United States of America v. Sierra Pacific Industries et al

Filing 233

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 7/6/11: The Non-Damages Rebuttal Expert Disclosure Deadline is now July 25, 2011.(Kaminski, H)

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DOWNEY BRAND LLP
WILLIAM R. WARNE (Bar No. 141280)
MICHAEL J. THOMAS (Bar No. 172326)
ANNIE S. AMARAL (Bar No. 238189)
621 Capitol Mall, 18th Floor
Sacramento, CA 95814-4731
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant/Cross-Defendant
SIERRA PACIFIC INDUSTRIES

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA,

Case No. 2:09-CV-02445-KJM-EFB

DOWNEY BRAND LLP

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Plaintiff,

STIPULATION AND ORDER
CONTINUING NON-DAMAGES
REBUTTAL EXPERT DISCLOSURE
DEADLINE

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v.
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SIERRA PACIFIC INDUSTRIES, et al.
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Defendants.
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AND RELATED CROSS-ACTIONS

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Plaintiff the United States of America (“United States”) and Defendants/Cross-Defendants

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Sierra Pacific Industries, Eunice Howell, individually and d/b/a/ Howell’s Forest Harvesting and
W.M. Beaty & Associates, Inc., Landowner Defendants (collectively “Defendants”) through their
respective counsel, hereby submit the following Stipulation and Proposed Order Continuing NonDamages Rebuttal Expert Disclosure Deadline.
RECITALS

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1.

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On February 11, 2010, this Court entered its Status (Pre-trial Scheduling) Order

that, among other things, provided that amendment would only be allowed by leave of Court with
good cause shown. On August 31, 2010, this Court amended its Status (Pre-Trial Scheduling)
Order upon the request of Sierra Pacific, for good cause shown. Subsequently, on August 31,
1169940.1

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STIPULATION AND ORDER

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2010, and March 15, 2011, the Court issued Minute Orders amending and resetting certain dates

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in the Status (Pre-trial Scheduling) Order. Pursuant to a stipulation submitted by the parties on

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March 25, 2011, the Court issued an order on March 28, 2011, that briefly extended the non-

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damages expert disclosure deadline by approximately one month to May 31, 2011. Additionally,

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pursuant to a stipulation submitted by the parties on May 19, 2011, the Court issued an order on

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May 23, 2011 that further extended expert-related deadlines, setting the Non-Damages Expert

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Disclosure Deadline on June 16, 2011.

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2.

On June 16, 2011, the parties exchanged their Non-Damages Expert Disclosures,

disclosing a total of over forty experts.

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3.

Pursuant to Federal Rule of Civil Procedure 26(a)(2)(D)(ii), Non-Damages

Rebuttal Expert Disclosures are presently due on July 18, 2011. The parties have agreed to

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DOWNEY BRAND LLP

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extend this deadline by one week, from July 16, 2011, until July 25, 2011.

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4.

A one week continuance of the Non-Damages Rebuttal Expert Disclosure deadline

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will not affect the rest of the schedule or deadlines in this action.

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STIPULATION

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Based on the foregoing recitals, the parties hereby STIPULATE that:

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1.

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The deadline to serve Non-Damages Rebuttal Expert Disclosures is continued

from July 16, 2011, to July 25, 2011.

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2.

This continuance will not affect the rest of the schedule or deadlines in this action.

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3.

All remaining dates and deadlines as set by the Court in its August 31, 2010

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Order, and as modified by the Court’s August 31, 2010, March 15, 2011, March 28, 2011, and

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May 23, 2011 Orders, are otherwise unaffected by this Stipulation and Proposed Order.

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4.

By entering into this stipulation, none of the parties waive any rights or arguments

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that they may otherwise have with respect to their ability to request additional continuances in

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this action if necessary.

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STIPULATION AND ORDER

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
DATED: July , 2011

U.S. ATTORNEY’S OFFICE

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By:

/s/ Kelli Taylor
KELLI TAYLOR
Attorneys for Plaintiff
UNITED STATES OF AMERICA

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DATED: July , 2011

DOWNEY BRAND LLP

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By:

/s/ William R. Warne
WILLIAM R. WARNE
Attorneys for Defendant/Cross-Defendant
SIERRA PACIFIC INDUSTRIES

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DOWNEY BRAND LLP

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DATED: July , 2011

RUSHFORD & BONOTTO, LLP

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By:

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DATED: July , 2011

/s/ Phil Bonotto
PHIL BONOTTO
Attorneys for Defendants/Cross-Defendants
EUNICE HOWELL, INDIVIDUALLY and d/b/a
HOWELL’S FOREST HARVESTING

MATHENY SEARS LINKERT & JAIME, LLP

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By:

/s/ Richard S. Linkert
RICHARD S. LINKERT
Attorneys for Defendants/Cross-Claimants
W.M. BEATY & ASSOCIATES and
LANDOWNER DEFENDANTS
(Brooks Walker et al.)

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1169940.1

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STIPULATION AND ORDER

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ORDER
This matter came before the Court on the parties’ Stipulation To Continue Non-Damages

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Rebuttal Expert Disclosure Deadline. For the reasons stated in the Stipulation and for good

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cause showing, the Court ADOPTS the Stipulation and GRANTS the relief requested therein.

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Accordingly, IT IS HEREBY ORDERED THAT the Non-Damages Rebuttal Expert

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Disclosure Deadline is now July 25, 2011. All other dates and deadlines as set by the Court’s

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August 31, 2010 Order, and as modified by the Court’s August 31, 2010, March 15, 2011, March

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28, 2011, and May 23, 2011 Orders, remain as set and are otherwise unaffected by this Order.

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IT IS SO ORDERED.
DATED: July 6, 2011.

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UNITED STATES DISTRICT JUDGE

DOWNEY BRAND LLP

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1169940.1

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STIPULATION AND ORDER