Muscatell v. John Deere Construction and Forestry Company et al

Filing 56

STIPULATION AND ORDER Extending Discovery Dates re 54 Stipulation. Close of Discovery extended to 7/24/2009. Signed by Judge James Ware on 6/12/2009. (ecg, COURT STAFF) (Filed on 6/12/2009)

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RYAN & FONG TIMOTHY J. RYAN - 99542 REBEKKA MARTORANO - 173600 2379 Gateway Oaks Drive, Ste. 100 Sacramento, California 95833 Telephone: [phone] Attorneys for Defendant John Deere Construction & Forestry Company

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION STEVE MUSCATELL, ) ) Plaintiff, ) ) v. ) ) JOHN DEERE CONSTRUCTION ) AND FORESTRY COMPANY; PAPÉ ) MACHINERY, INC. AND DOES 1 ) THROUGH 20, ) ) Defendants. ) ______________________________________) No. CV 08-00361 JW PVT

STIPULATION AND ORDER REGARDING DISCOVERY DATES

WHEREAS, the parties to this action have previously filed two motions related to a dispute regarding plaintiff's disclosure of liability experts and the completion of discovery, including a motion by Papé Machinery, Inc. to bar the further disclosure of experts by plaintiff (see Docket No. 30), and a motion by plaintiff to extend the deadline to disclose experts (Docket No. 43); WHEREAS, the Court issued an order on April 10, 2009 granting plaintiff's motion to extend the deadline for disclosing experts and modifying its previous scheduling order (Docket No. 53); WHEREAS, the parties have met and conferred regarding the discovery that needs to be completed, and regarding dates that are available to conduct necessary depositions; 1
JOHN DEERE CONSTRUCTION & FORESTRY COMPANY'S CV 08-00361 JW PVT

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WHEREAS, the parties have agreed to the following discovery dates, which will result in all discovery being completed by July 24, 2009, with sufficient time to prepare and submit a PreTrial Conference statement by August 14, 2009 and to prepare for the Pre-Trial Conference scheduled to take place on September 14, 2009: 1. Deposition of Daniel Griswold as the designated representative of John Deere: June 5, 2009, 11 a.m. PST, 1 p.m. CST, by video deposition, at the following location: ECS Inc., 5665 Tremont Avenue, Davenport, IA 52807-2658 2. 3. 4. Disclosure of any additional experts: June 19, 2009 Depositions of plaintiffs' experts: late June/early July 2009 Deposition of Daniel Griswold as John Deere's expert: July 2009 (John Deere has offered the following dates: July 17, 22, 23). 5. Close of discovery for purpose of deposing newly disclosed experts: July 24, 2009

THEREFORE, the parties stipulate that the Court may enter the following order: STIPULATED ORDER Based on the stipulation of the parties set forth above, the Court orders as follows: 1. The time to complete the deposition of Daniel Griswold as the designated representative of John Deere shall be extended to June 5, 2009, the date agreed to by the parties for the deposition. 2. Any party wishing to present expert testimony with respect to a claim or a defense shall lodge with the Court and serve on all other parties the name, address, qualifications, résumé and a written report that complies with Fed. R. Civ. P. 26(a)(2)(B) on or before June 19, 2009. 3. Discovery shall remain open until July 24, 2009 for the limited purpose of deposing newly disclosed experts. However, John Deere agrees that it will produce its previously disclosed expert Daniel Griswold for deposition.

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JOHN DEERE CONSTRUCTION & FORESTRY COMPANY'S CV 08-00361 JW PVT

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IT IS SO STIPULATED. Dated: April __, 2009 By: THE BOCCARDO LAW FIRM, INC. /s/ John C. Stein JOHN C. STEIN Attorneys for Plaintiff

Dated: April __, 2009 By:

RYAN & FONG /s/ Rebekka Martorano REBEKKA MARTORANO Attorneys for Defendant John Deere Construction & Forestry Company

Dated: April __, 2009 By:

JOSEPH COSTELLA & ASSOCIATES /s/ Harry Gilbert HARRY GILBERT Attorneys for Papé Machinery, Inc.

IT IS SO ORDERED.

J DATED:____une 12,__________________ _____ 2009

____________________________ JAMES WARE United States District Judge

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JOHN DEERE CONSTRUCTION & FORESTRY COMPANY'S CV 08-00361 JW PVT