United States of America for the use of San Benito Supply v. KISAQ-RQ 8A 2 JV et al

Filing 40

ORDER re 39 STIPULATION WITH PROPOSED ORDER FOR EXTENSION OF THE EXPERT DISCLOSURES AND RELATED REPORTS DEADLINES. Deadline for Designation of Experts with Reports continued to 2/27/2014. NO OTHER DEADLINES ARE AFFECTED. Signed by Magistrate Judge Howard R. Lloyd on 2/20/2014. (hrllc1, COURT STAFF) (Filed on 2/20/2014)

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*E-Filed: February 20, 2014* 1 LAW OFFICES MONTELEONE & McCRORY, LLP 2 200 West Santa Ana Boulevard, Suite 200 Santa Ana, California 92701 Tele: (714) 565-3170; Fax: (714) 565-3184 3 4 5 6 7 WILLIAM J. INGALSBE (CA SBN 66278) ingalsbe/w,mmlawyers.com DIANA M. DRON (CA SBN 86195) dronrtpmmlawycrs.com Attorneys for Plaintiff, SAN BENITO SUPPLY 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA- SAN JOSE DIVISION 10 11 12 UNITED STATES OF AMERICA, For the Use) ) of SAN BENITO SUPPLY, a California ) corporation, Plaintiff, 13 14 v. 15 KISAQ-RQ 8A 2 JV, a joint venture; FRAZIER MASONRY COMPANY, a California corporation; FEDERAL INSURANCE COMPANY, an Indiana corporation; WESTERN SURETY COMPANY, a South Dakota corporation, 16 17 18 Defendants. 19 ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 5:13-CV-00469-HRL STIPULATION FOR EXTENSION OF THE EXPERT DISCLOSURES AND RELATED REPORTS DEADLINES, AND ORDER THEREON 20 21 IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff, United States 22 of America, For the Use of San Benito Supply ("San Benito"), by and through its attorneys of 23 record, Monteleone & McCrory, LLP, and Defendants KISAQ-RQ 8A 2 JV, Federal Insurance 24 Company and Western Surety Company ("KISAQ", "Federal", and "Western"), and Defendant 25 and Counterclaim Plaintiff Frazier Masonry Corporation ("Frazier"), by and through their 26 attorneys Case, Ibrahim & Clauss, LLP, as follows based on the herein below facts and terms: 27 III 28 III -1STIPULATION TO CONTINUE EXPERT DISCOVERY DEADLINES Case No. 5:13-CV-003469-HRL 1 1. The Fact Discovery cutoff date is February 13, 2014; 2 2. The last date for the service of expert designations (with reports) is currently 3 February 20, 2014; 3. 4 5 The last date for the service of rebuttal expert designations (with reports) is currently March 3, 2014; 6 4. The Expert Discovery cutoff date is currently March 20, 2014; 7 5. The Final Pre-Trial Conference is May 20,2014. 8 6. The parties conducted a number of non-party depositions in November 2013. San 9 Benito took the depositions of personnel from KISAQ and Frazier. Frazier and KISAQ took the 10 depositions of San Benito personnel in January and early February 2014. The deposition of Karl 11 Mai, the Materials/Architectural Engineer for the United States Corps of Engineers was taken on 12 January 13, 2014. 13 7. San Benito, Frazier, KISAQ, Federal, and Western (collectively "the Parties") 14 agree that an additional 14 days are needed to complete the initial expert disclosures with reports. 15 The Parties agree that all other expert discovery cutoff dates should be extended by 14 days. 8. 16 The parties, through their attorneys of record, hereby stipulate to the continuance 17 of the service of expert designations (with reports) deadline from February 20, 2014 to March 6, 18 2014. 9. 19 The parties, through their attorneys of record, hereby stipulate to the continuance 20 of the rebuttal expert designations (with reports) deadline from March 3, 2014 to March 17, 21 2014. 10. 22 23 The parties, through their attorneys of record, hereby stipulate to the continuance of the Expert Discovery cutoff date from March 20, 2014 to April3, 2014. 11. 24 This stipulation may be executed by fax or email and that fax or email signature 25 will be treated as an original for all purposes. 26 III 27 III 28 III -2- STIPULATION TO CONTINUE EXPERT DISCOVERY DEADLINES Case No. 5:13-CV-003469-HRL 1 2 3 4 5 12. This stipulation may be executed in counterparts, and that all executed counterparts will be taken together and treated as one full and complete document. IT IS SO STIPULATED AND AGREED. DATED: February /!{, 2014 MONTELEONE & McCRORY, LLP 6 {j( A .tJ-- 7 By 8 DIANA M. DRON Attorneys for Plaintiff, SAN BENITO SUPPLY 200 West Santa Ana Blvd., Suite 200 Santa Ana, CA 92701 dron@mmlawyers.com (714) 565-3170 WILLIAMJ:~GALSBE 9 10 11 12 DATED: February I!£ 2014 CASE, IBRAHIM & CLAUSS, LLP By:__;__~--~----­ 13 14 BRIAN S. CASE F. ALBERT IBRAHIM Attorneys for Defendants KISAQ-RQ 8A N, FEDERAL INSURANCE COMPANY AND WESTERN SURETY COMPANY and Defendant/Counterclaimant FRAZIER MASONRY CORPORATION aibrahim@ciclaw.com 15 16 17 18 DEADLINE FOR DESIGNATION OF EXPERTS WITH REPORTS IS CONTINUED TO FEBRUARY 27, 2014. NO OTHER DEADLINES ARE AFFECTED. 20 PURSUANT TO STIPULATION, IT IS SO ORDERED. 19 21 22 Date: 23 24 20 February~ 2014 HOWARD R. LLOYD United Stated Magistrate Judge 25 26 27 28 STIPULATION TO CONTINUE EXPERT DISCOVERY DEADLINES Case No. 5:13-CV-003469-HRL

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