Employers' Fire Insurance Company, et al v. Broan-Nutone, LLC et al.,

Filing 36

STIPULATION and ORDER 35 signed by Judge John A. Mendez on 7/11/11; The Designation of Expert Witnesses due by 8/1/2011. (Matson, R)

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Law Offices of

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RICHARD S. LINKERT, ESQ. (SBN 88756)
MICHAEL W. CARRUTH, ESQ. (SBN 246483)
3638 American River Drive
Sacramento, California 95864
Telephone:
[phone]
Facsimile:
[phone]

MATHENY SEARS LINKERT & JAIME, LLP
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Attorneys for Defendants, BROAN-NUTONE, LLC, a
Delaware corporation and JAKEL MOTORS
INCORPORATED, a Wisconsin corporation.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA - SACRAMENTO DIVISION

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EMPLOYERS' FIRE INSURANCE COMPANY, a
Massachusetts corporation; and GENERAL
INSURANCE COMPANY OF AMERICA, a
Washington corporation,

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Plaintiffs,

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vs.
BROAN-NUTONE, LLC, a Delaware limited
liability company and JAKEL MOTORS
INCORPORATED, a Wisconsin corporation; and
DOES 1 through 50, inclusive,
Defendants.

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Case No.: 2:10-cv-01550-JAM-JFM
STIPULATION TO EXTEND
DEFENDANTS’ EXPERT DISCLOSURE
DEADLINE AND ORDER
Judge: Honorable John A. Mendez

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The parties to this matter, Defendants BROAN-NUTONE, LLC and JAKEL MOTORS,

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INC., (hereinafter “Defendants”), together with Plaintiffs EMPLOYERS' FIRE INSURANCE

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COMPANY and GENERAL INSURANCE COMPANY OF AMERICA, hereby stipulate and

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agree to continue Defendants’ Rule 26 Expert Disclosure Deadline. This continuance is necessary

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and for good cause because of the unavailability of certain of Defendant’s experts for deposition

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within the existing deadlines and difficulty of coordinating the parties’ schedules.

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Pursuant to the recently modified Status (Pre-Trial Scheduling) Order in this matter dated

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June 7, 2011, Defendants are to disclose their experts on July 18, 2011. Defendants are in the

STIPULATION TO EXTEND DEFENDANTS EXPERT DISCLOSURE DEADLINES

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process of deposing Plaintiffs’ eight damages experts as well as two relevant percipient witnesses
in advance of that July 18, 2011 deadline. The parties have had some difficulty scheduling the
depositions of Plaintiffs’ experts and coordinating the schedules of counsel within that existing
deadline. One very relevant expert is unavailable for personal reasons while another significant
percipient witness has been nonresponsive to contact from counsel. The parties have thus agreed
to extend the deadline for Defendants to provide their Expert Disclosures for an additional two
weeks to August 1, 2011.
IT IS THEREFORE HEREBY STIPULATED by and between the parties hereto
through their respective attorneys of record that Defendants Expert Disclosures will be due on
August 1, 2011.

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DATED: JULY 8, 2011

MATHENY SEARS LINKERT & JAIME LLP

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By: /S/ Michael W. Carruth
RICHARD S. LINKERT
MICHAEL W. CARRUTH
Attorney for Defendants
BROAN-NUTONE, LLC and JAKEL
MOTORS INCORPORATED

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DATED: JULY 8, 2011

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By: /S/ Blanca Quintero
BLANCA QUINTERO
Attorney for Plaintiffs
EMPLOYERS' FIRE INSURANCE
COMPANY AND GENERAL INSURANCE
COMPANY OF AMERICA

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COZEN O'CONNOR

IT IS SO ORDERED.

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DATED: JULY 11, 2011

/S/ JOHN A. MENDEZ
JOHN A. MENDEZ
UNITED STATES DISTRICT JUDGE

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STIPULATION TO EXTEND DEFENDANTS EXPERT DISCLOSURE DEADLINES

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