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

Filing 672

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 7/20/22 MODIFYING the schedule, stated in 668 Order, as follows: the cutoff for expert witness discovery is extended to 9/30/22; the deadline for fact-based discovery is extended to 9/30/22; dispositive motions shall be heard by 11/18/22. All other deadlines and requirements contained in 650 Order shall remain the same.(Kastilahn, 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]

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

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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16 JOSEPH HARDESTY, et al.,
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Case No.: 2:10-cv-02414-KJM-KJN
Consolidated with: 2:12-cv-2457-KJM-KJN

Plaintiffs,

STIPULATION AND ORDER TO
MODIFY DISCOVERY DEADLINES

v.

19 SACRAMENTO METROPOLITAN AIR
QUALITY MANAGEMENT DISTRICT, et
20 al.,

Judge:
Hon. Kimberly J. Mueller
Magistrate: Hon. Kendall J. Newman

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Trial Date: February 16, 2017
Action Filed: September 8, 2010

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Defendants.
AND RELATED CONSOLIDATED CASES

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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 deadlines

3 provided in the Court’s Order dated October 4, 2021 (ECF No. 650), which was modified by
4 stipulation and order filed October 18, 2021 (ECF No. 652), on December 22, 2021 (ECF No. 657)
5 and again on March 9, 2022 (ECF No. 668) (collectively, “Prior Orders”). A proposed order is
6 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 for

8 extension of the remaining deadlines stated in the Court’s Prior Orders are warranted. Counsel
9 collectively agree that additional time is necessary in the light of (i) the nature of the claims and
10 defenses involved in this case; (ii) the number of expert witnesses the parties have disclosed and the

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

11 complexity of the subjects covered by their expert reports; (iii) and the number of depositions the
12 parties anticipate they will need to take to complete expert and fact-based discovery. To that end,
13 the parties stipulate as follows:
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1.

The Court previously set an expert discovery cutoff date of July 6, 2022.

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2.

The Court previously set a fact discovery cutoff date of August 4, 2022.

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2.

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

17 by August 26, 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 both expert and fact-based discovery is needed. The parties agree that due to the intertwined
21 importance of expert and fact-based witnesses and evidence, it would be most effective to have
22 expert and fact-based discovery conclude on the same date.
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5.

To provide the reasonable additional time needed to complete remaining discovery,

24 the parties stipulate expert witness discovery shall be extended to and close on September 30,
25 2022, instead of July 6, 2022.
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6.

The parties further stipulate that fact-based discovery shall be extended to and close

27 on September 30, 2022, instead of August 4, 2022.
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STIPULATION AND ORDER TO MODIFY DISCOVERY DEADLINES

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7.

In light of the above extensions, the deadline for dispositive motions shall be

2 extended from September 9, 2022 to October 28, 2022.
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SO STIPULATED.

4 Dated: July 11, 2022

COLE HUBER LLP

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By:

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Dated: July 11, 2022

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

PETERSON WATTS LAW GROUP, LLP

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By:

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

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14 Dated: July 11, 2022

/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:

/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
Good cause appearing, considering the parties’ stipulation, the court modifies the schedule

3 stated in its March 9, 2022 Order, ECF No. 668, as follows.
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1.

The cutoff for expert witness discovery is extended to September 30, 2022.

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2.

The deadline for fact-based discovery is extended to September 30, 2022.

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3.

Dispositive motions shall be heard by November 18, 2022.

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4.

All other deadlines and requirements contained in the court’s October 4, 2021,

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

10 Dated: July 20, 2022.

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

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STIPULATION AND ORDER TO MODIFY DISCOVERY DEADLINES