Hartung et al v. Vortex Marine Construction et al

Filing 20

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 04/04/16 ORDERING that Designation of Expert Witnesses due by 6/30/2016 with rebuttal expert disclosures due 07/30/16 and discovery cutoff is now 09/01/16. (Benson, A)

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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 EXTENDING
EXPERT DISCLOSURE DEADLINE
AND [PROPOSED] ORDER

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
F.R.C.P. 26 is set for April 15, 2016, with rebuttal expert disclosures due one month later;
WHEREAS, the current deadline to complete all discovery, including expert
discovery, is set for July 1, 2016;
WHEREAS, despite the diligence of the parties, substantial fact discovery necessary

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

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, one of which being defendant Gary Vella’s, who has

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been hospitalized and unavailable due to serious health issues, as well as the plaintiffs’

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IME’s which have yet to be completed due to the their ongoing health issues (one of them is
-1STIPULATION AND [PROPOSED] ORDER EXTENDING EXPERT DISCLOSURE DEADLINE

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

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in rehab until at least early May). Accordingly, the necessary discovery cannot be

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completed by April 15, 2016. It is anticipated that the necessary fact discovery will be

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completed by June 1, 2016. Accordingly, the parties agree good cause exists to extend the

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deadline to disclose experts to June 30, 2016, and rebuttal experts to July 30, 2016.

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

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(3) 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 September 1, 2016 would be more appropriate. This would place the discovery cutoff

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deadline over two months in advance of trial, currently set for November 15, 2016. The

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parties 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 June 30, 2016, the deadline to disclose rebuttal experts
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shall be extended to July 30, 2016, and the discovery cutoff deadline shall be extended to
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September 1, 2016, pending the Court’s approval.
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IT IS SO STIPULATED.
Dated: March 31, 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: March 31, 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:

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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: March 31, 2016

/s/ Mark E. Tepper

DEMLER, ARMSTRONG
& ROWLAND, LLP
Attorneys for Defendant/Cross-defendant,
Gary Vella
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 the parties’ stipulation, it is hereby ORDERED that the current deadline
for expert disclosures shall be vacated and reset for June 30, 2016, with rebuttal expert
disclosures reset for July 30, 2016. It is further ORDERED that the current discovery
cutoff deadline shall be vacated and reset for September 1, 2016.

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IT IS SO ORDERED.

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Dated: April 4, 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