Hartung et al v. Vortex Marine Construction et al

Filing 17

ORDER signed by Magistrate Judge Allison Claire on 2/8/2016 ORDERING that the Expert Disclosures deadline is Reset to 4/15/2016, with rebuttal expert disclosures Reset to 5/16/2016; and Discovery due by 7/1/2016. (Reader, L)

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COX, WOOTTON, LERNER,
GRIFFIN & HANSEN LLP
Richard C. Wootton (Cal. Bar No. 88390)
Mark E. Tepper (Cal. Bar No. 275902)
900 Front Street, Suite 350
San Francisco, CA 94111
Telephone No.: 415-438-4600
Facsimile No.: 415-438-4601
Email: [e-mail]
Email: [e-mail]

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Attorneys for Defendant/Cross-defendant,
VORTEX MARINE CONSTRUCTION, INC.

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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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WILLIAM GEORGE HARTUNG; ROBERT
LOUIS HARTUNG,

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Case No.: 2:15-cv-01034-WBS-AC
STIPULATION AND [PROPOSED]
ORDER EXTENDING EXPERT
DISCLOSURE DEADLINE

Plaintiffs,
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v.
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VORTEX MARINE CONSTRUCTION,
INC., GARY PAUL VELLA; DOES 1-10

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Defendants.
_____________________________________

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And related cross actions.
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WHEREAS, the current deadline to complete expert disclosures pursuant to

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COX, WOOTTON,
LERNER, GRIFFIN &
HANSEN LLP
900 FRONT STREET, SUITE 350
SAN FRANCISCO, CA
94111
TEL: [phone]
FAX: [phone]

F.R.C.P. 26 is set for February 15, 2016, with rebuttal expert disclosures due one month
later;
WHEREAS, the current deadline to complete all discovery, including expert
discovery, is set for May 31, 2016;
WHEREAS, despite the diligence of the parties, substantial fact discovery necessary

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for the parties’ experts to prepare and disclose meaningful reports has yet to be completed,

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including at least ten (10) depositions. The necessary discovery cannot be completed by

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February 15, 2016. It is anticipated that the necessary fact discovery will be completed by
-1STIPULATION AND [PROPOSED] ORDER EXTENDING EXPERT DISCLOSURE DEADLINE

Case No. 2:15-cv-01034-WBS-AC

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April 1, 2016. Accordingly, the parties agree good cause exists to extend the deadline to

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disclose experts to April 15, 2016, and rebuttal experts to May 16, 2016.

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WHEREAS, the new expert disclosure deadlines would afford the parties over two

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(2) months to complete expert discovery. However, in light of the number of expert

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witnesses anticipated to be called in this case, the parties agree that a discovery cutoff date

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of July 1, 2016 would be more appropriate. This would place the discovery cutoff deadline

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over four (4) months in advance of trial, currently set for November 15, 2016. The parties

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do not wish to alter the trial date;

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NOW, THEREFORE, the parties hereby stipulate and agree that the deadline to
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disclose experts shall be extended to April 15, 2016, the deadline to disclose rebuttal
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experts shall be extended to May 16, 2016, and the discovery cutoff deadline shall be
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extended to July 1, 2016, pending the Court’s approval.
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IT IS SO STIPULATED.

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Dated: February 4, 2016

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LAW OFFICES OF MARK S. NELSON
Attorney for Plaintiffs,
William Hartung and Robert Hartung
By:

/s/ Mark S. Nelson

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Dated: February 4, 2016

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COX, WOOTTON, LERNER
GRIFFIN & HANSEN LLP
Attorneys for Defendant/Cross-defendant,
Vortex Marine Construction, Inc.

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By:

/s/ Mark E. Tepper

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COX, WOOTTON,
LERNER, GRIFFIN &
HANSEN LLP
900 FRONT STREET, SUITE 350
SAN FRANCISCO, CA
94111
TEL: [phone]
FAX: [phone]

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Dated: February 4, 2016

DEMLER, ARMSTRONG
& ROWLAND, LLP
Attorneys for Defendant/Cross-defendant,
Gary Vella

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By:

/s/ Paul M. Bessette

-2STIPULATION AND [PROPOSED] ORDER EXTENDING EXPERT DISCLOSURE DEADLINE

Case No. 2:15-cv-01034-WBS-AC

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CERTIFICATE OF SIGNATURES

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I attest that the content of this document is acceptable to attorneys Mark S. Nelson

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and Paul M. Bessette, and that each of them has authorized me to sign this document on

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their behalf.

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[PROPOSED] ORDER
Pursuant to Paragraph IX of the Status (Pretrial Scheduling) Order (ECF No. 14),
and the parties' stipulation, it is hereby ORDERED that the current deadline for expert
disclosures shall be vacated and reset for April 15, 2016, with rebuttal expert disclosures
reset for May 16, 2016. It is further ORDERED that the current discovery cutoff deadline
shall be vacated and reset for July 1, 2016.

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IT IS SO ORDERED.
DATED: February 8, 2016

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COX, WOOTTON,
LERNER, GRIFFIN &
HANSEN LLP
900 FRONT STREET, SUITE 350
SAN FRANCISCO, CA
94111
TEL: [phone]
FAX: [phone]

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-3STIPULATION AND [PROPOSED] ORDER EXTENDING EXPERT DISCLOSURE DEADLINE

Case No. 2:15-cv-01034-WBS-AC