United States of America v. LaPant et al

Filing 49

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 06/06/17 ORDERING that the 32 Scheduling Order is AMENDED as follows: any joinder of parties or amendments to the pleadings due by 01/16/18; all discovery (fact or expert) shall be completed by 07/20/18; Designation of Expert Witnesses due by 02/23/18 with any responsive reports due 04/27/18; all dispositive motions shall be heard no later than 09/21/18; Final Pretrial Conference set for 01/25/19 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller with a joint pretrial conference statement due 12/21/18; Motions in limine shall be filed by 01/12/19 with oppositions due 01/22/19, any replies due 01/29/19 and any hearing, if needed, held on or befo re 02/22/19; Jury Trial on liability is set for 04/15/19 at 09:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller with Trial briefs due by 03/29/19. If the jury returns a verdict for the U.S. on liability against defendant(s), a b ench trial on the remedy phase is set for 05/20/19 at 9:00 AM. The U.S. shall withdraw the 45 05/26/17 protective motion to compel; no fact or expert depositions may be taken in July or August, 2017, with one exception: the U.S. will not object to a mutually agreeable date in July, 2017, for one or more Defendants to take the deposition of Charley Ohm. The U.S. reserves all other objections to any such deposition. (Benson, A)

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DOWNEY BRAND LLP
ROBERT P. SORAN
ASHLEY M. BOULTON
621 Capitol Mall, 18th Floor
Sacramento, CA 95814-4731
Telephone: [phone] / Facsimile: [phone]
Attorneys for Defendants
GOOSE POND AG, INC., and FARMLAND MANAGEMENT SERVICES
CANNATA, O’TOOLE, FICKES & ALMAZAN
THERESE Y. CANNATA
KIMBERLY A. ALMAZAN
100 Pine Street, Suite 350
San Francisco, CA 94111
Telephone: [phone] / Facsimile: 415.409.8904
Attorneys for Defendants
ROGER J. LAPANT, JR. and J&J FARMS

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JEFFREY H. WOOD
Acting Assistant Attorney General
ANDREW J. DOYLE
JOHN THOMAS H. DO
United States Department of Justice
Environmental and Natural Resources Division
P.O. Box 7611
Washington, DC 20044
Telephone: [phone] (Doyle), [phone] (Do)
PHILLIP A. TALBERT
United States Attorney
GREGORY T. BRODERICK
Assistant United States Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]
Attorneys for the UNITED STATES OF AMERICA

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,
Plaintiff,
v.
ROGER J. LAPANT, JR., et al.,
Defendants.

Case No. 2:16-cv-01498-KJM-DB
JOINT STATUS REPORT,
STIPULATION, MOTION, AND
PROPOSED ORDER TO AMEND

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Joint Motion to Amend Schedule

Case No. 2:16-cv-01498-KJM-DB

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The Parties to this action—Plaintiff United States of America and Defendants Roger J.

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LaPant, J&J Farms, Goose Pond Ag, Inc., and Farmland Management Services (collectively,

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unless specially noted, “Defendants”)—have conferred following the issuance of the Court’s

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Minute Order of April 19, 2017 (ECF No. 42) and hereby provide this status report, stipulation,

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motion, and proposed order to amend the Court’s Amended Status (Pretrial Scheduling) Order of

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April 7, 2017 (ECF No. 32) (“Scheduling Order”).

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1.

Defendants’ opposed motions for stay, as referenced in the Court’s Minute Order

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of April 19, 2017, remain pending. All paragraphs of this joint status report, stipulation, and

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motion that follow are without prejudice to Defendants’ arguments in support of their requested

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stay and without prejudice to the United States’ opposition to Defendants’ requested stays. If the

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Court denies Defendants’ motions for stay, all paragraphs of this joint status report, stipulation,

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and motion remain unaltered. If the Court grants Defendants’ motions for stay, the parties shall

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meet and confer and file any appropriate update.

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2.

Scheduling Order:

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a.

b.

c.

d.

The parties shall provide “responsive expert reports” by April 27, 2018

(rather than December 13, 2017, under the Scheduling Order at 3:26).

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The parties shall provide “opening expert reports” by February 23, 2018

(rather than October 2, 2017, under the Scheduling Order at 3:15).

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All discovery (fact or expert) shall be completed by July 20, 2018 (rather

than February 23, 2018, under the Scheduling Order at 2:12 and 4:14).

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Any joinder of parties or amendments to the pleadings shall be filed by

January 16, 2018 (rather than October 1, 2017, under the Scheduling Order at 2:2-3).

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The parties stipulate and move to amend the following deadlines set forth in the

e.

All dispositive motions shall be heard no later than September 21, 2018

(rather than April 20, 2018, under the Scheduling Order at 4:17).

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f.

