Johns Manville v. Red River Warehouse, Inc. et al

Filing 25

STIPULATION and ORDER 24 signed by Magistrate Judge Edmund F. Brennan on 8/22/11 ORDERING The parties shall disclose experts and produce reports by no later than September 30,2011; With regard to expert testimony intended solely for rebuttal, those experts shall be disclosed and reports produced on or before October 28, 2011; Expert-related discovery shall be completed by December 2, 2011; Motions to compel expert-related discovery must be heard not later than November 2, 2011; and All motions, except motions for continuances, temporary restraining orders, or other emergency applications, shall be filed on or before November 30, 2011.(Matson, R)

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JARED M. KATZ (SBN 173388)
[e-mail]
MULLEN & HENZELL L.L.P.
Post Office Drawer 789
112 East Victoria Street
Santa Barbara, California 93102-0789
Telephone: [phone]
Facsimile:
[phone]

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Attorneys for Defendants RED RIVER WAREHOUSE, INC. and RED RIVER
7 WAREHOUSE OF CALIFORNIA, LLC
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EUGENE KIM (SBN 221753)
GREG G. SNARR (SBN (267217)
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GRESHAM, SAVAGE, NOLAN & TILDEN
10 3750 University Avenue, Suite 250
Riverside, California 92502-1240
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[phone]
Facsimile:
[phone]
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Attorneys for Counter-Claimants RED RIVER WAREHOUSE, INC. and RED
RIVER WAREHOUSE OF CALIFORNIA, LLC

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SHARON C. COLLIER (SBN 203450)
ARCHER NORRIS
A Professional Law Corporation
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2033 North Main Street, Suite 800
17 Walnut Creek, California 94596-3759
Telephone: [phone]
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[phone]
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Attorneys for Plaintiff and Counter-defendant JOHNS MANVILLE
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,
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v.
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RED RIVER WAREHOUSE, INC.; and )
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DOES 1 through 30,
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Defendants.
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JOHNS MANVILLE,

Case No. 2:10-CV-02260-WBS-EFB
STIPULATION TO CONTINUE
EXPERT DISCLOSURE AND
MOTION FILING DEADLINES;
ORDER
FRCP 34; Local Rule 250.3

Johns Manville v. Red River Warehouse, et al.
Case No. 2:10-CV-02260-WBS-EFB

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RED RIVER WAREHOUSE, INC.,
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AND RED RIVER WAREHOUSE OF )
3 CALIFORNIA, LLC
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Counter-Claimants, )
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vs.
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JOHNS MANVILLE,
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Cross-Defendants. )
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The parties, by and through their undersigned counsel of record, hereby
stipulate to the following:

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RECITALS
WHEREAS, the Status (Pretrial Scheduling) Order provides that the
parties shall disclose experts and produce reports pursuant to Federal Rule Civil
Procedure 26(a)(2) by August 19, 2011, and thereafter that rebuttal experts and
reports shall be disclosed by September 16, 2011;
WHEREAS, the Status (Pretrial Scheduling) Order provides that all
motions, except motions for continuances, temporary restraining orders, or other
emergency applications, shall be filed on or before October 14, 2011;
WHEREAS, counsel have been engaged in meet-and-confer discussions to
cooperate on the scheduling of expert discovery and discovery that may be needed
in the preparation of dispositive motions;
WHEREAS, the parties agree that continuing the expert disclosure and
motion filing deadline dates will serve the purposes of cooperating, making expert
disclosures more meaningful and useful, and being efficient in completing pre-trial
discovery;
WHEREAS, Federal Rule of Civil Procedure 26(a)(2)(D) provides that the
parties may stipulate as to the timing for expert disclosures;

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Johns Manville v. Red River Warehouse, et al.
Case No. 2:10-CV-02260-WBS-EFB

WHEREAS, continuing the deadline to file a motion with the court would

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not interfere with the trial date and would promote the efficiency of discovery

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completion;
WHEREAS, there have been no previously extensions of time for expert

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disclosure or motion filing deadlines;
STIPULATION

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WHEREFORE, the parties hereby stipulate that the subject deadlines shall

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be extended and continued as follows:
1.

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The parties shall disclose experts and produce reports in accordance

with Federal Rule of Civil Procedure 26(a)(2) by no later than September 30, 2011;
2.

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With regard to expert testimony intended solely for rebuttal, those

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experts shall be disclosed and reports produced in accordance with Federal Rule of

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Civil Procedure 26(a)(2) on or before October 28, 2011;

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3.

Expert-related discovery shall be completed by December 2, 2011.

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4.

All motions, except motions for continuances, temporary restraining

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orders, or other emergency applications, shall be filed on or before November 30,

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2011.

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IT IS SO STIPULATED.
Dated: August ___, 2011

MULLEN & HENZELL L.L.P.

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signature on original

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By: ____________________________
Jared M. Katz
Attorneys for Defendants RED RIVER
WAREHOUSE, INC. and RED RIVER
WAREHOUSE OF CALIFORNIA, LLC

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Dated: August ___, 2011

GRESHAM, SAVAGE, NOLAN &
TILDEN

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signature on original

By: ____________________________
Eugene Kim

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Johns Manville v. Red River Warehouse, et al.
Case No. 2:10-CV-02260-WBS-EFB

Attorneys for Counter-claimants RED
RIVER WAREHOUSE, INC. and RED
RIVER WAREHOUSE OF
CALIFORNIA, LLC

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Dated: August ____, 2011

ARCHER NORRIS

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signature on original

By: ____________________________
Sharon Collier
Attorneys for Plaintiff Counter-Defendant
Johns Manville

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Johns Manville v. Red River Warehouse, et al.
Case No. 2:10-CV-02260-WBS-EFB

ORDER

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In light of the foregoing stipulation of the parties, IT IS HEREBY
ORDERED that the February 24, 2011 Status (Pretrial Scheduling) Order is
modified as follows:1

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1. The parties shall disclose experts and produce reports in accordance
with Federal Rule of Civil Procedure 26(a)(2) by no later than September 30,
2011;

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2. With regard to expert testimony intended solely for rebuttal, those
experts shall be disclosed and reports produced in accordance with Federal Rule
of Civil Procedure 26(a)(2) on or before October 28, 2011;

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3. Expert-related discovery shall be completed by December 2, 2011;

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4. Motions to compel expert-related discovery must be heard not later than
November 2, 2011; and

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5. All motions, except motions for continuances, temporary restraining
orders, or other emergency applications, shall be filed on or before November 30,
2011.
Dated: August 22, 2011.

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The Rule 16 good cause standard is not addressed herein in light of the parties’ stipulation.

Johns Manville v. Red River Warehouse, et al.
Case No. 2:10-CV-02260-WBS-EFB