Paulsen et al v. CNF, Inc et al

Filing 217

STIPULATION AND ORDER Regarding Expert Disclosure Deadlines re 216 Stipulation. Signed by Judge James Ware on 4/28/2010. (ecg, COURT STAFF) (Filed on 4/28/2010)

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JEFFER, MANGELS, BUTLER & MARMARO LLP ROBERT E. MANGELS (Bar No. 48291) SUSAN ALLISON (Bar No. 133448) 1900 Avenue of the Stars, Seventh Floor Los Angeles, California 90067-4308 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant TOWERS, PERRIN, FORSTER & CROSBY, INC. LEWIS FEINBERG, LEE, RENAKER & JACKSON, P.C. TERESA S. RENAKER (Bar No. 187800) CATHA WORTHMAN (Bar No. 230399) 1330 Broadway, Suite 1800 Oakland, CA 94612 Telephone: [phone] Facsimile: [phone] Attorneys for PLAINTIFFS RUKIN HYLAND DORIA & TINDALL LLP STEVEN M. TINDALL (Bar No. 187862) CAROLE VIGNE (Bar No. 251829 100 Pine Street, Suite 725 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for PLAINTIFFS UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA THOMAS A. PAULSEN, et al. Plaintiffs, v. CNF, INC., et al. Defendants.
(P AI ) CASE NO. C 03-03960 JW (EVT)

JOINT STIPULATION AND [PROPOSED] ORDER REGARDING EXPERT DISCLOSURE DEADLINES

WHEREAS, the Court entered a Scheduling Order in this Matter on January 27, 2010; WHEREAS, on March 30, 2010, the Court entered the Joint Stipulation and Order Regarding Class Certification Briefing and Hearing (the "Stipulation and Order"), which modified the earlier Scheduling Order in several respects;

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WHEREAS, under the Stipulation and Order, the Court has set August 6, 2010 as the Close of Class Discovery and September 20, 2010 as the Close of Fact Discovery; WHEREAS, under the Stipulation and Order, the Court has set August 30, 2010 as the date for the Preliminary Pretrial Conference and September 27, 2010 as the date for the hearing on Class Certification; WHEREAS, the Stipulation and Order did not specify dates for the parties' expert disclosures, and the parties desire to have those dates made certain, given the importance of expert testimony to the case; IT IS HEREBY STIPULATED AND AGREED BY THE PARTIES, subject to the Court's approval that: (1) Any party wishing to present expert witness testimony with respect to a claim or defense shall lodge with the Court and serve on all parties the name, address, qualifications, resume and a written report which complies with Fed. R. Civ. P. 26(a)(2)(B) on or before September 1, 2010. Expert witness disclosure must be made with respect to a person who is either (a) specially retained or specially employed to provide expert testimony pursuant to Fed. R. Evid. 702 or (b) a regular employee or agent who may be called to provide expert opinion testimony; (2) If the testimony of an expert is intended solely to contradict or rebut opinion testimony on the same subject matter identified by another party, the party offering a rebuttal report shall make the disclosures required by Fed. R. Civ. P. 26(a)(2)(B) on or before September 30, 2010. (3) The parties shall complete any and all depositions of designated experts no later than October 29, 2010; and

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(4)

Any party objecting to the qualifications or proposed testimony of

an expert must file, serve and notice a motion to exclude the expert or any portion of the expert's testimony, in writing in accordance with Civil Local Rule 7-2, for hearing on a Monday at 9 a.m., no later than November 13, 2010. Respectfully submitted: DATED: April 22, 2010 JEFFER, MANGELS, BUTLER & MARMARO LLP ROBERT E. MANGELS SUSAN ALLISON By: /s/Susan Allison SUSAN ALLISON Attorneys for Defendants TOWERS, PERRIN, FORSTER & CROSBY, INC.

DATED: April 22, 2010

LEWIS, FEINBERG, LEE, RENAKER & JACKSON, P.C. TERESA S. RENAKER JEFFREY LEWIS CATHA WORTHMAN By: /s/Teresa S. Renaker SUSAN ALLISON Attorneys for Plaintiffs

DATED: April 22, 2010

RUKIN HYLAND DORIA & TINDALL LLP STEVEN M. TINDALL By: /s/Steven M. Tindall SUSAN ALLISON Attorneys for Plaintiffs

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ORDER Pursuant to a stipulation of the parties, the parties are ordered to comply with the following expert disclosure and expert discovery schedule: Last date to lodge with the Court and serve on all parties the name, address, qualifications, resume and a written report of expert witness(es) pursuant to Fed. R. Civ. P. 26(a)(2)(B). Last date to lodge with the Court and serve on all parties any rebuttal expert witness report(s) required by Fed. R. Civ. P. 26(a)(2)(B). Last date to complete any and all depositions of designated experts. Last date for hearing motion(s) to exclude the expert or any portion of the expert's testimony. It is so ordered: November 13, 2010 October 29, 2010 September 30, 2010 September 1, 2010

Dated:

April 28, 2010

The Honorable James Ware United States District Court

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