Hardesty et al v. Sacramento Metropolitan Air Quality Management District et al

Filing 652

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 10/18/2021 MODIFYING discovery deadlines as follows: Supplemental Disclosures under Rule 26(a)(1) due by 12/18/2021. Designation of Expert Witnesses due by 1/3/2022. Rebu ttal Witness Disclosures due by 2/2/2022. Expert Witness Discovery Cut-off is 3/4/2022. Fact-Based Discovery cut-off is 4/4/2022. Dispositive Motion deadline is 4/15/2022. All other deadlines identified in and requirements of the Courts 650 Order shall remain the same. (Coll, A)

1 RICHARD S. LINKERT, Bar No. 88756
[e-mail]
2 MATHENY SEARS LINKERT JAIME LLP
3638 American River Drive
3 Sacramento, CA 95864-4711
Telephone:
[phone]
4 Facsimile:
[phone]
5 Attorneys for Defendant
SACRAMENTO COUNTY
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DEREK P. COLE, Bar No. 204250
7 [e-mail]
COLE HUBER LLP
8 2281 Lava Ridge Court – Suite 300
Roseville, California 95661
9 Telephone:
[phone]
Facsimile:
[phone]
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Attorneys for Defendant
11 SACRAMENTO COUNTY
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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JOSEPH HARDESTY, et al.,
Plaintiffs,
v.

SACRAMENTO METROPOLITAN AIR
19 QUALITY MANAGEMENT DISTRICT, et
al.,
20
Defendants.
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22 AND RELATED CONSOLIDATED CASES

Case No.: 2:10-cv-02414-KJM-KJN
Consolidated with: 2:12-cv-2457-KJM-KJN
STIPULATION AND ORDER TO
MODIFY DISCOVERY DEADLINES
STATED IN OCTOBER 4, 2021 ORDER
Judge:
Hon. Kimberly J. Mueller
Magistrate: Hon. Kendall J. Newman
Trial Date: February 16, 2017
Action Filed: September 8, 2010

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00081211.3

STIPULATION AND ORDER TO MODIFY DISCOVERY DEADLINES

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STIPULATION TO EXTEND DISCOVERY DEADLINES
The parties, through their respective counsel, submit this stipulation to extend the

3 deadlines provided in the Court’s Order dated October 4, 2021 (ECF No. 650). A proposed order
4 is attached as required under Local Rule 143(b).
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Counsel for the respective parties have met and conferred and agree that limited requests

6 for extension of certain of the deadlines stated in the Court’s prior order (ECF No. 650) are
7 warranted. Counsel collectively agree that additional time is necessary in the light of the claims
8 and defenses involved in this case, and in order to leave sufficient time for fact-based discovery
9 and for experts to review and process discovered documents. The parties thus request that the
10 Court accommodate a readjustment of the discovery deadlines. To that end, the parties stipulate as

COLE HUBER LLP
2281 LAVA RIDGE COURT – Suite 300
ROSEVILLE, CALIFORNIA 95661

11 follows:
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1.

The Court previously set a fact discovery cutoff date of March 1, 2022.

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2.

The Court previously set a deadline of 30 days from the date of the scheduling

14 order in which to submit initial expert disclosures, with rebuttal expert disclosures due 30 days
15 thereafter. Expert discovery is currently set to close on January 3, 2022.
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3.

The Court ordered filing of dispositive motions such that the Court could hear them

17 by March 4, 2022.
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4.

Due to the claims and defenses involved in this case, as well as the time needed to

19 propound discovery, schedule depositions, and allow experts to review discovery, additional time
20 for discovery is needed. The parties thus agree to the modifications to the Court’s October 4, 2021
21 Order as stated below.
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5.

The deadline for parties to make any necessary supplemental disclosures under

23 Rule 26(a)(1), without duplicating prior disclosures, shall be extended to December 18, 2021.
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6.

The deadline for any expert witness disclosures under Rule 26(a)(2) shall be

25 extended to January 3, 2022.
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7.

The deadline for rebuttal expert witness disclosures shall be extended to February

27 2, 2022.
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8.
00081211.3

Expert witness discovery shall be extended to and close on March 4, 2022.
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STIPULATION AND ORDER TO MODIFY DISCOVERY DEADLINES

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9.

Fact-based discovery shall be extended to and close on April 4, 2022.

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The deadline for dispositive motions shall be extended to April 4, 2022

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SO STIPULATED.

4 Dated: October 13, 2021.

COLE HUBER LLP

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By:

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9 Dated: October 13, 2021.

/s/ Derek P. Cole
Derek P. Cole, Esq.
Co-Counsel for Defendant
SACRAMENTO COUNTY

PETERSON WATTS LAW GROUP, LLP

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COLE HUBER LLP
2281 LAVA RIDGE COURT – Suite 300
ROSEVILLE, CALIFORNIA 95661

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By:

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Dated: October 13, 2021.

/s/ Glenn W. Peterson
Glenn W. Peterson, Esq.
PETERSON WATTS LAW GROUP, LLP
Attorneys for Plaintiffs
THE SCHNEIDER FAMILY

YETTER COLEMAN LLP

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By:

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/s/ Christian J. Ward
Christian J. Ward, Esq.
YETTER COLEMAN LLP
Attorneys for Plaintiffs
THE HARDESTY FAMILY

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STIPULATION AND ORDER TO MODIFY DISCOVERY DEADLINES

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ORDER

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For good cause shown, considering the parties’ stipulation, the Court modifies the schedule

3 stated in its October 4, 2021 Order, ECF No. 650, as follows.
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1.

The deadline for parties to make any necessary supplemental disclosures under

5 Rule 26(a)(1), without duplicating prior disclosures, is extended to December 18, 2021.
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2.

The deadline for any expert witness disclosures under Rule 26(a)(2) is extended to

7 January 3, 2022.
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3.

The deadline for any rebuttal expert witness disclosures is extended to February 2,

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4.

The cutoff for expert witness discovery is extended to March 4, 2022.

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5.

The deadline for fact-based discovery is extended to April 4, 2022.

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6.

The deadline for dispositive motions is extended to April 15, 2022.

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7.

All other deadlines identified in and requirements of the Court’s October 4, 2021,

COLE HUBER LLP
2281 LAVA RIDGE COURT – Suite 300
ROSEVILLE, CALIFORNIA 95661

9 2022.

14 ECF No. 650, shall remain the same.
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IT IS SO ORDERED.

16 DATED: October 18, 2021.
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STIPULATION AND ORDER TO MODIFY DISCOVERY DEADLINES