USA v. Sterling Centrecorp Inc. et al

Filing 241

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr., on 8/19/15 ORDERING that the pretrial deadlines are EXTENDED as follows: Designation of experts and exchange of expert reports 10/2/2015; Designation of supplemental experts 11/13/2015; Close of expert discovery 12/4/2015; Last date for hearing dispositive motions - 4/14/2016. (Kastilahn, A)

1
2
3
4
5
6
7
8

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]
Attorneys for Defendant
Sterling Centrecorp Inc.
Additional Counsel listed on following page.

9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

11

SACRAMENTO DIVISION

12
13

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

14
15
16
17
18

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,
AND HEARING DATE FOR DISPOSITIVE
MOTIONS (PHASE II)
Trial Date: July 18, 2016
Judge:
Hon. Morrison C. England, Jr.
[Complaint Filed: October 27, 2008]

19
20
21
22
23
24
25
26
27
28
Stipulation and Order Extending Time for Designation of Experts and Exchange of Expert Reports, and Hearing Date for
Dispositive Motions (Phase II); Case No. 2:08-cv-02556-MCE-JFM

1
1
2
2
3
3
4
4
5
5
6
6
7
7
8
8
9
9
10
10
11
11
12
12
13
13
14
14
15
15
16
16
17
17
18
18

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
TIMOTHY E. SULLIVAN (CA Bar No. 197054)
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

19
19
20
20
21
21
22
22
23
23
24
24
25
25
26
26
27
27
28
28
-2Stipulation and Order Extending Time for Designation of Experts and Exchanged of Expert Reports, and Hearing Date
for Dispositive Motions (Phase II); Case No. 2:08-cv-02556-MCE-JFM

1
1
2
2

STIPULATION EXTENDING TIME FOR EXCHANGE OF EXPERT REPORTS AND
HEARING DATE FOR DISPOSITIVE MOTIONS

3
3

WHEREAS, on July 1, 2015, the Court entered the Amendment to the Phase II Pretrial

4
4

Scheduling Order (ECF No. 238) extending to September 10, 2015, the last day on which all parties

5
5

to the above-captioned action are to serve on all other parties the name, address, and area of

6
6

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

7
7

WHEREAS, Plaintiffs United States of America, on behalf of the Environmental Protection

8
8

Agency (“EPA”), and the California Department of Toxic Substances Control (“DTSC”)

9
9

(collectively “Plaintiffs”) have continued to produce large volumes of documents in response to the

10
10

May 11, 2015 document requests of Defendant Sterling Centrecorp, Inc. (“Sterling”); and

11
11

WHEREAS, at the time the Parties sought the extension of expert disclosures to September

12
12

10, the Parties expected that Plaintiffs’ document production would conclude by July 31, 2015; and

13
13
14
14

WHEREAS, on July 31, 2015, Sterling received over 25,000 pages of documents from
Plaintiffs; and

15
15

WHEREAS, because of a bates-numbering error, DTSC will need to re-produce 36

16
16

documents comprising 4,700 pages produced on July 31, which production should occur by August

17
17

18; and

18
18

WHEREAS, in mid-July, in the course of reviewing electronically-stored information, the

19
19

United States discovered that documents generated with EPA’s now-replaced email system could not

20
20

be accessed with its current system and it was necessary for EPA to devise a means of accessing

21
21

those documents; and

22
22

WHEREAS, on August 4, 2015, the United States advised that a means had been devised to

23
23

access the EPA documents and 72 additional responsive documents were received by Sterling on

24
24

August 13; and

25
25

WHEREAS, Sterling cannot reasonably review and analyze all of the documents recently

26
26

produced and the documents still to be re-produced in time to allow its experts to incorporate any

27
27

relevant information and still meet the current September 10 deadline for exchange of expert reports;

28
28

and
-3Stipulation and Order Extending Time for Designation of Experts and Exchanged of Expert Reports, and Hearing Date
for Dispositive Motions (Phase II); Case No. 2:08-cv-02556-MCE-JFM

