United States of America v. Sierra Pacific Industries et al

Filing 251

STIPULATION and ORDER to Partially Resolve Discovery Disagreement 246 signed by Magistrate Judge Edmund F. Brennan on 7/21/11. (Matson, R)

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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 TO
PARTIALLY RESOLVE DISCOVERY
DISAGREEMENT

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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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Defendants Sierra Pacific Industries (“Sierra Pacific”), W.M. Beaty and Associates, Inc.

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(“Beaty”), the Landowner Defendants, and Eunice Howell, individually and d/b/a Howell’s

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Forest Harvesting Products (“Howell”) (collectively, “Defendants”), and Plaintiff the United

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States of America (“United States”) (collectively with Defendants, the “Parties”), by and through

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their respective counsel, hereby submit the following Stipulation to partially resolve a discovery

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dispute currently pending between the Parties regarding Sierra Pacific’s request for more time to

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depose United States Forest Service (“USFS”) Special Agent Diane Welton, USFS Battalion

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Chief Ron Heinbockel, and to conclude the deposition of USFS Special Agent Marion Matthews:

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///

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STIPULATION AND [PROPOSED] ORDER

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STIPULATION
1.

The United States agrees to produce Diane Welton for an additional day of

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deposition testimony, where one day is comprised of a total of seven (7) hours. Sierra Pacific

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may question Agent Welton for 3.5 of the additional 7 hours. Beaty, the Landowner Defendants,

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and Howell may collectively question Agent Welton for 3.5 of the 7 hours. Agent Welton’s

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deposition will occur at a court reporter’s office in Vallejo on August 15, 2011, or at a Vallejo

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hotel subject to Ms. Welton’s approval.

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2.

In exchange for the United States’ agreement to produce Agent Welton on the

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terms set forth in paragraph 1, Defendants agree to refrain from pursuing their requests (1) for

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additional time with Battalion Chief Ron Heinbockel, and (2) to produce Special Agent Marion

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Matthews for the remaining 44 minutes of her deposition or for any additional time. Beaty, the

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Landowner Defendants, and Howell all agree to forego this request as well.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: July 20, 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 20, 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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STIPULATION AND [PROPOSED] ORDER

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DATED: July 20, 2011

MATHENY SEARS LINKERT AND JAIME

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By: /s/ Richard S. Linkert (as authorized on 7/20/11)
RICHARD S. LINKERT
Attorneys for Defendant
W.M. BEATY AND ASSOCIATES, INC. AND
LANDOWNER DEFENDANTS

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DATED: July 20, 2011

RUSHFORD AND BONOTTO, LLP

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By: /s/ Phil Bonotto (as authorized on 7/20/11)
PHIL BONOTTO
Attorneys for Defendant
EUNICE HOWELL, INDIVIDUALLY AND
D/B/A HOWELL’S FOREST HARVESTING
PRODUCTS

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ORDER

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SO ORDERED.

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DATED: July 21, 2011

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STIPULATION AND [PROPOSED] ORDER