Anthony et al v. Harmon et al

Filing 137

STIPULATION and ORDER signed by Magistrate Judge Kimberly J. Mueller on 10/7/10 ORDERING that the parties shall disclose experts and produce reports no later than 11/30/10; Expert testimony and reports intended solely for rebuttal purposes shall be disclosed and reports produced on or before 12/31/10; and all expert discovery shall be conducted so as to be completed by 2/28/11. (Becknal, R)

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JAMES J. BANKS (SBN 119525) ROBERTA LINDSEY SCOTT (SBN 117023) BANKS & WATSON Hall of Justice Building 813 6th Street, Suite 400 Sacramento, CA 95814-2403 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendants LARRY W. HARMON, FRANK CASTILLO, LARRY HARMON & ASSOCIATES, P.A., HARMON-CASTILLO, LLP and VITALIS PARTNERS, LLC UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

CARMELO ANTHONY, et al., Plaintiffs, v. LARRY HARMON, et al., Defendants.

CASE NO. 2:09-cv-02272-WBS-KJM STIPULATION AND ORDER TO MODIFY PRETRIAL SCHEDULING ORDER TO EXTEND DEADLINES PERTAINING TO EXPERT DISCOVERY AND EXPERT DISCOVERY CUT-OFF

This stipulation is made by and between plaintiffs Carmelo Anthony, Melo Enterprises, Inc. and Chosen One Properties, LLC ("Plaintiffs") and defendants Larry W. Harmon, Frank Castillo, Larry Harmon & Associates, P.A., Harmon-Castillo, LLP and Vitalis Partners, LLC ("Defendants"), in light of the following facts: RECITALS WHEREAS, this Court entered its Order re: Status (Pretrial Scheduling) Conference on January 8, 2010 ("Order"), Docket number 42; WHEREAS, pursuant to the Order, the parties are to disclose experts and to produce expert reports in accordance with Federal Rule of Civil Procedure 26(a)(2) no later than October 15, 2010 and

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STIPULATION AND ORDER TO MODIFY PRETRIAL SCHEDULING ORDER

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with regard to expert testimony intended solely for rebuttal on or before November 15, 2010 and with all discovery to be completed by January 10, 2011; WHEREAS, beginning on or about October 4, 2010, the parties have engaged in meaningful settlement negotiations but need additional time to determine whether a settlement can be reached in this case; WHEREAS, the parties desire to minimize expenditure of resources and reserve available moneys to settle their dispute rather than incur costs on expert reports and discovery at this time; WHEREAS, Plaintiffs and Defendants agree that it would be in their collective best interests to extend the current deadlines contained in the Order as follows: (a) The deadline to disclose experts and produce reports in accordance with Federal

Rule of Civil Procedure 26(a)(2) to be extended from October 15, 2010 to November 30, 2010; (b) The deadline to disclose expert testimony and produce reports intended solely for

rebuttal purposes in accordance with Federal Rule of Civil Procedure 26(a)(2) shall be extended from November 15, 2010 to December 31, 2011; (c) All expert discovery, as set forth in the Court's Order, shall be so conducted so as

to be completed by February 28, 2011; WHEREAS, Plaintiffs and Defendants agree to use the extension of time afforded by this Stipulation to explore settlement of their dispute; WHEREAS, the proposed stipulated modification of the terms Court's January 8, 2010 Order will not delay or prejudice the timely resolution of this case in the event the settlement negotiations prove unsuccessful inasmuch as this case is not set for trial until July 26, 2011.

STIPULATION WHEREFORE, IT IS STIPULATED AND AGREED BY AND BETWEEN PLAINTIFFS AND DEFENDANTS THAT: (a) The parties shall disclose experts and produce reports in accordance with Federal Rule of

Civil Procedure 26(a)(2) no later than November 30, 2010;

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STIPULATION AND ORDER TO MODIFY PRETRIAL SCHEDULING ORDER

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(b)

Expert testimony and reports intended solely for rebuttal purposes shall be disclosed and

reports produced in accordance with Federal Rule of Civil Procedure 26(a)(2) on or before December 31, 2010; and (c) All expert discovery shall be conducted so as to be completed by February 28, 2011.

IT IS SO STIPULATED.

DATED: October 6, 2010

BANKS & WATSON By: /s/ James J. Banks JAMES J. BANKS Attorneys for Defendants LARRY W. HARMON, FRANK CASTILLO, LARRY HARMON & ASSOCIATES, P.A., HARMON-CASTILLO, LLP, and VITALIS PARTNERS, LLC

DATED: October 6, 2010

ROBERT W. HIRSH & ASSOCIATES ROBERT W. HIRSH WEINTRAUB GENSHLEA CHEDIAK CHARLES L. POST By: /s/ Robert W. Hirsh (as authorized on 10/6/10) ROBERT W. HIRSH Attorneys for Plaintiffs CARMELO ANTHONY, MELO ENTERPRISES, INC. and CHOSEN ONE PROPERTIES, LLC

IT IS SO ORDERED.

DATED: October 7, 2010.

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STIPULATION AND ORDER TO MODIFY PRETRIAL SCHEDULING ORDER