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.)

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1 Deborah S. Ballati (State Bar No. 067424) dballati@fbm.com 2 Adam C. Dawson (State Bar No. 136551) adawson@fbm.com 3 Karen P. Kimmey (State Bar No. 173284) kkimmey@fbm.com 4 Amanda D. Hairston (State Bar No. 251096) ahairston@fbm.com 5 Farella Braun + Martel LLP 235 Montgomery Street, 17th Floor 6 San Francisco, California 94104 Telephone: (415) 954-4400 7 Facsimile: (415) 954-4480 8 Attorneys for Counterdefendant and Counterclaimant CH2M HILL CONSTRUCTORS, INC. 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION 12 13 LENNAR MARE ISLAND, LLC, Case No. 2:12-cv-02182-KJM-KJN 14 Case No. 2:16-cv-00291-KJM-KJN 15 Plaintiff, vs. 16 STEADFAST INSURANCE COMPANY, and DOES 1 through 10, 17 Defendants. 18 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 20 Trial Date: October 16, 2017 21 22 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: 26 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 28 Farella Braun + Martel LLP th 235 Montgomery Street, 17 Floor San Francisco, California 94104 (415) 954-4400 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 1 2. Whereas, Mr. Zelikson was required to undergo unplanned emergency open-heart 2 surgery on April 16, 2017; and 3 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. 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// Farella Braun + Martel LLP th 235 Montgomery Street, 17 Floor San Francisco, California 94104 (415) 954-4400 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 1 IT IS SO STIPULATED 2 Dated: May 15, 2017 PENNINGTON LAWSON LLP 3 4 By: /s/ Ryan L. Werner (as authorized on 5/15) Ryan L. Werner, Esq. 5 Attorneys for Plaintiff LENNAR MARE ISLAND, LLC 6 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 16 17 18 Dated: May 15, 2017 U.S. DEPARTMENT OF JUSTICE 19 20 By: /s/ John T. McConkie (as authorized 5/15) John T. McConkie, Esq. 21 Attorneys for Plaintiff-intervenor UNITED STATES OF AMERICA 22 23 24 25 26 27 28 Farella Braun + Martel LLP th 235 Montgomery Street, 17 Floor San Francisco, California 94104 (415) 954-4400 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 1 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. 11 12 IT IS SO ORDERED. 13 DATED: June 21, 2017. 14 15 UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 Farella Braun + Martel LLP th 235 Montgomery Street, 17 Floor San Francisco, California 94104 (415) 954-4400 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

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