USA v. Sterling Centrecorp Inc. et al

Filing 238

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 7/1/15 extending the time for the Parties to serve on all other parties the name, address, and area of expertise of each expert they propose to tender at trial, and produce a written report prepared and signed by each expert witness, to September 10, 2015. (Kaminski, H)

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Gary J. Smith (State Bar No. 141393)
([e-mail])
Andrew C. Mayer (State Bar No. 287061)
([e-mail])
BEVERIDGE & DIAMOND, P.C.
456 Montgomery Street, Suite 1800
San Francisco, CA 94104-1251
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
Sterling Centrecorp Inc.

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Additional Counsel listed on following page.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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UNITED STATES OF AMERICA, and
CALIFORNIA DEPARTMENT OF TOXIC
SUBSTANCES CONTROL,

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Plaintiffs,
vs.
STERLING CENTRECORP INC., STEPHEN P.
ELDER, and ELDER DEVELOPMENT, INC.,
Defendants.

Case No. 2:08-cv-02556-MCE-JFM
STIPULATION AND ORDER EXTENDING
TIME FOR DESIGNATION OF EXPERTS
AND EXCHANGE OF EXPERT REPORTS
(PHASE II)
Trial Date: July 18, 2016
Judge:
Hon. Morrison C. England, Jr.
[Complaint Filed: October 27, 2008]

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_________________________________________________________________________________________________
Stipulation and Order Extending Time for Designation of Experts and Exchange of Expert Reports;
Case No. 2:08-cv-02556-MCE-JFM

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PATRICIA L. HURST (DC Bar No. 438882)
Senior Counsel
GABRIEL ALLEN (GA Bar No. 740737)
Trial Attorney
Environmental Enforcement Section
PAUL CIRINO (NY Bar No. 2777464)
Trial Attorney
Environmental Defense Section
Environment & Natural Resources Division
U.S. Department of Justice
P.O. Box 7611
Washington, DC 20044
[phone] / [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff
United States of America
KAMALA D. HARRIS
Attorney general of California
SUSAN FIERING
Supervising Deputy Attorney general
KIRK McIINNIS (CA Bar No. 130952
Deputy Attorney General
California Department of Justice
Office of the Attorney General
1515 Clay St., 20th Fl.,
Oakland, CA 94612
[e-mail]
Attorneys for Plaintiff
California Department of Toxic Substances Control

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-2Stipulation and Order Extending Time for Designation of Experts and Exchange of Expert Reports;
Case No. 2:08-cv-02556-MCE-JFM

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STIPULATION EXTENDING TIME FOR EXCHANGE OF EXPERT REPORTS
WHEREAS, the Court’s Phase II Pretrial Scheduling Order (ECF No. 229) set the last day on

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which all parties to the above-captioned action are to serve on all other parties the name, address,

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and area of expertise of each expert that they propose to tender at trial, and exchange expert reports,

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as August 11, 2015, and;

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WHEREAS, as part of its initial disclosures made pursuant to Federal Rule of Procedure

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26(a) and the Court’s Phase II Pretrial Scheduling Order, Plaintiffs United States of America, on

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behalf of the Environmental Protection Agency, and the California Department of Toxic Substances

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Control (collectively “Plaintiffs”) submitted a large volume of documents to Defendant Sterling

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Centrecorp, Inc. (“Sterling”) via several disks, the last of which was received by Sterling on March

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10, 2015, and;

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WHEREAS, on May 11, 2015, after undertaking a partial review of the documents submitted

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by Plaintiffs as part of their initial disclosures (which review is ongoing), Sterling propounded

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several discovery requests on Plaintiffs, and;

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WHEREAS, Plaintiffs and Sterling met and conferred with regard to Sterling’s discovery

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requests, and have agreed that Plaintiffs will produce documents responsive to Sterling’s requests on

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a rolling basis, which production is unlikely to be concluded before late July 2015, and;

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WHEREAS, Sterling anticipates that its expert witness will require additional time to review
the documents produced by Plaintiffs in response to Sterling’s discovery requests, and;
WHEREAS, a thirty-day extension of time for designation of experts and exchange of expert

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reports will not require additional time for expert discovery; should this Stipulation be granted, the

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November 18, 2015 cutoff for expert discovery set by the Court’s Phase II Pretrial Scheduling Order

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shall continue to govern; and

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WHEREAS, a thirty-day extension of time for designation of experts and exchange of expert

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reports will carry this deadline past the existing deadline for fact discovery, obviating the need for

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experts to supplement reports if new facts are disclosed or discovered after the existing deadline for

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expert disclosure and exchange of expert reports.

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-3Stipulation and Order Extending Time for Designation of Experts and Exchange of Expert Reports;
Case No. 2:08-cv-02556-MCE-JFM

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NOW THEREFORE, Plaintiffs and Sterling (collectively, “Parties”) hereby jointly stipulate

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and respectfully request that the last day the Parties may serve on all other Parties the name, address,

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and area of expertise of each expert they propose to tender at trial, and produce a written report

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prepared and signed by each expert witness, be moved back thirty days, to September 10, 2015.

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SO STIPULATED.
For Plaintiff United States of America

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6/29/2015
DATED

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For Plaintiff Department of Toxic Substances Control
EDMUND G. BROWN JR.
Attorney General of California
KEN ALEX
Senior Assistant Attorney General

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/s/ Patricia L. Hurst
PATRICIA L. HURST
GABRIEL ALLEN
Environmental Enforcement Section
PAUL CIRINO
Environmental Defense Section
Environment and Natural Resources Division
United States Department of Justice
301 Howard Street, Suite 1050
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]

6/29/2015
DATED

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/s/ Kirk McInnis
KIRK MCINNIS
Deputy Attorney General
1515 Clay St., 20th Floor
P.O. Box 70550
Oakland, CA 94612

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Counsel for Plaintiffs United States of America and Department of Toxic Substances Control
have authorized Defendant Sterling Centrecorp to file this Stipulation on behalf of these Parties;
Defendant Sterling Centrecorp will retain documents evidencing this authorization.

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For Defendant Sterling Centrecorp, Inc.

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6/29/2015
DATED

/s/ Gary J. Smith
GARY J. SMITH
Beveridge & Diamond, P.C.
456 Montgomery Street , Suite 1800
San Francisco, CA 94104
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Stipulation and Order Extending Time for Designation of Experts and Exchange of Expert Reports;
Case No. 2:08-cv-02556-MCE-JFM

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ORDER
In light of the Parties signed stipulation (ECF No. 237), the Court finds that good cause exists

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for issuance of an Order extending the time for the Parties to serve on all other parties the name,

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address, and area of expertise of each expert they propose to tender at trial, and produce a written

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report prepared and signed by each expert witness, to September 10, 2015.

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IT IS SO ORDERED.
Dated: July 1, 2015

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-5Stipulation and Order Extending Time for Designation of Experts and Exchange of Expert Reports;
Case No. 2:08-cv-02556-MCE-JFM