1
1
2
2

WHEREAS, Sterling expects that it will need until October 2, 2015, a 22-day extension of
the current deadline, to designate experts and exchange expert reports; and

3
3

WHEREAS, postponing the initial disclosure of experts will necessitate extending the

4
4

deadline for designating supplemental experts and extending by approximately two weeks the

5
5

deadline for completing expert discovery; and

6
6
7
7

WHEREAS, the Parties agree that the complexity of issues that may be addressed in
dispositive motions merits extending the briefing schedule set by the local rules; and

8
8
9
9
10
10

WHEREAS, the Parties agree that a four-week extension of the March 17, 2016, date for
hearing dispositive motions does not necessitate changing the dates for trial, the final pre-trial
conference or other related deadlines.

11
11

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

12
12

and respectfully request that Court vacate the current deadlines for the disclosure of experts, the

13
13

disclosure of supplemental experts, the close of expert discovery, and the date for hearing dispositive

14
14

motions and adopt the following dates:

15
15

Designation of experts and exchange of expert reports – October 2, 2015;

16
16

Designation of supplemental experts – November 13, 2015;

17
17

Close of expert discovery – December 4, 2015;

18
18

Last date for hearing dispositive motions – April 14, 2016.

19
19

///

20
20

///

21
21

///

22
22

///

23
23

///

24
24

///

25
25

///

26
26

///

27
27

///

28
28

///
-4Stipulation and Order Extending Time for Designation of Experts and Exchanged of Expert Reports, and Hearing Date
for Dispositive Motions (Phase II); Case No. 2:08-cv-02556-MCE-JFM

1
1

SO STIPULATED.

2
2
3
3

For Plaintiff United States of America

4
4

DATED: August 14, 2015

5
5
6
6
7
7
8
8
9
9
10
10

For Plaintiff Department of Toxic Substances Control

11
11

KAMALA D. HARRIS
Attorney General of California
SUSAN FIERING
Supervising Deputy Attorney General

12
12
13
13
14
14

DATED: August 14, 2015

15
15
16
16
17
17
18
18
19
19

/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
P.O. Box 7611
Washington, DC 20044

/s/ Timothy E. Sullivan
TIMOTHY E. SULLIVAN
Deputy Attorney General
1515 Clay St., 20th Floor
P.O. Box 70550
Oakland, CA 94612

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.

20
20

For Defendant Sterling Centrecorp, Inc.

21
21

DATED: August 14, 2015

22
22
23
23

/s/ Gary J. Smith
GARY J. SMITH
Beveridge & Diamond, P.C.
456 Montgomery Street , Suite 1800
San Francisco, CA 94104

24
24
25
25
26
26
27
27
28
28
-5Stipulation and Order Extending Time for Designation of Experts and Exchanged of Expert Reports, and Hearing Date
for Dispositive Motions (Phase II); Case No. 2:08-cv-02556-MCE-JFM

1
1

ORDER

2
2
3
3
4
4

In view of this Stipulation, the Court finds that good cause exists for issuance of an Order
extending pretrial deadlines as follows:

5
5

Designation of experts and exchange of expert reports – October 2, 2015;

6
6

Designation of supplemental experts – November 13, 2015;

7
7

Close of expert discovery – December 4, 2015;

8
8

Last date for hearing dispositive motions – April 14, 2016.

9
9

IT IS SO ORDERED

10
10
11
11

Dated: August 19, 2015

12
12
13
13
14
14
15
15
16
16
17
17
18
18
19
19
20
20
21
21
22
22
23
23
24
24
25
25
26
26
27
27
28
28
-6Stipulation and Order Extending Time for Designation of Experts and Exchanged of Expert Reports, and Hearing Date
for Dispositive Motions (Phase II); Case No. 2:08-cv-02556-MCE-JFM