United States of America Ex Rel. et al v. Maxxam, Inc. et al

Filing 183

ORDER re 169 granting STIPULATION Extending Expert Discovery Deadlines. Signed by Judge Claudia Wilken on 1/22/09. (scc, COURT STAFF) (Filed on 1/22/2009)

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JOSEPH W. COTCHETT (SBN 36324) [e-mail] PHILIP L. GREGORY (SBN 95217) [e-mail] SEAN E. PONIST (SBN 204712) [e-mail] JOSEPH C. WILSON (SBN 249027) [e-mail] COTCHETT, PITRE & McCARTHY 840 Malcolm Road, Suite 200 Burlingame, CA 94010 Telephone: [phone] Facsimile: 650.697.0577 WILLIAM G. BERTAIN (SBN 70163) [e-mail] LAW OFFICE OF WILLIAM G. BERTAIN 1310 Sixth Street Eureka, CA 95501 Telephone: [phone] Facsimile: [phone] Attorneys for PLAINTIFF UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA ex rel. RICHARD WILSON and CHRIS MARANTO, Plaintiff, v. MAXXAM INC., a Delaware corporation; THE PACIFIC LUMBER COMPANY, a Delaware corporation; SCOTIA PACIFIC COMPANY LLC, a Delaware limited liability company; SALMON CREEK LLC, a Delaware limited liability company; CHARLES E. HURWITZ, an individual, Defendants.

Case No.

C-06-7497 CW (JCS)

STIPULATION AND ORDER EXTENDING EXPERT DISCOVERY DEADLINES Judge: Honorable Claudia Wilken Place: Courtroom 2, 4th Floor Complaint Filed: December 7, 2006 Trial Date: April 20, 2009

STIPULATION AND [PROPOSED] ORDER EXTENDING EXPERT DISCOVERY DEADLINES CASE NO. C-06-7497 CW (JCS) sf-2629689

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TO THE COURT AND ALL PARTIES AND THEIR COUNSEL OF RECORD: IT IS HEREBY STIPULATED by and between the parties and their respective counsel of record, Sean E. Ponist, attorney for relators Richard Wilson and Chris Maranto on behalf of Plaintiff United States of America (collectively, "Plaintiff"), and Brian J. Martinez, attorney for Defendants MAXXAM Inc., Charles Hurwitz ("Defendants") and third party Humboldt Redwood Company ("HRC"), that: WHEREAS, the cut-off date for expert discovery is currently January 23, 2009; WHEREAS, experts for both parties have conflicts and are not available to be deposed before January 23, 2009; WHEREAS, Defendants and HRC have recently produced a large volume of hard copy and electronic discovery, which Plaintiff's experts need to review; WHEREAS, Plaintiff's experts will be supplementing their expert reports under the Federal Rules of Civil Procedure based on a review of Defendants' and HRC's recent document productions; and WHEREAS, the parties wish to extend the expert discovery deadlines in light of the forgoing circumstances, without prejudice to their rights to seek further relief from the Court. NOW, THEREFORE, counsel for the parties hereby stipulate and request that the Court enter an order as follows: 1. The expert discovery cut-off shall be extended to March 6, 2009.

The parties respectfully request that the Court approve this Stipulation.

STIPULATION AND [PROPOSED] ORDER EXTENDING EXPERT DISCOVERY DEADLINES CASE NO. C-06-7497 CW (JCS) sf-2629689

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Dated: January 14, 2009

COTCHETT, PITRE & McCARTHY

By:

/s/ Sean E. Ponist Sean E. Ponist Attorneys for Plaintiff THE UNITED STATES OF AMERICA ex rel. RICHARD WILSON and CHRIS MARANTO

Dated: January 14, 2009

MORRISON & FOERSTER LLP

By:

/s/ Brian J. Martinez Brian J. Martinez Attorneys for Defendants MAXXAM INC. and CHARLES E. HURWITZ

I, Sean E. Ponist, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order. Pursuant to General Order 45, I hereby attest that Brian J. Martinez has concurred in this filing.

STIPULATION AND [PROPOSED] ORDER EXTENDING EXPERT DISCOVERY DEADLINES CASE NO. C-06-7497 CW (JCS) sf-2629689

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ORDER Pursuant to the stipulation of the parties, IT IS SO ORDERED. 1/22/09 Dated: ____________________ HONORABLE CLAUDIA WILKEN United States District Judge Northern District of California

STIPULATION AND [PROPOSED] ORDER EXTENDING EXPERT DISCOVERY DEADLINES CASE NO. C-06-7497 CW (JCS) sf-2629689

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