Glenn-Colusa Irrigation District v. United States Army Corps of Engineers et al

Filing 27

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 10/15/2018 ORDERING that plaintiff Glenn-Colusa Irrigation District may take 10 depositions beyond the presumptive limit of 10 depositions outlined in the Federal Rules of Civil Procedure, for a total of 20 depositions. (Washington, S)

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SOMACH SIMMONS & DUNN
A Professional Corporation
STUART L. SOMACH, ESQ. (SBN 90959)
FRANCIS M. GOLDSBERRY, II, ESQ. (SBN 63737)
ALEXIS K. STEVENS, ESQ. (SBN 260756)
500 Capitol Mall, Suite 1000
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiff GLENN-COLUSA
IRRIGATION DISTRICT

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SOMACH SIMMONS & DUNN
A Professional Corporation

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GLENN-COLUSA IRRIGATION DISTRICT,

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Plaintiff,

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v.

CASE NO. 2:17-CV-00120-WBS-GGH
STIPULATION AND [PROPOSED]
ORDER REGARDING THE TAKING
OF ADDITIONAL DEPOSITIONS

UNITED STATES ARMY CORPS OF
ENGINEERS; et al.,

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Defendants.
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This stipulation is entered into by and between Plaintiff, Glenn-Colusa Irrigation District

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(Plaintiff); and Defendants, United States Army Corps of Engineers (USACE), R.D. James,

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Assistant Secretary of the Army for Civil Works1, Lieutenant General Todd T. Semonite,

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Commanding General and Chief of Engineers, USACE, and Colonel David Ray, District

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Commander, USACE, Sacramento District (collectively, “Defendants”).
WHEREAS, Plaintiff and Defendants (collectively, the “Parties”) are engaged in litigation

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in the above-captioned matter; and

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///

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R.D. James is automatically substituted for Robert M. Speer under Fed. R. Civ. P. 25(d).

STIPULATION AND [PROPOSED] ORDER REGARDING THE TAKING OF ADDITIONAL DEPOSITIONS 1

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WHEREAS, Rule 30(a)(2) of the Federal Rules of Civil Procedure establishes a
presumptive limit of ten (10) depositions each for plaintiffs and defendants; and
WHEREAS, Defendant USACE, through its initial disclosures and responses to other

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discovery, has identified at least eighteen (18) individuals, including staff, consultants, and

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experts, who may have relevant information related to Plaintiff’s claims; and

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SOMACH SIMMONS & DUNN
A Professional Corporation

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WHEREAS, Plaintiff further identified at least two (2) individuals as non-retained experts
having relevant information to Plaintiff’s claims; and
WHEREAS, the duration of the dispute underlying this litigation and complexity of the
issues involved in this matter require that Plaintiff take additional depositions beyond the
presumptive limit in Rule 30(a)(2); and
WHEREAS, the Parties have conferred regarding the subject of Plaintiff taking additional
depositions in this matter; and
NOW, THEREFORE, the Parties hereby stipulate, and respectfully request that the Court
so order, that the following Stipulation shall govern in the instant case:
1.

Pursuant to Rule 30(a)(2) of the Federal Rules of Civil Procedure, the Parties agree

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to allow Plaintiff to take up to ten (10) depositions beyond the presumptive limit of ten (10)

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depositions, for a total of twenty (20) depositions in this matter.

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2.

This Stipulation may be executed in counterparts.

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IT IS SO STIPULATED.

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SOMACH SIMMONS & DUNN
A Professional Corporation

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DATED: October 12, 2018

By: /s/ Alexis K. Stevens
STUART L. SOMACH
FRANCIS M. GOLDSBERRY
ALEXIS K. STEVENS
Attorneys for Plaintiff GLENN-COLUSA
IRRIGATION DISTRICT

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STIPULATION AND [PROPOSED] ORDER REGARDING THE TAKING OF ADDITIONAL DEPOSITIONS 2

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McGREGOR W. SCOTT
United States Attorney

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DATED: October 12, 2018

By: /s/ Benjamin E. Hall
Benjamin E. Hall
Assistant U.S. Attorney
Attorney for Defendants UNITED STATES
ARMY CORPS OF ENGINEERS, et al.

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SOMACH SIMMONS & DUNN
A Professional Corporation

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STIPULATION AND [PROPOSED] ORDER REGARDING THE TAKING OF ADDITIONAL DEPOSITIONS 3

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ORDER

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The Court, having considered the stipulation submitted herewith, hereby makes the

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following order:
Plaintiff Glenn-Colusa Irrigation District may take ten (10) depositions beyond the

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presumptive limit of ten (10) depositions outlined in the Federal Rules of Civil Procedure, for a

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total of twenty (20) depositions.

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IT IS SO ORDERED.

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Dated: October 15, 2018

SOMACH SIMMONS & DUNN
A Professional Corporation

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STIPULATION AND [PROPOSED] ORDER REGARDING THE TAKING OF ADDITIONAL DEPOSITIONS 4