City of Lincoln v. United States of America et al

Filing 44

THIRD AMENDMENT TO THE PRETRIALSCHEDULING ORDER signed by District Judge Kimberly J. Mueller on 10/20/17, ORDERING that the Discovery Cutoff is 2/9/2018, Plaintiff's Expert Disclosures due 3/14/2018, Defendants' Expert Disclosures due 5/ 14/2018, Supplemental Expert Disclosures due 6/11/2018, Completion of Expert Discovery due 7/13/2018 and the Hearing on Dispositive Motions is 8/24/2018. The Final Pretrial Conference, Trial Briefs' deadline and Trial are VACATED to be reset as necessary. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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) Case No.: 2:16-cv-01164-KJM-AC
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Plaintiff,
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vs.
) THIRD AMENDMENT TO THE PRETRIAL
) SCHEDULING ORDER
UNITED STATES OF AMERICA, UNITED )
STATES DEPARTMENT OF THE AIR
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FORCE; UNITED STATES GENERAL
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SERVICES ADMINISTRATION; and DOES 1 )
through 100, inclusive,
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Defendants.
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CITY OF LINCOLN,

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The parties jointly requested (ECF No. 39) to amend dates in the pretrial scheduling order

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(ECF No. 18). The City also agreed not to oppose any motion by the United States to file an

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Amended Answer to include a counterclaim under the Comprehensive Environmental Response,

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Compensation, and Liability Act (“CERCLA”), 42 U.S.C. § 9613(f), and based upon this agreement,

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the parties filed a stipulation to allow for the United States to file an Amended Answer to include

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such a counterclaim under CERCLA. (ECF No. 39).

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The parties have now filed a stipulation requesting clarification of the Second Amendment to

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the Scheduling Order (ECF No. 42), to determine whether defendants are authorized to file an

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Amended Answer to include a counterclaim under CERCLA, 42 U.S.C. § 9613(f). The parties also
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Case No. 2:16-cv-01164-KJM-AC

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filed the stipulation to alert the court to two apparent typos in the Second Amendment to the

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Scheduling Order, and to request clarification from the court as to these two typos.

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Good cause appearing, the court GRANTS the United States’ request to file an Amended

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Answer to include a counterclaim under CERCLA, 42 U.S.C. § 9613(f). Section II of the scheduling

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order is hereby amended as follows:

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Section II. ADDITIONAL PARTIES/AMENDMENTS/PLEADINGS

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The United States may file an Amended Answer to include a counterclaim under CERCLA

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Section 113, 42 U.S.C. § 9613.

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Further, good cause appearing, the court GRANTS the parties’ request to amend dates in the

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pretrial scheduling order, as follows, but vacates the final three dates to be reset as needed after ruling

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on any dispositive motions or passage of the dispositive motion cutoff without the filing of such

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motions:

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Existing Date

New Date

Discovery Cutoff

October 6, 2017

February 9, 2018

Plaintiff’s Expert Disclosures

November 14, 2017

March 14, 2018

Defendants’ Expert Disclosures

January 12, 2018

May 14, 2018

Supplemental Expert Disclosures February 9, 2018

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Description

June 11, 2018

Completion of Expert Discovery March 14, 2018

July 13, 2018

Hearing on Dispositive Motions April 30, 2018

August 24, 2018

Final Pretrial Conference

Vacated to be reset as

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August 24, 2018

necessary

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Trial Briefs Due

October 8, 2018

necessary

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Vacated to be reset as

Trial

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October 22, 2018

Vacated to be reset as
necessary

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Case No. 2:16-cv-01164-KJM-AC

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This amendment does not alter any other portions of the initial scheduling order (ECF No. 18).
IT IS SO ORDERED.
DATED: October 20, 2017.

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UNITED STATES DISTRICT JUDGE

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Case No. 2:16-cv-01164-KJM-AC