Clarke v. Lindeman, et al

Filing 47

STIPULATION and ORDER signed by Judge John A. Mendez on 12/17/10 ORDERING that the Pretrial Scheduling Order 10 is AMENDED. Deadline for completion of fact Discovery is 5/11/2011. Deadline for Disclosure of Expert Witnesses and exchange of expert r eports is 6/10/2011. Deadline for Disclosure of rebuttal expert witnesses and exchange of rebuttal expert reports is 7/12/2011. Dispositive Motion filing deadline is 8/24/2011. Hearing on dispositive motions is 9/21/11. Joint Pretrial statement due by 11/2/11. Pretrial Conference is SET for 11/9/2011 at 04:00 PM. Trial is SET for 1/9/2012 at 09:00 AM. (Mena-Sanchez, L)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Daniel Feinberg ­ CA State Bar No. 135983 Nina Wasow ­ CA State Bar No. 242047 LEWIS, FEINBERG, LEE, RENAKER & JACKSON, P.C. 476 9th Street Oakland, CA 94607 Telephone: (510) 839-6824 Facsimile: (510) 839-7839 Email: dfeinberg@lewisfeinberg.com Email: nwasow@lewisfeinberg.com Attorneys for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA EDWARD CLARKE, Plaintiff, vs. MICHAEL LINDEMAN, LORRAINE LINDEMAN, DAVID NICKUM, VALLEY AGGREGATE TRANSPORT, INC., the BOARD OF DIRECTORS OF VALLEY AGGREGATE TRANSPORT, INC., and ADMINISTRATION COMMITTEE FOR THE VALLEY AGGREGATE, INC. EMPLOYEE STOCK OWNERSHIP PLAN. Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. C 09-03467-JAM-DAD STIPULATION AND ORDER TO AMEND PRE-TRIAL SCHEDULING ORDER WHEREAS, the parties have agreed to engage in a private mediation, which has been scheduled for February 10, 2011; WHEREAS, the parties agree that postponing certain aspects of discovery until after the mediation would be most efficient and increase the likelihood of settlement; WHEREAS, the parties have agreed on new discovery deadlines, and conferred with the Court on appropriate dates for the other remaining case deadlines; PDF STIPULATION TO AMEND PRE-TRIAL SCHEDULING ORDER [CASE NO. pdfFactory trial version www.pdffactory.com created with C 09-03467-JAM-DAD] 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 · · · · · · Accordingly, IT IS HEREBY AGREED AND REQUESTED by the parties through their counsel of record that the following dates be substituted for the dates in the Status (Pre-trial Scheduling) Order (Dkt. 10): · · Deadline for completion of fact discovery ­ May 11, 2011 Deadline for disclosure of expert witnesses and exchange of expert reports ­ June 10, 2011 Deadline for disclosure of rebuttal expert witnesses and exchange of rebuttal expert reports ­ July 12, 2011 Dispositive motion filing deadline ­ August 24, 2011 Hearing on dispositive motions ­ September 21, 2011 Joint pretrial statement due ­ November 2, 2011 Pretrial conference ­ November 9, 2011, 4 p.m. Trial ­ January 9, 2012, 9 a.m. Dated: December 17, 2010 By: LEWIS, FEINBERG, LEE, RENAKER & JACKSON, P.C. /s/ Nina Wasow Daniel Feinberg Nina Wasow Attorneys for Plaintiff TRUCKER HUSS By: /s/ R. Bradford Huss _ R. Bradford Huss Virginia Perkins Attorneys for Defendants David Nickum, Valley Aggregate Transport, Inc., the Board of Directors of Valley Aggregate Transport, Inc., and the Administration Committee for the Valley Aggregate Transport, Inc. Employee Stock Ownership Plan ___ Dated: December 17, 2010 PDF STIPULATION TO AMEND PRE-TRIAL SCHEDULING ORDER [CASE NO. pdfFactory trial version www.pdffactory.com created with C 09-03467-JAM-DAD] 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: December 17, 2010 By: WEINTRAUB GENSHLEA CHEDIAK __/s/ Zachary M. Smith___________ Zachary M. Smith Attorneys for Defendants Michael and Lorraine Lindeman IT IS SO ORDERED. Dated: 12/17/2010 /s/ John A. Mendez____________ The Honorable John A. Mendez United States District Judge PDF STIPULATION TO AMEND PRE-TRIAL SCHEDULING ORDER [CASE NO. pdfFactory trial version www.pdffactory.com created with C 09-03467-JAM-DAD] 2

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