Hanson Aggregates Mid-Pacific, Inc. v. Pioneer et al

Filing 82

ORDER CONTINUING FACT AND EXPERT DISCOVERY CUT-OFF re 81 Stipulation filed by CSL International Inc. Signed by Judge James Larson on 12/21/09. (jlsec, COURT STAFF) (Filed on 12/21/2009)

Case3:07-cv-03849-JL Document81

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OX, WOOTTON, GRIFFIN, HANSEN & POULOS, LLP
190 THE EMBARCADERO SAN FRANCISCO, CA 94105 TEL: [phone] FAX: [phone]

COX, WOOTTON, GRIFFIN, HANSEN & POULOS, LLP Richard C. Wootton (SBN 88390) Marc T. Cefalu (SBN 203324) 190 The Embarcadero San Francisco, CA 94105 Telephone No.: 415-438-4600 Facsimile No.: 415-438-4601 Attorneys for Defendants MARBULK CANADA, INC.; MARBULK SHIPPING, INC.; and CSL INTERNATIONAL, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA HANSON AGGREGATES MID-PACIFIC,) INC., ) ) Plaintiff, ) ) v. ) ) PIONEER, IN REM, its engines, tackle, ) equipment, furnishings and machinery, IN ) PERSONAM MARBULK CANADA, ) INC.; MARBULK SHIPPING, INC.; and ) CSL INTERNATIONAL, INC. ) ) Defendants. ) ___________________________________ ) Case No.: C-07-3849-JL STIPULATION AND [PROPOSED] ORDER TO CONTINUE FACT AND EXPERT DISCOVERY CUT-OFF IN LIGHT OF THE CURRENTLY SCHEDULED SETTLEMENT CONFERENCE DATE OF FEBRUARY 10, 2010

STIPULATION IT IS HEREBY STIPULATED by the parties to this action by and through their respective counsel that good cause exists to continue the Fact Discovery Cut-off as to plaintiff Hanson Aggregates Mid-Pacific, Inc., by two weeks as well as the deadline to exchange expert reports and complete Expert Discovery by approximately 60 days in the interests of justice and judicial economy based in part upon the following: (1) This action arises as the result of the Plaintiff's claim that certain cargo [sand] shipped aboard the M/V Pioneer from Sechelt, British Columbia, Canada to Plaintiff [or Plaintiff's customer] in Redwood City, California was contaminated during the voyage. The Plaintiff -1Case No. C-07-3849-JL STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE FACT AND EXPERT DISCOVERY CUT-OFF . . .

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Case3:07-cv-03849-JL Document81

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OX, WOOTTON, GRIFFIN, HANSEN & POULOS, LLP
190 THE EMBARCADERO SAN FRANCISCO, CA 94105 TEL: [phone] FAX: [phone]

contends that it first learned of the alleged contamination on July 30, 2004 and that the defendants are responsible for its alleged resulting damages. The defendants deny they are responsible for the damages; (2) (3) No trial date has been set; On October 21, 2009, counsel for the parties attended a Case Management Conference during which certain Pre-trial deadlines were set by the Court, including a deadline to disclose expert witnesses and reports of December 18, 2009, and a deadline to compete fact and expert discovery by January 25, 2009; (4) At that same Case Management Conference, the parties requested that the matter be referred to a Settlement Conference before a U.S. Magistrate Judge. A Mandatory Settlement Conference was subsequently scheduled by Magistrate Laporte to take place on February 10, 2010 (apparently the first available date). (5) The parties have now exchanged extensive written discovery but wish to avoid the potential unnecessary cost and legal expense which would be associated with their disclosing experts and reports, as well as completeing expert discovery before the upcoming Mandatory Settlement Conference scheduled for February 10, 2010. All of that expense will be avoided should the parties reach a settlement at the upcoming Settlement Conference. Counsel for the parties further believe that if the case were not to settle at the upcoming Settlement Conference, that they could complete expert discovery, including disclosing expert reports and deposing experts, within approximately 30 days of completion of the Settlement Conference on February 10, 2010; (6) Counsel for the parties therefore request that the deadline to exchange written expert reports be extended from December 18, 2009 to -2Case No. C-07-3849-JL STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE FACT AND EXPERT DISCOVERY CUT-OFF . . .

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Case3:07-cv-03849-JL Document81

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OX, WOOTTON, GRIFFIN, HANSEN & POULOS, LLP
190 THE EMBARCADERO SAN FRANCISCO, CA 94105 TEL: [phone] FAX: [phone]

February 24, 2010, to avoid any unnecessary legal expense should the matter settle at the Settlement Conference. Counsel for the parties further request that the deadline to complete expert discovery (depositions) be continued from January 25, 2009 to March 12, 2010; (7) Finally, the parties also agree that the deadline for plaintiff Hanson Aggregates Mid-Pacific, Inc., to complete fact discovery shall be continued from January 25, 2010 to February 8, 2010; (8) Based upon the above, counsel for the parties submit that good cause exists in the interest of justice and judicial economy to grant the request. CONCLUSION Based upon the above, the parties respectfully request that the Court adopt the schedule outlined below: Expert Discovery Cut-off: Simultaneous exchange of expert reports: March 12, 2010 February 24, 2010

Fact Discovery Cut-off as to plaintiff only: February 8, 2010 All other deadlines to remain as previously ordered. Respectfully Submitted, Dated: December 17, 2009 NIXON PEABODY LLP Attorneys for Plaintiff HANSON AGGREGATES MID-PACIFIC, INC. By: _____/S/ David Kolek_____________ David Kolek Dated: December 17, 2009 COX, WOOTTON, GRIFFIN, HANSEN & POULOS, LLP Attorneys for Defendants MARBULK CANADA, INC.; MARBULK SHIPPING, INC.; and CSL INTERNATIONAL, INC. By: ___/S/ Marc T. Cefalu____________ Marc T. Cefalu -3Case No. C-07-3849-JL STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE FACT AND EXPERT DISCOVERY CUT-OFF . . .

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Case3:07-cv-03849-JL Document81

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OX, WOOTTON, GRIFFIN, HANSEN & POULOS, LLP
190 THE EMBARCADERO SAN FRANCISCO, CA 94105 TEL: [phone] FAX: [phone]

[PROPOSED] ORDER PURSUANT TO STIPULATION IT IS HEREBY ORDERED THAT the following schedule is adopted by the Court: Expert Discovery Cut-off: Simultaneous exchange of expert reports: March 12, 2010 February 24, 2010

Fact Discovery Cut-off as to plaintiff only: February 8, 2010 All other deadlines to remain as previously ordered.

IT IS SO ORDERED.

Date: ____________________, 2009 December 21, 2009

By: ________________________________ Magistrate James Larson Chief Magistrate Judge United States District Court

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