Newhouse v. The Valspar Corporation et al
Filing
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STIPULATION and ORDER 7 MODIFYING THE PRETRIAL SCHEDULING, signed by Judge Garland E. Burrell, Jr., on 6/17/11. The court's 2/21/11 Scheduling Conference Order is modified as follows: Non-Expert Discovery Cut Off: February 16, 2012, Disclosure of Expert Witnesses: May 4, 2012, Completion of Expert Witness Discovery: May 25, 2012, Dispositive Motion Hearing Date: April 2, 2012, Final Pre-Trial Conference Date: June 18, 2012, and Trial: September 25, 2012. (Kastilahn, A)
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DENNIS M. BROWN, Bar No. 126575
ERICA H. KELLEY, Bar No. 221702
ISELA PEREZ, Bar No. 267859
LITTLER MENDELSON
A Professional Corporation
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
Telephone:
408.998.4150
Facsimile:
408.288.5686
Attorneys for Defendants
THE VALSPAR CORPORATION AND
JENNIFER PIERRE
LEO F. DONAHUE, Bar No. 114484
LEO F. DONAHUE, INC.
KEVIN W. HARRIS, Bar No. 133084
LAW OFFICES OF KEVIN W. HARRIS
11344 Coloma Road., Suite 160
Gold River, California 95670
Telephone:
916.859.5999
Facsimile:
916.859.5984
donahue@lfdlaw.net
Attorneys for Plaintiff
FRANK NEWHOUSE
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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FRANK NEWHOUSE,
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Plaintiff,
v.
THE VALSPAR CORPORATION, a
Delaware Corporation; JENNIFER
PIERRE; PAT PETERSON; and DOES 1
through 100, inclusive,
Case No. 2:10-CV-02617-GEB-EFB
STIPULATION AND [PROPOSED]
ORDER MODIFYING THE PRETRIAL
SCHEDULING
Trial Date:
Complaint Filed:
Defendant.
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LITTLE R MEND ELSO N
A PROF E S SION AL C ORP OR A TION
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150
CASE NO. 2:10-CV-02617-GEB-EFB
STIPULATION AND [PROPOSED] ORDER
MODIFYING PRETRIAL SCHEDULE
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The Valspar Corporation (“Defendant”) and Frank Newhouse (“Plaintiff”)
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(collectively referred to as “the Parties”), by and through their respective counsel of record for good
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cause do hereby stipulate and respectfully request that this Court issue an Order amending the
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Pretrial Scheduling Order issued on February 21, 2011 for the reasons set forth below.
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1.
The Parties submitted a joint scheduling report on February 14, 2011 requesting that
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the expert disclosure and discovery cut-off dates be set after the close of fact discovery, currently set
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for February 16, 2012. On February 21, 2011, the Court set the expert disclosure deadline for
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September 16, 2011.
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2. The Parties are in the process of exchanging written discovery and intend to schedule
depositions shortly.
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3. The Parties have agreed to attend mediation after the initial round of discovery and
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depositions and expect to conclude mediation by the Fall of 2011. The Parties seek to avoid the
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expense of expert witnesses where one or more of the parties will file dispositive motions. Thus, the
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expense of retaining expert witnesses before mediation and dispositive motions would be an
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unnecessary cost that may be avoided if the pretrial schedule is modified.
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4. Counsel for Plaintiff is currently considering whether they will continue representation of
Plaintiff in this matter and may require additional time to make a decision.
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Accordingly, the Parties hereby stipulate and move the Court jointly for an order
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amending the Pretrial Scheduling Order as follows:
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(1)
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Proposed Non-Expert Discovery Cut Off: February 16, 2012
(2)
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Previous Disclosure of Expert Witnesses: September 16, 2011
Proposed Disclosure of Expert Witnesses: May 4, 2012
(3)
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Previous Discovery Cut Off: February 16, 2012
Previous Completion of Expert Witness Discovery: October 17, 2011
Proposed Completion of Expert Witness Discovery: May 25, 2012
(4)
Previous Dispositive Motion Hearing Date: April 16, 2012
Proposed Dispositive Motion Hearing Date: April 2, 2012
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LITTLE R MEND ELSO N
A PROF E S SION AL C ORP OR A TION
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150
CASE NO. 2:10-CV-02617-GEB-EFB
2.
STIPULATION AND [PROPOSED] ORDER
MODIFYING PRETRIAL SCHEDULE
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(5)
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Final Pre-Trial Conference Date: June 18, 2012
(no change)
(6)
Trial: September 25, 2012
(no change)
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Dated: June ___, 2011
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DENNIS M. BROWN
ERICA H. KELLEY
ISELA PEREZ
LITTLER MENDELSON
A Professional Corporation
Attorneys for Defendant
THE VALSPAR CORPORATION
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Dated: June ___, 2011
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_____________________________________
LEO F. DONAHUE
LEO F. DONAHUE, INC.
KEVIN W. HARRIS
LAW OFFICES OF KEVIN W. HARRIS
Attorneys for Plaintiff
FRANK NEWHOUSE
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LITTLE R MEND ELSO N
A PROF E S SION AL C ORP OR A TION
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150
CASE NO. 2:10-CV-02617-GEB-EFB
3.
STIPULATION AND [PROPOSED] ORDER
MODIFYING PRETRIAL SCHEDULE
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ORDER
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This matter having come before the Court upon the written Stipulation of the Parties,
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a copy of which is attached hereto, it is hereby ordered that the Court’s Scheduling Conference
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Order, entered into on February 21, 2011, be modified as follows:
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(1)
Non-Expert Discovery Cut Off: February 16, 2012
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(2)
Disclosure of Expert Witnesses: May 4, 2012
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(3)
Completion of Expert Witness Discovery: May 25, 2012
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(4)
Dispositive Motion Hearing Date: April 2, 2012
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(5)
Final Pre-Trial Conference Date: June 18, 2012
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(6)
Trial: September 25, 2012
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IT IS SO ORDERED.
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DATED: June 17, 2011
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GARLAND E. BURRELL, JR.
United States District Judge
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LITTLE R MEND ELSO N
A PROF E S SION AL C ORP OR A TION
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150
CASE NO. 2:10-CV-02617-GEB-EFB
4.
STIPULATION AND [PROPOSED] ORDER
MODIFYING PRETRIAL SCHEDULE
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