Hansbrough, et al., v. United Rentals, et al.,

Filing 13

STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 6/15/10 ORDERING that the deadline for expert disclosure is extended to 7/30/10. (Owen, K)

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Larry B. Panek, No. 132588 CARROLL, BURDICK & McDONOUGH LLP Attorneys at Law 1676 N. California Blvd, Suite 620 Walnut Creek, CA 94596-4124 Telephone: [phone] Facsimile: 925.256.3110 Email: [e-mail] Attorneys for Defendant GENIE INDUSTRIES

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

MICHAEL HANSBROUGH and SANDY HANSBROUGH, Plaintiffs, v. UNITED RENTALS, UNITED RENTALS OF CHICO, UNITED RENTALS, INC., GENIE INDUSTRIES, and Does 1-45, inclusive, Defendants.

Action No. 2:09-CV-02419 LLK-GGH STIPULATED REQUEST AND ORDER

Pursuant to stipulation of the parties and Local Rule 6-144 the parties hereby request that the Court continue the expert designation and report disclosure deadline to July 30, 2010. The request is made on the basis of the following stipulation: 1. Before June 9, 2010, the parties were unable to identify the specific

machine involved in the incident; 2. The parties have engaged in written discovery and have taken

depositions to prepare for trial. To date the parties were unable to identify the equipment. 3. Within the last several days plaintiff's counsel made contact with a

former employee of plaintiff's employer who revealed that he was able to identify the specific equipment involved. As a result of this information, which plaintiffs shared, the
CBM-WC\WC073547 STIPULATED REQUEST AND [PROPOSED] ORDER

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parties are able to identify the equipment with particularity and now seek the opportunity to inspect that equipment. 4. All parties agree that it is important for their experts to have the

opportunity to observe and inspect the equipment prior to completing their analysis and submitting their reports. The inspection is also important to trial preparation and evaluation of settlement possibilities. The inspection and evaluation process cannot take place within the time remaining before the expert disclosure deadline. 5. Continuing the date of the expert disclosure deadline will not affect

the discovery cut-off date or the pre-trial conference date set by the Court in its Pretrial Scheduling Order. The parties will still disclose experts prior to the litigation status report and the discovery cut-off will not be affected by the requested change. 6. All parties stipulate that their trial preparation and experts would be

prejudiced by an inability to inspect the equipment and evaluate it before submitting their reports. Accordingly, the parties stipulate and request that the Court extend the expert disclosure deadline to July 30, 2010. Dated: June 14, 2010 CARROLL, BURDICK & McDONOUGH LLP /s/ Larry B. Panek Attorneys for Defendant GENIE INDUSTRIES Dated: June 14, 2010 PETERS, RUSH, HABIB & MCKENNA By /s/ James P. McKenna Attorneys for Plaintiffs MICHAEL HANSBROUGH and SANDY HANSBROUGH Dated: June 14, 2010 GORDON & REES LLP By /s/ Kathleen M. Rhoads Attorneys for Defendant UNITED RENTALS NORTHWEST, INC.
CBM-WC\WC073547 STIPULATED REQUEST AND [PROPOSED] ORDER

By

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CBM-WC\WC073547 STIPULATED REQUEST AND [PROPOSED] ORDER

[PROPOSED] ORDER Based on the stipulation of the parties and good cause appearing therefore, the Court extends the deadline for expert disclosure to and including July 30, 2010. SO ORDERED. Dated: June 15, 2010

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