIPULATION AND [PROPOSED] ORDER CONTINUING THE EXPERT DISCLOSURE AND REBUTTAL EXPERT DISCLOSURE DEADLINES

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STIPULATION IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff Peter Eckert

3 ("Plaintiff") and his attorneys of record, Thomas N. Stewart, III, attorney at law, Defendant City of 4 Sacramento (the "City"), by its attorneys of record, by David S. Womack, Deputy City Attorney, 5 and Defendant Union Pacific Railroad Company ("Union Pacific"), by its attorneys of record 6 Ogletree, Deakins, Nash, Smoak & Stewart, P.C., by Gregory C. Cheng, attorney at law, that the 7 following Stipulation may be entered as an Order by the Court to give effect to the stipulations set 8 forth below: 9 10
1. 2. WHEREAS, Plaintiff Peter Eckert filed his initial Complaint on May 1, 2007; WHEREAS, on or about January 24, 2008, Defendant Union Pacific Railroad

11 Company was served with the First Amended Complaint; 12
3. WHEREAS, on April 16, 2008, this Court modified the Pretrial Scheduling Order

13 ("PSO") pursuant to the parties' stipulation and ordered the following dates: Discovery due by 14 June 17, 2009; Last Hearing Date for Law and Motion heard by August 17, 2009; Designation of 15 Expert Witnesses and Reports due by January 17, 2009; Rebuttal Expert Witnesses and Reports 16 due by February 17, 2009; Final Pretrial Conference set for October 26, 2009 at 1:30 p.m.; and 17 Trial set for January 26, 2010; 18
4. WHEREAS, counsel for all Parties have been engaged in several discussions

19 regarding the potential legal role of each defendant, possible settlement, what Plaintiff believes is 20 required with regard to remediation, and practical ramifications which may arise in the future; 21
5. WHEREAS, but because of the nature of the lawsuit, Defendants require additional

22 time to assess its individual liability as well as the legal and practical ramifications of the different 23 settlement options which involve various state agencies not involved in this lawsuit; 24
6. WHEREAS, there is a strong likelihood that if the Parties have an additional 120

25 days to designate an expert and prepare a report, they will have a realistic opportunity to resolve 26 this dispute, informally or through mediation, without the need for a trial. At this juncture, 27 however, having to incur additional expenses to retain an expert and submit a report would 28 undermine the Parties' progress in attaining potential resolution;
Stipulation and Proposed Order

2 CASE NO. 2:07-cv-00825-GEB-GGHT STIPULATION AND [PROPOSED] ORDER CONTINUING THE EXPERT DISCLOSURE AND REBUTTAL EXPERT DISCLOSURE DEADLINES

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7.

WHEREAS, Defendants agree to make a proposal for resolution to Plaintiff on or

2 before March 31, 2009; 3
8. WHEREAS, the Parties will participate in a settlement conference within 60 days

4 of March 31, 2009; and 5
9. WHEREAS, the continuance of the expert and rebuttal expert designation and

6 report deadlines will not prejudice the current scheduled trial date of January 26, 2010. 7
NOW, THEREFORE, the Parties, through their respective counsel of record AGREE

8 AND HEREBY STIPULATE to continue the expert witness designation and report deadlines 9 from January 17, 2009 to May 17, 2009, and to continue the rebuttal expert witness designation 10 and report deadline from February 17, 2009 to June 17, 2009. All other dates shall remain the 11 same. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Stipulation and Proposed Order

DATED: January 15, 2009

LAW OFFICES OF THOMAS N. STEWART, III

By: /s/ Thomas Stewart Thomas N. Stewart, III Attorneys for Plaintiff PETER ECKERT DATED: January 12, 2009 SACRAMENTO CITY ATTORNEY'S OFFICE

By: /s/ David Womack David S. Womack Attorneys for Defendant CITY OF SACRAMENTO

3 CASE NO. 2:07-cv-00825-GEB-GGHT STIPULATION AND [PROPOSED] ORDER CONTINUING THE EXPERT DISCLOSURE AND REBUTTAL EXPERT DISCLOSURE DEADLINES

1 DATED: January 15, 2009 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Stipulation and Proposed Order

OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.

By: /s/ Gregory Cheng Gregory C. Cheng Attorneys for Defendant UNION PACIFIC RAILROAD COMPANY

ORDER IT IS ORDERED that the expert witness designation and report deadline is continued from January 17, 2009 to May 17, 2009, and the rebuttal expert witness designation and report deadline is continued from February 17, 2009 to June 17, 2009. All other dates shall remain the same.

2/3/09 GARLAND E. BURRELL, JR. United States District Judge

4 CASE NO. 2:07-cv-00825-GEB-GGHT STIPULATION AND [PROPOSED] ORDER CONTINUING THE EXPERT DISCLOSURE AND REBUTTAL EXPERT DISCLOSURE DEADLINES