KFD Enterprises Inc v. City of Eureka

Filing 545

ORDER EXTENDING TIME FOR REBUTTAL EXPERT REPORTS. The deadline to submit rebuttal expert reports shall be extended from September 7, 2012 to September 19, 2012. Expert depositions shall be stayed until after October 4, 2012. The deadline to comple te expert discovery is continued from October 26, 2012 to November 16, 2012. The extension of the above-referenced deadlines does not, by itself, constitute good cause for the extension of any other deadline. Signed by Judge Maxine M. Chesney on September 5, 2012. (mmclc2, COURT STAFF) (Filed on 9/5/2012)

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MORIS DAVIDOVITZ, ESQ. (State Bar #70581)
CHARLES BOLCOM, ESQ. (State Bar #193762)

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DAVIDOVITZ & BENNETT LLP

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One Embarcadero Center, Suite 750
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant, Counter-Claimant and Cross-Claimant
CITY OF EUREKA

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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KFD ENTERPRISES, INC., a California
Corporation dba Norman’s Dry Cleaner,

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Plaintiff,
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v.
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CITY OF EUREKA,
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Defendant.
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_____________________________________ )
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CITY OF EUREKA,
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Counter-Claimant and Third-Party Plaintiff )
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vs.
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KFD ENTERPRISES, INC., a California
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Corporation dba Normans Dry Cleaner,
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Unocal Corporation,
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Cross-Defendant and Third Party
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Defendant
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_____________________________________ )

CASE NO. CV-08-4571 MMC
STIPULATION AND PROPOSED
ORDER FOR EXTENDING TIME FOR
REBUTTAL EXPERT REPORTS
[Fed. R. Civ. Proc. 26(a)(2)(D)(ii)],
[CIVIL L.R. 6-2(a)(b), 7-12]

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Pursuant to Civil Local Rules 6-2(a), 6-2(b) and 7-12 and Fed. R. Civ. Proc. 26(a)(2)(D)(ii),

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Plaintiff KFD Enterprises, Inc., Cross-Defendant Kenneth Daer, Defendant, Cross-Claimant,

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Counter-Claimant and Cross-Defendant City of Eureka, Defendant, Cross-Defendant and Cross___________

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STIPULATION AND PROPOSED ORDER FOR EXTENDING EXPERT REBUTTAL, Case No. CV-08-4571 MMC

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Claimant Winzler & Kelly, Defendants and Cross-Defendants Union Oil Company of California,

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Unocal Corporation and Chevron Corporation, Defendant, Cross-Defendant and Cross-Claimant

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Environmental Resolutions, Inc./Cardno USA and Defendants and Cross-Defendants Multimatic

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LLC and the Kirrberg Corporation hereby stipulate as follows:

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Whereas the Court’s Pretrial Preparation Order adopted on January 24, 2012 (Doc. No.

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499) set a deadline of September 7, 2012 to rebut any party’s August 20, 2012 expert witness

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disclosure and expert written report;

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Whereas Fed. R. Civ. Proc. 26(a)(2)(D)(ii) allows for up to 30 days to rebut another party’s
expert report;
Whereas the Court’s Pretrial Preparation Order adopted on January 24, 2012 (Doc. No.

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499) set a deadline of October 26, 2012 to complete expert discovery;

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Whereas the parties have set a mediation on October 4, 2012;

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Whereas the parties have disclosed a total of nine experts, which has resulted in numerous,

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multi-page expert reports that include hundreds of references, multiple exhibits, numerous tables,

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attachments and figures, pursuant to Fed. R. Civ. Proc. 26(a)(2)(B)(i)-(iv);

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Whereas many of the reports present complex technical analysis based on advanced

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scientific principles in various environmental disciplines including, but not limited to, geology,

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hydrogeology, civil engineering, and sanitary engineering;

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Whereas the parties feel more time is needed to prepare rebuttal reports given the number
and complexity of the initial expert reports;
Whereas the parties have agreed to hold off on expert depositions until after the October
4, 2012 mediation in order to reduce costs (in the event the case settles at the mediation);

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Whereas the parties do not feel expert discovery can be completed between October 5, 2012

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and October 26, 2012 given the number of experts that have been disclosed, the possibility that

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further supplemental experts will be disclosed, and the scheduling issues that typically arise when

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so many parties are involved;

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Whereas, pursuant to L.R. 6-2(a)(2), there have been eight time modifications in the case;
none of which have relaxed the disclosure of experts or expert reports;
___________

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STIPULATION AND PROPOSED ORDER FOR EXTENDING EXPERT REBUTTAL, Case No. CV-08-4571 MMC

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THEREFORE, the parties hereby agree, subject to the Court’s approval, to the following
stipulated order;
1.

The deadline to submit rebuttal expert reports shall be extended from September
7, 2012 to September 19, 2012;

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Rebuttal expert reports can be served electronically;

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Expert depositions shall be stayed until after October 4, 2012 (unless all parties
agree on taking a specific expert deposition earlier);

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The deadline to complete expert discovery is continued from October 26, 2012,
to November 16, 2012.

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DATED: August 31, 2012

DAVIDOVITZ & BENNETT LLP

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By:

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MORIS DAVIDOVITZ
CHARLES BOLCOM
Attorneys for Defendant, CounterClaimant and Cross-Claimant CITY OF
EUREKA

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/s/ CHARLES BOLCOM

(The filer hereby attests that concurrence in the filing of this
document has been obtained from the signatory below.)

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DATED: August 31, 2012

GREBEN & ASSOCIATES

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By:
/s/ Jan Greben
JAN GREBEN
Attorneys for Plaintiff KFD
ENTERPRISES, INC. and CrossDefendant KENNETH DAER

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DATED: August 31, 2012

GORDON & REES LLP

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By:
/s/ George A. Acero
GEORGE A. ACERO
Attorneys for Defendant, Cross-Claimant
and Cross-Defendant ENVIRONMENTAL
RESOLUTIONS, INC./CARDNO USA

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___________

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STIPULATION AND PROPOSED ORDER FOR EXTENDING EXPERT REBUTTAL, Case No. CV-08-4571 MMC

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DATED: August 31, 2012

GLYNN & FINLEY

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By:
/s/ Andrew Mortl
ANDREW MORTL
Attorneys for Defendants and CrossDefendants UNION OIL CO. OF
CALIFORNIA, UNOCAL CORP. AND
CHEVRON CORP.

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DATED: August 31, 2012

SEVERSON & WERSON

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By:
/s/ Peter Lyon
PETER LYON
Attorneys for Defendant Cross-Defendant
and Cross-Claimant WINZLER & KELLY

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DATED: August 31, 2012

DONGELL LAWRENCE FINNEY LLP

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By:
/s/ Tom Vandenburg
TOM VANDENBURG
Attorneys for Defendants and CrossDefendants MULTIMATIC LLC and THE
KIRRBERG CORPORATION

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,
PURSUANT TO STIPULATION, IT IS SO ORDERED. provided that the extension of the
above-referenced deadlines does not, by itself, constitute good cause for the extension of any
other deadline.

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DATED: September __, 2012
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__________________________________
MAXINE M. CHESNEY
UNITED STATES DISTRICT JUDGE

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___________

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STIPULATION AND PROPOSED ORDER FOR EXTENDING EXPERT REBUTTAL, Case No. CV-08-4571 MMC