United States of America v. LaPant et al

Filing 109

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 9/24/19. The United States is granted leave to produce, by 9/27/19, a supplemental report from Peter Stokely. Defendants are granted leave to produce, by 9/30/19, a supplemental report from Mike Delmanowski. The parties shall have through and including 11/1/19, to submit to The Honorable Deborah Barnes any discovery disputes. The dispositive motion hearing deadline is moved to 1/24/20. The filing deadline for the joint pretrial statement is 3/10/20. A settlement conference is SET for 12/4/2019, at 9:00 a.m. in Courtroom 25 before Magistrate Judge Kendall J. Newman. (Mena-Sanchez, L)

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ANDREW J. DOYLE
JOHN THOMAS H. DO
ANDREW S. COGHLAN
United States Department of Justice
Environmental and Natural Resources Division
Environmental Defense Section
P.O. Box 7611
Washington, DC 20044
Tel: [phone] / Fax: [phone]

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Attorneys for the United States

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CANNATA, O’TOOLE, FICKES & OLSON
THERESE Y. CANNATA
MARK P. FICKES
100 Pine Street, Suite 350
San Francisco, CA 94111
Telephone: [phone] / Facsimile: 415.409.8904
Attorneys for Defendants Roger J. LaPant, Jr., d.b.a. J&J Farms

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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2:16-cv-001498-KJM-DB

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UNITED STATES OF AMERICA,
Plaintiff,
v.
ROGER J. LAPANT, JR. and J&J
FARMS,

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STIPULATION AND ORDER FOR
ADDITIONAL TIME TO TAKE
DEPOSITIONS; TO EXTEND CERTAIN
DEADLINES; AND FOR MEDIATION

Defendants.

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The parties that remain in active litigation in this case, Plaintiff United States of America

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(“Plaintiff” or “United States”) and Defendant Roger J. LaPant, Jr. d.b.a. J&J Farms (“Defendant”

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or “Mr. LaPant”), have met and conferred and hereby stipulate and propose for the Court’s

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approval the following joint requests:

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1.

Pursuant to the Scheduling Order dated April 17, 2019 (ECF No. 103), discovery

STIPULATION/ORDER RE: DEPOSITIONS, DEADLINES, MEDIATION 1

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closed on August 14, 2019. The parties do not request that this date be extended as

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a general matter. However, as specified herein, the parties request that they have

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additional time to take depositions and to produce supplemental reports, as well as

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an attendant extension of the parties’ right to seek resolution of discovery disputes.

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These requests are set forth in paragraphs 3 and 4 (and their subparagraphs) below.

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The parties concurrently request additional time for the hearing of dispositive

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motions and the filing of a joint pretrial statement, as discussed below (in

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paragraphs 5 and 6, respectively). Also as discussed below (in paragraph 7), the

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parties request mediation.

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2.

Mr. LaPant’s reason for the requested extension is principally to complete

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deposition discovery, the scheduling of which has been impacted by two unforeseen

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events, and the United States wishes to accommodate the situation. First, Mr.

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LaPant has advised that wife suffered serious health complications following

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surgery, which required Mr. LaPant to assist his wife with multiple hospitalizations

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and round-the-clock care when she was able to return home. Her condition is now

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improving but in the months of June through August 2019, her health issues were

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serious and required daily attention by Mr. LaPant. Second, while the parties were

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meeting and conferring about Mr. LaPant’s situation, one of his retained experts,

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Damon Brown, was killed in an airplane accident on July 25, 2019.

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3.

With regard to completing fact and expert depositions, the Parties agree as follows:
a.

Washington, DC depositions. Defendant may take the depositions of

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Plaintiff’s experts Peter Stokely and Mark Rains on October 10 and 11, 2019, respectively, both to

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occur in Washington, DC.

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b.

San Francisco depositions. Plaintiff United States may take the depositions

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of Todd LaPant and Roger J. LaPant, Jr., on October 21 and 22, 2019, respectively; Paul

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Wisniewski on October 17, 2019, and Mike Delmanowski on October 18, 2019, all to be held in

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San Francisco, California.

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c.

Sacramento depositions. Defendant may take the depositions of Matthew

STIPULATION/ORDER RE: DEPOSITIONS, DEADLINES, MEDIATION 2

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Kelley on October 16, 2019,and Gregory House on October 18, 2019; and Plaintiff United States

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make take the deposition of Paul Squires on October 17, 2019, all to be held in Sacramento,

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California.

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4.

The Court’s Amended Scheduling Order dated April 7, 2017 (ECF No. 32) requires

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leave of Court for any “additional expert reports, including any purported supplemental expert

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reports.” (Id. at 4:1-2.)

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a.

The parties stipulate and propose for the Court’s approval that, in light of

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additional aerial photographs brought to the parties’ attention by settling defendants’ (now

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withdrawn) expert: (1) Defendant be granted leave to produce a supplemental report from Paul

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Wisniewski, a final draft of which Defendant shared with the United States on September 6, 2019,

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and shall not change; and (2) Plaintiff United States be granted leave to produce, by September 27,

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2019, a supplemental report from Peter Stokely, the scope of which shall be limited to the scope of

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Mr. Wisniewski’s supplemental report dated September 6, 2019.

