Swenson v. Siskiyou County et al
Filing
166
STIPULATION and ORDER signed by Judge John A. Mendez on 1/30/14: The deadline to complete certain percipient witness depositions and expert depositions reset to March 14, 2014. Defendants time to respond to currently outstanding written discovery extended to February 14, 2014. The time for defendants to respond to the written discovery shall be extended to February 14, 2014. (Kaminski, H)
1 THERESE Y. CANNATA (SBN 88032)
JOSHUA R. GARBER (SBN 283643)
2 CANNATA, CHING & O’TOOLE LLP
100 Pine Street, Suite 350
3 San Francisco, CA 94111
Telephone: (415) 409-8900
4 Facsimile: (415) 409-8904
5 Attorneys for Plaintiff
STANLEY SWENSON
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PHILIP B. PRICE (SBN 32620)
7 PRICE & BROWN
466 Vallombrosa Avenue
8 P.O. Box 1420
Chico, CA 95927
9 Telephone: (530) 343-4412
Facsimile: (530) 343-7251
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BRIAN L. MORRIS (SBN 222650)
11 Siskiyou County Counsel
P.O. Box 659
12 Yreka, CA 96097
Telephone: (530) 842-8100
13 Facsimile: (530) 842-7032
14 Attorneys for Defendants
SISKIYOU COUNTY, SISKIYOU COUNTY PLANNING
15 COMMISSION, LAVADA ERICKSON, FRANK DEMARCO,
DON LANGFORD, BILL HOY, MARCIA ARMSTRONG, JIM
16 COOK, RON STEVENS, JEFF FOWLE, CHRIS LAZARIS,
MIKE MCMAHON, BRIAN MCDERMOTT, LARRY ALLEN,
17 AND PETE KNOLL
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
STANLEY SWENSON, an individual,
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CASE NO.: 2:08-CV-1675 JAM CMK PS
Plaintiff,
STIPULATION TO RESET EXPERT
DISCLOSURE DATES AND DISCOVERY
CUT-OFF; (PROPOSED) ORDER
_____________________________________/
v.
SISKIYOU COUNTY, et al.,
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Defendants.
___________________________________/
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-1STIPULATION AND ORDER RE DISCOVERY
1
Plaintiff Stanley Swenson and defendants Siskiyou County, Siskiyou County Planning
2 Commission, Lavada Erickson, Frank Demarco, Don Langford, Bill Hoy, Marcia Armstrong, Jim
3 Cook, Ron Stevens, Jeff Fowle, Chris Lazaris, Mike Mcmahon, and Brian Mcdermott
4 (collectively “the Parties”), by and through their respective counsel, hereby stipulate and agree as
5 follows:
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WHEREAS the Court’s Status (Pre-Trial Scheduling) Order (Document 154) set (1) the
7 last day to exchange expert witness disclosures under Federal Rules of Civil Procedure, Rule
8 26(a)(2) by December 13, 2013; and (2) the last day to exchange supplemental disclosure and
9 disclosure of rebuttal experts under Federal Rules of Civil Procedure, Rule 26(a)(2)(c) by
10 December 20, 2013.
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WHEREAS the Court’s Status (Pre-Trial Scheduling) Order (Document 154) set February
12 14, 2014 as the deadline to complete all discovery, including written and deposition discovery.
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WHEREAS the Parties met and conferred about extending these dates in order to permit
14 an orderly completion of expert and percipient discovery, and thus wish to extend the deadlines
15 for expert witness disclosures and certain other discovery.
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WHEREAS the Parties have completed expert disclosure in December 2013 and January
17 2013, but neglected to seek Court approval in advance of moving these dates, and now
18 respectfully request that this Court confirm the revised schedule.
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WHEREAS the Parties wish to move the deadline to complete certain percipient witness
20 depositions and expert depositions to March 14, 2014.
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WHEREAS, the Parties wish to extend defendants time to respond to currently
22 outstanding written discovery by two days, to February 14, 2014.
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WHEREAS, these extensions will not impact the ability of the Parties to timely complete
24 discovery, including expert discovery in this matter, and comply with the other deadlines set by
25 the Court in the Pretrial Scheduling Order, including the Pretrial Conference and the Trial.
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The Parties stipulate and agree as follows:
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1.
Regarding Expert Disclosures: Plaintiff shall disclose experts no later than
28 December 19, 2013 (done). Defendants shall disclose experts no later than January 10, 2014
(done). The Parties shall make supplemental expert disclosures no later than January 30, 2014.
-2STIPULATION AND ORDER RE DISCOVERY
1
2.
Regarding the Discovery Cut Off: The parties agree to complete certain percipient
2 witness depositions and expert depositions by March 14, 2014. In this regard, the parties agree to
3 serve notices for all remaining depositions, including those of experts, after meeting and
4 conferring on the dates and places thereof, no later than February 14, 2014.
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3.
Outstanding Written Discovery: The time for defendants to respond to the written
6 discovery served (by mail) on them on January 10, 2014, and otherwise due on February 12, 2014,
7 shall be extended to February 14, 2014.
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9 SO STIPULATED.
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Dated: January 30, 2014
CANNATA, CHING & O’TOOLE LLP
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/s/ Therese Y. Cannata
THERESE Y. CANNATA
Attorneys for plaintiff Stanley Swenson
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Dated: January 30, 2014
PRICE & BROWN
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/s/ Philip B. Price
PHILIP B. PRICE
Attorneys for defendants Siskiyou County, Siskiyou County
Planning Commission, LaVada Erickson, Frank Demarco,
Don Langford, Bill Hoy, Marcia Armstrong, Jim Cook, Ron
Stevens, Jeff Fowle, Chris Lazaris, Mike McMahon, Brian
McDermott, Larry Allen and Pete Knoll
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ORDER APPROVING STIPULATION
FOR GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that the terms set forth
in the above Stipulation are confirmed by this Court.
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26 DATED: 1/30/2014
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/s/ John A. Mendez
Honorable John A. Mendez
Judge of the United States
District Court, Eastern District of California
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-3STIPULATION AND ORDER RE DISCOVERY
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