The parties shall confer and file a joint pretrial conference statement by

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December 21, 2018 (rather than August 31, 2018, under the Scheduling Order at 6:22).

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/////

Joint Motion to Amend Schedule

No. 2:16-cv-01498-KJM-DB
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g.

September 10, 2018, under the Scheduling Order at 9:7).

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h.

i.

j.

k.

l.

Trial briefs are due by March 29, 2019 (rather than October 15, 2018,

under the Scheduling Order at 9:16).

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The Final Pretrial Conference is set for January 25, 2019 (rather than

September 21, 2018, under the Scheduling Order at 6:14).

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Any hearing, if needed, shall be held on or before February 22, 2019

(rather than October 5, 2018, under the Scheduling Order at 9:9).

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Replies to oppositions to motions in limine are due January 29, 2019

(rather than September 27, 2018, under the Scheduling Order at 9:8).

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Oppositions to motions in limine are due January 22, 2019 (rather than

September 20, 2018, under the Scheduling Order at 9:8).

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Motions in limine shall be filed by January 12, 2019 (rather than

m.

The jury trial on liability is set for April 15, 2019 (rather than October 29,

2018, under the Scheduling Order at 9:15).

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n.

If the jury returns a verdict for the United States on liability against

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defendant(s), a bench trial on the remedy phase is set for May 20, 2019 (rather than December 3,

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2018, under the Scheduling Order at 9:18).

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3.

In all other respects, the Scheduling Order remains in effect.

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4.

Defendants agree to provide the United States with access to the Site either from

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September 18 to 22, 2017 or September 25 to 29, 2017 — at the United States’ choosing1 —

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absent a material change or development in the regulatory, administrative, or judicial arenas

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affecting the Clean Water Act standards applicable to the claims against Defendants. In the

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The United States shall notify Defendants of its selection no later than the conclusion of the
remedy trial in the related Duarte case, which is currently scheduled to begin on August 14,
2017. That trial involves many of the same experts. In the event that the trial runs longer than
the United States currently expects (10 days) or is rescheduled for September, 2017, the United
States may substitute a period of five days in October, 2017, after meeting and conferring with
Defendants. In no event shall the date notice provided by the United States to Defendants be less
than 21 days in advance of the United States’ selected inspection date.

Joint Motion to Amend Schedule

No. 2:16-cv-01498-KJM-DB
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event that Defendants believe that such a material change or development has occurred,

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Defendants must provide notice, in writing, to counsel for the United States, and the parties shall

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meet and confer. However, unless and until Defendants obtain a protective order or other

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appropriate relief (or agreement of the parties) halting the September, 2017 inspection, the

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United States shall have access to the Site under the timeframe stated at the outset of this

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paragraph. The United States reserves all rights to argue that there has been no material change

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or development; access to the Site is warranted regardless of any alleged change or development;

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and any other argument opposing Defendants’ motion for a protective order or other appropriate

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relief.

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5.

The United States shall withdraw the protective motion to compel it filed on May

26, 2017 (ECF No. 45).
6.

No fact or expert depositions may be taken in July or August, 2017, with one

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exception: the United States will not object to a mutually agreeable date in July, 2017, for one or

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more Defendants to take the deposition of Charley Ohm. The United States reserves all other

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objections to any such deposition.

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7.

Parties may only file an “early” dispositive motion (e.g., a motion for summary

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judgment or partial summary judgment filed before the dispositive motion deadline) after all

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opening and responsive expert reports have been exchanged in accordance with the schedule of

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dates set forth above in this stipulation, and there has been a reasonable opportunity for expert

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depositions following the exchange those expert reports.

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STIPULATED AND RESPECTFULLY SUBMITTED,

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DATED: June 1, 2017

DOWNEY BRAND LLP
By: /s/ Robert P. Soran
ROBERT P. SORAN
Attorneys for Defendants GOOSE POND AG, INC.,
and FARMLAND MANAGEMENT SERVICES

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CANNATA, O’TOOLE, FICKES & ALMAZAN LLP

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By: /s/ Therese Y. Cannata
THERESE Y. CANNATA
Attorneys for Defendants ROGER J. LAPANT, Jr.,
Joint Motion to Amend Schedule

No. 2:16-cv-01498-KJM-DB
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and J&J FARMS

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JEFFREY H. WOOD
Acting Assistant Attorney General

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By: /s/ Andrew J. Doyle
ANDREW J. DOYLE
Attorneys for Plaintiff UNITED STATES OF
AMERICA

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ORDER
Upon due consideration, the Court approves and enters the foregoing stipulation and
motion as an Order and amendment to the Scheduling Order (ECF No. 32).
DATED: June 6, 2017.

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UNITED STATES DISTRICT JUDGE

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Joint Motion to Amend Schedule

No. 2:16-cv-01498-KJM-DB
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