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b.

The parties stipulate and propose for the Court’s approval that, in light of

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Defendant’s expert Damon Brown’s passing, Defendant be granted leave to substitute Mike

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Delmanowski. Further, Defendant is granted leave to produce, by September 30, 2019, a

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supplemental report from Mr. Delmanowski, the scope of which shall be limited to Mr.

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Delmanowski’s adoption, in whole or in part, of the analysis, opinions, and bases attributed to Mr.

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Brown as set forth in an expert report that Mr. LaPant produced in June 2018.

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c.

The parties shall have through and including November 1, 2019, to submit

to the assigned U.S. Magistrate Judge (The Honorable Deborah Barnes) any discovery disputes.

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5.

Pursuant to the Scheduling Order dated April 17, 2019 (ECF No. 103), the last day

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to hear dispositive motions is currently October 18, 2019. In light of the additional time for

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depositions and supplemental reports requested herein, the parties request that the Court adopt the

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following schedule for dispositive motions:

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a.

Opening motions and briefs shall be filed and served on November 22,

b.

Opposition briefs shall be filed and served on December 20, 2019.

2019.

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c.

Reply briefs shall be filed and served on January 17, 2020.

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d.

The hearing of such motions shall be noticed for January 24, 2020 (or, if

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that date is not available to the Court, the hearing of such motions shall be noticed for first

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available date thereafter).

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6.

Pursuant to the Scheduling Order dated April 17, 2019 (ECF No. 103), a joint

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pretrial statement is currently due December 18, 2019. In light of the requested extended

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dispositive motion deadline and intervening holidays, the parties request that this deadline be

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extended to March 10, 2020.

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7.

To date, the parties have not requested, and the Court has not referred the parties to,

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a judicially-facilitated settlement conference. Based on their attorneys’ experience with the

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Honorable Kendall J. Newman in other cases (including a Clean Water Act civil enforcement

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action), the parties request that they be ordered to prepare for and attend a settlement conference on

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a date and time that works for the parties and for Judge Newman, provided that such conference

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occurs no later than December 18, 2019.

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Dated: September 20, 2019

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Respectfully submitted,

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/s/ Andrew J. Doyle
United States Department of Justice
Environmental and Natural Resources Division
Environmental Defense Section
P.O. Box 7611
Washington, DC 20044
Tel: [phone]

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Attorney for the United States

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CANNATA, O’TOOLE, FICKES & OLSON LLP

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/s/ Therese Y. Cannata
THERESE Y. CANNATA
Attorneys for Defendant ROGER J. LAPANT, Jr.,
d.b.a J&J FARMS

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//

STIPULATION/ORDER RE: DEPOSITIONS, DEADLINES, MEDIATION 4

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ORDER
Upon due consideration, and for good cause shown, the Court approves the foregoing
stipulation and orders as follows:
1. The parties may take depositions outside the close of discovery as specified
herein.
2. Defendants are granted leave to produce a supplemental report from Paul

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Wisniewski, a final draft of which Defendant shared with the United States on

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September 6, 2019, and shall not change.

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3. The United States is granted leave to produce, by September 27, 2019, a

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supplemental report from Peter Stokely, the scope of which shall be limited to the

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scope of Mr. Wisniewski’s supplemental report.

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4. Defendants are granted leave to produce, by September 30, 2019, a supplemental

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report from Mike Delmanowski, the scope of which shall be limited to the

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adoption, in whole or in part, of the analysis, opinions, and bases attributed to Mr.

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Brown as set forth in an expert report that Defendant produced in June 2018.

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5. The parties shall have through and including November 1, 2019, to submit to The

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Honorable Deborah Barnes any discovery disputes.

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6. The dispositive motion hearing deadline is moved to January 24, 2020. The parties

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shall abide by the briefing schedule set forth in paragraph 5 of their stipulation.

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7. The filing deadline for the joint pretrial statement is March 10, 2020.

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8. A settlement conference is set for December 4, 2019, at 9:00 a.m. in Courtroom

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25 before Magistrate Judge Kendall J. Newman. The parties are instructed to

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have a principal with full settlement authority present for the settlement conference

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or to be fully authorized to settle the matter on any terms. The individual with full

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settlement authority to settle must also have unfettered discretion and authority to

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change the settlement position of the party, if appropriate. The purpose behind

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requiring attendance of a person with full settlement authority is that the parties

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view of the case may be altered during the face to face conference. An

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authorization to settle for a limited dollar amount or sum certain can be found not to

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comply with the requirement of full authority to settle. The parties are directed to

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exchange non-confidential settlement conference statements seven (7) days prior

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to the settlement conference. These statements shall be simultaneously delivered to

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the court using the following email address: [e-mail]. These

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statements should not be filed on the case docket. If a party desires to share

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additional confidential information with the court, they may do so pursuant to the

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provisions of Local Rule 270(d) and (e).

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Dated: September 24, 2019.

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UNITED STATES DISTRICT JUDGE

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