McFarland v. Almond Board of California et al

Filing 96

STIPULATION and ORDER signed by Judge John A. Mendez on 12/9/14: The parties may disclose expert witnesses at a date after the Court makes a ruling on the pending summary judgment motions. In the event the Court sets a new trial date, the parties shall make expert witness disclosures no later than sixty (60) days before trial, and supplemental disclosures within thirty (30) days after the initial expert disclosures are made. (Kaminski, H)

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Galen T. Shimoda (Cal. State Bar No. 226752) 
Jennet F. Zapata (Cal. State Bar No. 277063) 
Shimoda Law Corp. 
9401 East Stockton Boulevard, Suite 200
Elk Grove, CA 95624 
Telephone: [phone] 
Facsimile: [phone]
Email: [e-mail]
[e-mail]

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Attorneys for Plaintiff SUSI McFARLAND

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Howard A. Sagaser (Cal. State Bar No. 72492)
Marcia Ann Ross (Cal. State Bar No. 160489)
Ian B. Wieland (Cal. State Bar No. 285721)
7550 North Palm Ave., Suite 201
Fresno, CA 93711
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendant ALMOND BOARD OF CALIFORNIA
Sharon B. Futerman (Cal. State Bar No. 124238)
LeVangie Law Group
2021 N St
Sacramento, CA 95811
Phone: [phone]
Fax: [phone]
Email: [e-mail]
Attorney for Defendant TIM BIRMINGHAM

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SUSI MCFARLAND,

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Plaintiff,
vs.

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ALMOND BOARD OF CALIFORNIA;
TIM BIRMINGHAM, an individual; and
DOES 1-100, inclusive,
Defendants.

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STIP AND PROPOSED ORDER RE DEADLINES TO
MAKE EXPERT WITNESS DISCLOSURES

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Case No. 2:12-CV-02778-JAM-CKD
STIPULATION AND ORDER RE
DEADLINES FOR PARTIES TO MAKE
EXPERT WITNESS DISCLOSURES

Case No. 2:12-CV-02778-JAM-CKD

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WHEREAS, this matter is presently set for trial on February 23, 2015, at 9:00 a.m.; and

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WHEREAS, pursuant to the parties’ stipulation and the Court’s approval of the parties’

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stipulation on June 26, 2014, the parties must make expert witness disclosures by December 10,

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2014, and supplemental disclosures and disclosure of any rebuttal experts under Fed. R. Civ. P.

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26(a)(2)(c) by January 7, 2015, and all expert witness depositions completed by January 15, 2015,

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(see Docs. 56 & 57); and
WHEREAS, Defendants Almond Board of California and Tim Birmingham filed motions for

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summary judgment/summary adjudication on or about October 22, 2014, (see Docs. 64 & 65); and

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WHEREAS, Defendants’ summary judgment motions are set for hearing on December 17,

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2014; and
WHEREAS, the parties understand the expense associated with hiring expert witnesses can

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be substantial and would rather avoid incurring such expenses until the Court makes a determination

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on the pending summary judgment motions; and
WHEREAS, this request is not being made for the purpose of causing delay or for any other

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improper purpose; and
WHEREAS, continuing the above-referenced deadlines will not prejudice any party or their

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counsel; and
NOW, THEREFORE, IT IS HEREBY STIPULATED and agreed by Plaintiff and

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Defendants, through their respective attorneys of record, that:


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The parties may disclose expert witnesses at a date after the Court makes a ruling on

the pending summary judgment motions;


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In the event the Court sets a new trial date, the parties will make expert witness

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disclosures no later than sixty (60) days before trial, and supplemental disclosures within thirty (30)

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days after the initial expert disclosures are made.

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STIP AND PROPOSED ORDER RE DEADLINES TO
MAKE EXPERT WITNESS DISCLOSURES

Case No. 2:12-CV-02778-JAM-CKD

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Date: December 8, 2014

SHIMODA LAW CORP.

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By:

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/s/ Galen T. Shimoda
Galen T. Shimoda
Attorneys for Plaintiff
SUSI McFARLAND

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Date: December 8, 2014

SAGASER, WATKINS & WIELAND PC

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By:

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Date: December 8, 2014

/s/ Marcia A. Ross
Marcia A. Ross
(Approved on 12/8/2014)
Howard Sagaser
Ian B. Wieland
Attorneys for Defendant
ALMOND BOARD OF CALIFORNIA
LEVANGIE LAW GROUP

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By:

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/s/ Sharon B. Futerman
(Approved on 12/8/2014)
Sharon B. Futerman
LeVangie Law Group
Attorney for Defendant
TIM BIRMINGHAM

IT IS SO ORDERED.

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Dated: 12/9/2014

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/s/ John A. Mendez____________
John A. Mendez
U.S. DISTRICT COURT JUDGE

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STIP AND PROPOSED ORDER RE DEADLINES TO
MAKE EXPERT WITNESS DISCLOSURES

Case No. 2:12-CV-02778-JAM-CKD

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