United States of America v. Pacific Gas and Electric Company

Filing 25

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 03/14/11. ORDERING that the following dates are EXTENDED: Designation of Expert Witnesses due by 06/20/11; Rebuttal Expert Disclosures due by 07/20/11 and Discovery due by 08/20/11. (Benson, A.)

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MATHENY SEARS LINKERT & JAIME, LLP

Law Offices of

MATHENY SEARS LINKERT & JAIME, LLP
RICHARD S. LINKERT, ESQ. (SBN 88756) KATHERINE E. UNDERWOOD, ESQ. (SBN 249308) 3638 American River Drive Sacramento, CA 95864 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant, WESTERN ENVIRONMENTAL CONSULTANTS, INC.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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3638 AMERICAN RIVER DRIVE SACRAMENTO, CALIFORNIA 95864

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UNITED STATES OF AMERICA, Plaintiff, v. PACIFIC GAS AND ELECTRIC COMPANY and WESTERN ENVIRONMENTAL CONSULTANTS, INC., Defendants.

Case No. 2:09-cv-02877 GEB EFB STIPULATION AND [PROPOSED] ORDER CONTINUING EXPERT DISCLOSURE DEADLINES

LAW OFFICES OF

Plaintiff United States of America, and Defendants Pacific Gas and Electric Company (PG&E) and Western Environmental Consultants, Inc. (WECI), through their counsel of record, respectfully request a continuance of the expert disclosure deadlines due to the following: 1. The United States of America filed United States v. Pacific Gas and Electric Co.,

Case No. 2:09-cv-02877 GEB EFB on October 15, 2009 and subsequently filed the related matter of United States v. Western Environmental Consultants, Inc., Case No. 2:10-cv-01875 WBS DAD on July 16, 2010. On September 28, 2010, the Court consolidated these matters, and, per the parties' stipulation, modified the schedule under the previously-filed case [Doc. #20]. 2. Under the modified schedule, initial experts must be disclosed by April 18, 2011,

rebuttal experts must be disclosed by May 16, 2011, and discovery must be completed by July 18, 1
Stipulation and [Proposed] Order Continuing Expert Disclosure Deadlines

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MATHENY SEARS LINKERT & JAIME, LLP

2011. 3. Due to the remote location of the alleged area of origin (approximately two hours

east of Eureka, California on United States Forest Service roads) and recent weather complications, WECI has not been able to conduct a site visit to date. Weather permitting, WECI's experts are currently scheduled to conduct an inspection of the alleged area of origin on or about April 12 ­ 13, 2011. Therefore, WECI needs more time to complete its site inspection and produce the necessary expert reports. 4. Based upon the foregoing, the parties have agreed to extend the expert disclosure

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3638 AMERICAN RIVER DRIVE SACRAMENTO, CALIFORNIA 95864

deadlines as follows: Event Initial Expert(s) Disclosures Rebuttal Expert Disclosures Discovery Cutoff 5. 6. Current Date April 18, 2011 May 16, 2011 July 18, 2011 New Date June 20, 2011 July 20, 2011 August 20, 2011

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LAW OFFICES OF

The new dates shall govern both of the consolidated actions. The parties are not requesting that any other dates in the pre-trial scheduling order

be modified at this time. However, by entering this stipulation, the parties do not waive any parties' right to move the Court at a later time to modify any date in the pre-trial scheduling order, including, but not limited to, the trial date. Dated: March 14, 2011

MATHENY SEARS LINKERT & JAIME, LLP

By: /s/ RICHARD S. LINKERT RICHARD S. LINKERT Attorneys for Defendant WESTERN ENVIRONMENTAL CONSULTANTS, INC.

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Stipulation and [Proposed] Order Continuing Expert Disclosure Deadlines

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MATHENY SEARS LINKERT & JAIME, LLP

Dated: March 14, 2011

SEDGWICK DETERT MORAN & ARNOLD, LLP

By: /s/ GREGORY READ GREGORY READ Attorneys for Defendant PACIFIC GAS AND ELECTRIC COMPANY

Dated: March 14, 2011

BENJAMIN B. WAGNER UNITED STATES ATTORNEY

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3638 AMERICAN RIVER DRIVE SACRAMENTO, CALIFORNIA 95864

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DEAC_Sig nature-END:

By: /s/ RICHARD M. ELIAS RICHARD M. ELIAS, Assistant U.S. Attorney Attorney for Plaintiff, UNITED STATES OF AMERICA

LAW OFFICES OF

THE STIPULATION OF THE PARTIES IS APPROVED AND IT IS SO ORDERED. Date: 3/14/2011 _________________________ GARLAND E. BURRELL, JR. United States District Judge

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Stipulation and [Proposed] Order Continuing Expert Disclosure Deadlines