Convey-Hinzo v. Asbestos Defendants et al

Filing 152

AMENDED ORDER TO CONTINUE EXPERT REPORT DEADLINES by Hon. William Alsup granting 151 Stipulation expert reports due 1/7/16.(whalc1, COURT STAFF) (Filed on 11/30/2015)

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MICHELE C. BARNES (SBN 187239)
michele. [e-mail]
PETER E. SOSKIN (SBN 280347)
[e-mail]
K&L GATES LLP
Four Embarcadero Center
Suite 1200
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
CRANE CO.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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PATRICIA J. COVEY-HINZO, individually
and as successor in interest to GILBERT E.
HINZO, Deceased, ALEX HINZO, an
individual, and FELICIA WATSON, an
individual,

AMENDED JOINT STIPULATION AND
[PROPOSED] ORDER TO CONTINUE
EXPERT REPORT DEADLINES

Plaintiffs,

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v.

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Case No. C 15-00241 WHA (Lead Case)

ASBESTOS DEFENDANTS eta!.
Defendants

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WHEREAS, the Court's March 27, 2015 Scheduling Order provides for a briefing schedule
on expert reports as follows:

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The last date for designation of expert testimony and disclosure of full expert reports

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under FRCP 26(a)(2) as to any issue on which a party has the burden of proof ("opening reports")

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shall be DECEMBER 18,2015.

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Within FOURTEEN CALENDAR DAYS of said deadline, all other parties must disclose

any expert reports on the same issue ("opposition reports")
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Within SEVEN CALENDAR DAYS thereafter, the party with the burden of proof must
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AMENDED JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE EXPERT REPORT DEADLINES;
Case No. C 15-00241 WHA

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disclose any reply reports rebutting specific material in opposition reports ("rebuttal reports").
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the deadline for reply reports.

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WHEREAS, pursuant to the Court's March 27,2015 scheduling order, non-expert discovery
closes on December 18, 2015;

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The cutoff for all expert discovery shall be FOURTEEN CALENDAR DAYS after

WHEREAS, Plaintiffs first identified the only known witness with information about
Decedent's work history on November 12, 2015;

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WHEREAS, the deposition of this witness has been noticed for December 8, 2015;

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WHEREAS, the parties have agreed that the late timing of the disclosures of the only

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potential product identification witness will make it impracticable for the parties to adhere to the

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Court's expert report deadlines.

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WHEREAS on November 30, 2015 this Court entered an Order based on a Stipulation that
incorrectly called for the expert report deadlines to be continued to January 7, 2015 rather than 2016.

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WHEREAS with the exception of the corrected date for the expert report deadlines, this

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Stipulation and Proposed Order is substantively the same as that filed with this Court on November

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25,2015.

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IT IS HEREBY STIPULATED AND AGREED that the deadline for designation of expert

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testimony and disclosure of full expert reports under FRCP 26(a)(2) as to any issue on which a party

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has the burden of proof ("opening reports") shall be continued to January 7, 2016. All other

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deadlines in the Court's scheduling order shall remain in place.

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AMENDED JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE EXPERT REPORT DEADLINES;
Case No. C I 5-00241 WHA

K&L Gates LLP

By: Is/ Peter E. Soskin
Peter E. Soskin
Attorneys for Defendant Crane Co.
HUGO PARKER LLP

By: Is/ Lisa Rickenbacher
Lisa Rickenbacher
Attorneys for Defendant General Dynamics
Corporation
Armstrong & Associates, LLP

By: Is/ William Armstrong
William Armstrong
Attorneys for Defendant
Crown Cork & Seal Company, Inc. and
Crown Holdings, Inc.
Nixon & Peabody LLP

By: Is/ Lauren Michals
Lauren Michals
Attorneys for Defendant
Harsco Corporation
Leader & Berkon LLP

By: Is/ Bobbie Rae Bailey
Bobbie Rae Bailey
Attorneys for Defendant
IMO Industries, Inc.
Prindle, Amaro, Goetz, Hillyard,
Barnes & Reinholz LLP

By: Is/ Carla Lynn Crochet
Carla Lynn Crochet
Attorneys for Defendants
Ingersoll Rand Company and
Syd Carpenter, Marine Contractor, Inc.

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AMENDED JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE EXPERT REPORT DEADLINES;
Case No. C 15-00241 WHA

Morgan Lewis & Bockius LLP
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Dated: November 30,2015

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McKenna, Long & Aldridge

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By: /s/ Joseph Duffy
Joseph Duffy
Attorneys for Defendant
ITT Corporation

Dated: November 30,2015

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By: /s/ Lisa Oberg
Lisa Oberg
Attorneys for Defendant
Metalclad Insulation LLC

Steptoe and Johnson LLP

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Dated: November 30,2015

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By: /s/ Lisa Marie Dowling
Lisa Marie Dowling
Attorneys for Defendant
Metropolitan Life Insurance Company

The Davis Law Firm

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Dated: November 30, 2015

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By: Is/ Whitney Davis
Whitney Davis
Attorneys for Defendant
Viad Corporation

Tucker Ellis LLP

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Dated: November 30, 2015

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By: /s/ James Cunningham
James Cunningham
Attorneys for Defendant
Warren Pumps, LLC

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Pond North LLP

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Dated: November 30,2015

By: /s/ Frank Pond
Frank Pond
Attorneys for Defendants
CBS Corporation, a Delaware corporation
f/k/a/ Viacom, Inc., successor by merger to
CBS Corporation, a Pennsylvania
corporation, f/k/a Westinghouse Electric
Corporation; and FMC Corporation on behalf
of its former Northern Pump business
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AMENDED JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE EXPERT REPORT DEADLINES;
Case No. C 15-00241 WHA

Heard Robins Cloud LLP
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Dated: November 30, 2015

By: Is/ Sara Morton
Sara Morton
Attorneys for Plaintiffs

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AMENDED JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE EXPERT REPORT DEADLINES;
Case No. C 15-00241 WHA

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PURSUANT TO STIPULATION, the deadline for designation of expert testimony and

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disclosure of full expert reports under FRCP 26(a)(2) as to any issue on which a party has the burden

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of proof ("opening reports") shall be continued to January 7, 2016. All other deadlines in this Court's

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scheduling order shall remain in place.

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IT IS SO ORDERED.

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November 30,
Dated: _ _ _ _ _ __ 2015.
Honorable William Alsup
Judge, United States District Court
Northern District of California

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AMENDED JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE EXPERT REPORT DEADLINES;
Case No. C 15-00241 WHA