United States of America v. Sierra Pacific Industries et al

Filing 250

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 7/22/2011 re 245 Stipulation and Proposed Order ORDERING that the Non-Damages Rebuttal Expert Disclosure is now 8/1/2011. All other dates and deadlines set by the Court remain as set and are otherwise unaffected by this Order. (Waggoner, D)

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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

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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,
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1173364.1

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 a stipulation submitted by the parties on July 5, 2011, the Court issued

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an order on July 7, 2011, that extended the Non-Damages Rebuttal Expert Disclosure deadline by

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approximately one week, to July 25, 2011. The parties have agreed to extend the rebuttal expert

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deadline by an additional week, from July 25, 2011, until August 1, 2011.

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4.

The parties agreed to this extension because the United States contends that Sierra

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Pacific had an obligation to produce certain information at the time of its initial non-damages

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expert disclosures. Sierra Pacific disputes that the information the United States has indentified

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needed to be produced in the context of initial non-damages expert disclosures. In an effort to

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resolve this dispute without motion practice now, the parties have agreed to a mutual exchange of

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certain information and to extend the rebuttal expert deadline by an additional week, from July

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25, 2011, until August 1, 2011. The United States does not waive any rights to raise this issue in

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future motion practice.

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4.

An additional one week continuance of the Non-Damages Rebuttal Expert

Disclosure deadline 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.

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

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from July 25, 2011, to August 1, 2011.

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STIPULATION AND ORDER

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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, May

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23, 2011, and July 7, 2011 Orders, are otherwise unaffected by this Stipulation and Proposed

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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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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
DATED: July 19, 2011

U.S. ATTORNEY’S OFFICE

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By:

/s/ Kelli Taylor (as authorized on 7/20/11)
KELLI TAYLOR
Attorneys for Plaintiff
UNITED STATES OF AMERICA

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DATED: July 19, 2011

DOWNEY BRAND LLP

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By:

/s/ Annie S. Amaral
ANNIE S. AMARAL
Attorneys for Defendant/Cross-Defendant
SIERRA PACIFIC INDUSTRIES

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DATED: July 19, 2011

RUSHFORD & BONOTTO, LLP

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By: /s/ Derek VanDeviver (as authorized on 7/20/11)
DEREK VANDEVIVER
Attorneys for Defendants/Cross-Defendants
EUNICE HOWELL, INDIVIDUALLY and d/b/a
HOWELL’S FOREST HARVESTING

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STIPULATION AND ORDER

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DATED: July 19, 2011

MATHENY SEARS LINKERT & JAIME, LLP

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By: /s/ Richard S. Linkert (as authorized on 7/20/11)
RICHARD S. LINKERT
Attorneys for Defendants/Cross-Claimants
W.M. BEATY & ASSOCIATES and
LANDOWNER DEFENDANTS
(Brooks Walker et al.)

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1173364.1

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 August 1, 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, May 23, 2011 and July 7, 2011 Orders, remain as set and are otherwise unaffected by

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this Order.

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IT IS SO ORDERED.
DATED: July 22, 2011.

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UNITED STATES DISTRICT JUDGE

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STIPULATION AND ORDER