Lennar Mare Island, LLC v. Steadfast Insurance Company

Filing 174

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 6/21/2017 ORDERING that the deposition of Expert Jeffrey Zelikson may proceed in San Francisco, California, during the week of 8/7/2017, on a date to be mutually agreed upon by the parties, and FURTHER ORDERS that the deposition Valerie Lee will occur on 6/23/2017, in San Francisco, California. All other deadlines, including the 10/16/2017 trial date, are unchanged. (Zignago, K.)

1 Deborah S. Ballati (State Bar No. 067424)
[e-mail]
2 Adam C. Dawson (State Bar No. 136551)
[e-mail]
3 Karen P. Kimmey (State Bar No. 173284)
[e-mail]
4 Amanda D. Hairston (State Bar No. 251096)
[e-mail]
5 Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
6 San Francisco, California 94104
Telephone: [phone]
7 Facsimile: [phone]
8 Attorneys for Counterdefendant and Counterclaimant
CH2M HILL CONSTRUCTORS, INC.
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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13 LENNAR MARE ISLAND, LLC,

Case No. 2:12-cv-02182-KJM-KJN

14

Case No. 2:16-cv-00291-KJM-KJN

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Plaintiff,
vs.

16 STEADFAST INSURANCE COMPANY,
and DOES 1 through 10,
17
Defendants.
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STIPULATION AND ORDER
REGARDING THE DEPOSITIONS OF
CCI’S EXPERT JEFFREY ZELIKSON
AND THE UNITED STATES’ EXPERT
VALERIE LEE
The Honorable Kimberly J. Mueller

19 AND RELATED COUNTER-CLAIMS
AND CROSS-CLAIMS
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Trial Date: October 16, 2017

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IT IS HEREBY STIPULATED and agreed by and between the UNITED STATES,

23 LENNAR MARE ISLAND, LLC (“LMI”), CH2M HILL CONSTRUCTORS, INC. (“CCI”), and
24 STEADFAST INSURANCE COMPANY (“STEADFAST”), and subject to approval by the
25 Court, as follows:
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1.

Whereas, CCI has designated Jeffrey Zelikson as an expert to testify at trial in this

27 matter, and has filed and served his expert report; and
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Farella Braun + Martel LLP
th
235 Montgomery Street, 17 Floor
San Francisco, California 94104
[phone]

Stipulation and Order Re the Depositions of CCI’s
Expert Jeffrey Zelikson and the U.S.’ Expert Valerie
Lee – Case No. 2:12-cv-02182-KJM-KJN

22473\5959084.2

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2.

Whereas, Mr. Zelikson was required to undergo unplanned emergency open-heart

2 surgery on April 16, 2017; and
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3.

Whereas, Mr. Zelikson is recuperating and is currently expected to make a full

4 recovery, but will not be sufficiently recovered to sit for his deposition by the June 12, 2017 expert
5 discovery deadline;
6

4.

Whereas, allowing Mr. Zelikson to be deposed after June 12, 2017 will not affect

7 the October 16, 2017 trial date;
8

5.

Whereas, the United States has designated Valerie Lee as an expert to testify at trial

9 in this matter, and has filed and served her expert report; and
10

6.

Whereas, Ms. Lee suffered an unexpected leg injury and is severely restricted in

11 her ability to travel;
12

7.

Whereas, Ms. Lee is recuperating and is expected to make a full recovery, but will

13 not be sufficiently recovered to sit for her deposition in San Francisco by the June 12, 2017 expert
14 discovery deadline;
15

8.

Now, therefore, subject to the approval of the Court which is requested hereby, the

16 Parties stipulate and agree that Mr. Zelikson will be deposed in San Francisco, California, during
17 the week of August 7, 2017, on a date to be mutually agreed upon by the parties; and that Ms. Lee
18 will be deposed on June 23, 2017 in San Francisco, California.
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Farella Braun + Martel LLP
th
235 Montgomery Street, 17 Floor
San Francisco, California 94104
[phone]

Stipulation and Proposed Order Re the Depositions of
CCI’s Expert Jeffrey Zelikson and the U.S.’ Expert
Valerie Lee – Case No. 2:12-cv-02182-KJM-KJN

2

22473\5959084.2

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IT IS SO STIPULATED

2 Dated: May 15, 2017

PENNINGTON LAWSON LLP

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4

By:

/s/ Ryan L. Werner (as authorized on 5/15)
Ryan L. Werner, Esq.

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Attorneys for Plaintiff
LENNAR MARE ISLAND, LLC

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7 Dated: May 15, 2017

FARELLA BRAUN + MARTEL LLP

8
By:
9
10

/s/ Adam C. Dawson
Adam C. Dawson, Esq.
Attorneys for Counterdefendant and Counterclaimant
CH2M HILL CONSTRUCTORS, INC.

11
12 Dated: May 15, 2017

QUINN EMANUEL URQUHART & SULLIVAN, LLP

13
By:
14
15

/s/ Dale H. Oliver (as authorized 5/15)
Dale H. Oliver, Esq.
Attorneys for Defendant, Counterclaimant, and
Counterdefendant
STEADFAST INSURANCE COMPANY

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17
18 Dated: May 15, 2017

U.S. DEPARTMENT OF JUSTICE

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20

By:

/s/ John T. McConkie (as authorized 5/15)
John T. McConkie, Esq.

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Attorneys for Plaintiff-intervenor
UNITED STATES OF AMERICA

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28
Farella Braun + Martel LLP
th
235 Montgomery Street, 17 Floor
San Francisco, California 94104
[phone]

Stipulation and Proposed Order Re the Depositions of
CCI’s Expert Jeffrey Zelikson and the U.S.’ Expert
Valerie Lee – Case No. 2:12-cv-02182-KJM-KJN

3

22473\5959084.2

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2

ORDER
The Court, having reviewed and considered the Parties’ Stipulation Regarding the

3 Deposition of CCI’s Expert Jeffrey Zelikson and the United States’ Expert Valerie Lee, and good
4 cause appearing:
5

HEREBY ORDERS that the deposition of Expert Jeffrey Zelikson may proceed in San

6 Francisco, California, during the week of August 7, 2017, on a date to be mutually agreed upon by
7 the parties, and
8

FURTHER ORDERS that the deposition of Valerie Lee will occur on June 23, 2017, in

9 San Francisco, California.
10

All other deadlines, including the October 16, 2017 trial date, are unchanged.

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12

IT IS SO ORDERED.

13 DATED: June 21, 2017.
14
15

UNITED STATES DISTRICT JUDGE

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28
Farella Braun + Martel LLP
th
235 Montgomery Street, 17 Floor
San Francisco, California 94104
[phone]

Stipulation and Proposed Order Re the Depositions of
CCI’s Expert Jeffrey Zelikson and the U.S.’ Expert
Valerie Lee – Case No. 2:12-cv-02182-KJM-KJN

4

22473\5959084.2