United States of America v. U.S. Bank National Association

Filing 11

STIPULATION and ORDER TO EXTEND DATES FOR DISCLOSURE OF EXPERT WITNESSES signed by District Judge Kimberly J. Mueller on 4/8/11. The Court EXTENDS the Expert Disclosure deadlines currently set for 4/29/11 to 5/30/11 and the Rebuttal Expert Disclosure deadline currently set for 5/30/11 to 6/30/11. (Mena-Sanchez, L)

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BENJAMIN B. WAGNER
United States Attorney

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ADAM R. SMART
Trial Attorney, Tax Division
U.S. Department of Justice
P.O. Box 683, Ben Franklin Station
Washington, D.C. 20044-0683
Telephone: [phone]
Facsimile:
[phone]
E-mail:
[e-mail]

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Attorneys for the United States of America

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Law Offices of
MATHENY SEARS LINKERT & JAIME LLP
MICHAEL A. BISHOP, SBN 105063
AMANDA R. GIMBEL, SBN 257988
3638 American River Drive
Sacramento, CA 95864
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for U.S. Bank National Association
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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA,
Plaintiff,

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Civil No. 2:10-cv-1964-KJM-GGH
STIPULATION TO EXTEND DATES FOR
DISCLOSURE OF EXPERT WITNESSES
AND ORDER

v.
U.S. BANK NATIONAL ASSOCIATION,
Defendants.

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Pursuant to Federal Rule of Civil Procedure 83 and Local Rule 143 the parties hereby stipulate and

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agree to an extension of the deadlines for disclosure of expert witnesses under the current discovery plan.

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Presently the parties are due to disclose expert witnesses as provided by Rule 26(a)(2) and produce their

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reports on April 29, 2011. In turn the parties are due to disclose any rebuttal witnesses and produce their

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reports on May 30, 2011. The parties have stipulated to an extension of these dates to May 30, 2011 for

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the disclosure of expert witnesses as provided by Rule 26(a)(2) and production of their reports with a

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corresponding extension of the deadline to disclose rebuttal experts and to produce any rebuttal reports to

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June 30, 2011. The parties do not believe that the current deadline for the close of discovery, September

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30, 2011 will need to be moved as a result of these extensions. Thus the parties are only requesting that

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the Court amend the scheduling Order to change the expert disclosure dates.

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The reason for this extension is that counsel for the United States was out of work for almost the

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entire month of March due to a death in the family. Moreover, the uncertainty presented by the potential

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shutdown of the Federal Government presently looming could further limit counsel for the United States’

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ability to sufficiently meet the currently scheduled deadlines.

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WHEREFORE, the parties request that, consistent with this stipulation, the Court extend the expert

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disclosure deadlines currently set for April 29, 2011 to May 30, 2011 and the rebuttal expert disclosure

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deadlines currently set for May 30, 2011 to June 30, 2011.

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Dated this 7th day of April 2011

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Respectfully Submitted,

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BENJAMIN B. WAGNER
United States Attorney

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/s/ Adam R. Smart
ADAM R. SMART
Trial Attorney, Tax Division
United States Department of Justice
PO Box 683
Washington DC 20044
Telephone [phone]
Facsimile: [phone]

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Attorneys for the United States of America
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/s/ Amanda R. Gimbel
MICHAEL A. BISHOP, ESQ.
AMANDA R. GIMBEL, ESQ.
MATHENEY SEARS LINKERT & JAIME, LLP
3638 American River Drive
Sacramento, CA 95864
Telephone: [phone]
Facsimile:
[phone]

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Attorneys for Defendant, U.S. Bank National
Association

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Stipulation and Order

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Civil No. 2:10-cv-1964-KJM-GGH

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IT IS SO ORDERED.
Date: April 8, 2011.

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UNITED STATES DISTRICT JUDGE

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Stipulation and Order

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Civil No. 2:10-cv-1964-KJM-GGH