Arnold v. Virgin Sturgeon, Inc et al

Filing 33

STIPULATION and ORDER 32 for continuance signed by Magistrate Judge Dale A. Drozd on 2/5/08. Settlement Conference RE-SET for 3/20/2008 at 10:00 AM in Courtroom 27 (DAD). The deadline for plaintiff's to produce Revised Expert Report is CONTINUED to 3/28/08. Defendants will then have 14 days in which to serve Supplemental Rebuttal Report responding to plaintiff's revised Report. (Marciel, M)

Arnold v. Virgin Sturgeon, Inc et al

Doc. 33

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KATHLEEN E. FINNERTY (SBN 157638) MARC B. KOENIGSBERG (SBN 204265) GREENBERG TRAURIG, LLP 1201 K Street, Suite 1100 Sacramento, CA 95814-3938 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Defendants Virgin Sturgeon, Inc., Buffer Properties, and Laraine C. Patching

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

CONNIE ARNOLD,

) ) Plaintiff, ) ) v. ) ) VIRGIN STURGEON, INC.; VIRGIN ) ) STURGEON, LLC,; BUFFER ) PROPERTIES, LLC.; LARAINE C. PATCHING; and DOES 1-10, inclusive, ) ) Defendants. ) ) _________________________________ )

CASE NO. 2:07-CV-01600-WBS-DAD STIPULATION CONTINUING SETTLEMENT CONFERENCE AND REBUTTAL EXPERT DISCLOSURE AND ORDER THEREON

Plaintiff, CONNIE ARNOLD and Defendants VIRGIN STURGEON, INC., BUFFER PROPERTIES, LLC, LARAINE C. PATCHING and VIRGIN STURGEON, LLC ("Defendants"), by and through their designated counsel, stipulate as follows: 1. During the last several months, the parties have been engaging in

substantive settlement negotiations pertaining to the injunctive relief plaintiff seeks in this case. 2. The parties are making significant progress in resolving this case without

the need to seek the Court's guidance.

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3.

On or about December 7, 2007, plaintiff disclosed her expert Barry

Atwood and produced his report. Prior to that date, Ms. Patching retained expert Kim Blackseth who is well known to this Court. Ordinarily, Mr. Blackseth would have then traveled from his office in Oakland to Sacramento to inspect the facility and prepare a rebuttal report. However, Mr. Blackseth has been hospitalized on several occasions in the last ten weeks, and has been unable to travel. Mr. Atwood and plaintiff's counsel have been aware of Mr. Blackseth's recent health issues. 4. Mr. Blackseth is still recuperating, though he is being released from the

hospital on February 5, 2008. 5. Given the parties' cooperation and active settlement negotiations with

substantive progress, it is in the parties' and the Court's interest to continue the February 5, 2008, settlement conference to March 20, 2008, at 10:00 a.m. The parties are confident that the case can either be fully resolved by then, or the issues substantially narrowed, lessening or obviating the need for a Court-supervised settlement conference. 6. Moreover, given the parties' settlement negotiations, and Mr. Blackseth's

health challenges, the parties desire to continue until March 28, 2008, the disclosure of rebuttal experts and production of reports. Plaintiff may also serve an amended expert report at this time, as discovery is still in its earliest stages and plaintiff's expert's analysis may change depending on pending discovery. Defendants will then have 14 days in which to serve a supplemental rebuttal report responding to plaintiff's amended report. 7. Concurrent with the filing of this stipulation, the parties are also filing a

stipulation for Judge Shubb's review requesting a continuance of the close of discovery from March 28, 2008, to April 28, 2008, to allow the parties additional time to resolve this case without having to engage in what may be unnecessary and expensive discovery.
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IT IS SO STIPULATED. DATED: February 5, 2008 LAW OFFICES OF PAUL L. REIN By: /s/ Julie Ostil PAUL REIN JULIE OSTIL Attorney for Plaintiff Connie Arnold DATED: February 5, 2008 GREENBERG TRAURIG, LLP By: /s/ Marc B. Koenigsberg KATHLEEN E. FINNERTY MARC B. KOENIGSBERG Attorneys for Defendants Virgin Sturgeon, Inc., Buffer Properties, and Laraine C. Patching DATED: February 5, 2008 LINDSAY & STONEBARGER By: /s/ Gene Stonebarger Gene Stonebarger Attorney for Defendant Virgin Sturgeon, LLC ORDER Good cause appearing, the request of the parties to continue the Settlement Conference and the disclosure of rebuttal experts and their reports is GRANTED. The Settlement Conference is continued to March 20, 2008, at 10:00 a.m., and the deadline to disclose rebuttal experts and produce their reports, and for plaintiff to produce a revised expert report, is continued to March 28, 2008. Defendants will then have 14

days in which to serve a supplemental rebuttal report responding to plaintiff's revised report.
IT IS SO ORDERED. DATED: February 5, 2008.
______________________________________ DALE A. DROZD UNITED STATES MAGISTRATE JUDGE

Ddad1/orders.civil/arnold1600.stipord
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