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)

*E-Filed: February 20, 2014*
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LAW OFFICES

MONTELEONE & McCRORY, LLP

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200 West Santa Ana Boulevard, Suite 200
Santa Ana, California 92701
Tele: [phone]; Fax: [phone]

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WILLIAM J. INGALSBE (CA SBN 66278)
ingalsbe/w,mmlawyers.com
DIANA M. DRON (CA SBN 86195)
dronrtpmmlawycrs.com
Attorneys for Plaintiff, SAN BENITO SUPPLY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA- SAN JOSE DIVISION

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UNITED STATES OF AMERICA, For the Use)
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of SAN BENITO SUPPLY, a California
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corporation,
Plaintiff,

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v.

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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,

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Defendants.

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CASE NO. 5:13-CV-00469-HRL

STIPULATION FOR EXTENSION OF
THE EXPERT DISCLOSURES AND
RELATED REPORTS DEADLINES,
AND ORDER THEREON

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IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff, United States

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of America, For the Use of San Benito Supply ("San Benito"), by and through its attorneys of

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record, Monteleone & McCrory, LLP, and Defendants KISAQ-RQ 8A 2 JV, Federal Insurance

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Company and Western Surety Company ("KISAQ", "Federal", and "Western"), and Defendant

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and Counterclaim Plaintiff Frazier Masonry Corporation ("Frazier"), by and through their

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attorneys Case, Ibrahim & Clauss, LLP, as follows based on the herein below facts and terms:

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III

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III
-1STIPULATION TO CONTINUE EXPERT DISCOVERY DEADLINES

Case No. 5:13-CV-003469-HRL

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1.

The Fact Discovery cutoff date is February 13, 2014;

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2.

The last date for the service of expert designations (with reports) is currently

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February 20, 2014;
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The last date for the service of rebuttal expert designations (with reports) is

currently March 3, 2014;

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4.

The Expert Discovery cutoff date is currently March 20, 2014;

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5.

The Final Pre-Trial Conference is May 20,2014.

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6.

The parties conducted a number of non-party depositions in November 2013. San

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Benito took the depositions of personnel from KISAQ and Frazier. Frazier and KISAQ took the

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depositions of San Benito personnel in January and early February 2014. The deposition of Karl

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Mai, the Materials/Architectural Engineer for the United States Corps of Engineers was taken on

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January 13, 2014.

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7.

San Benito, Frazier, KISAQ, Federal, and Western (collectively "the Parties")

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agree that an additional 14 days are needed to complete the initial expert disclosures with reports.

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The Parties agree that all other expert discovery cutoff dates should be extended by 14 days.
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The parties, through their attorneys of record, hereby stipulate to the continuance

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of the service of expert designations (with reports) deadline from February 20, 2014 to March 6,

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2014.
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The parties, through their attorneys of record, hereby stipulate to the continuance

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of the rebuttal expert designations (with reports) deadline from March 3, 2014 to March 17,

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2014.
10.

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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.
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This stipulation may be executed by fax or email and that fax or email signature

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will be treated as an original for all purposes.

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III

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III

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III
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STIPULATION TO CONTINUE EXPERT DISCOVERY DEADLINES

Case No. 5:13-CV-003469-HRL

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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

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{j( A .tJ--

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By

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DIANA M. DRON
Attorneys for Plaintiff, SAN BENITO SUPPLY
200 West Santa Ana Blvd., Suite 200
Santa Ana, CA 92701
[e-mail]
[phone]

WILLIAMJ:~GALSBE

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DATED: February I!£ 2014

CASE, IBRAHIM & CLAUSS, LLP

By:__;__~--~----­

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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
[e-mail]

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DEADLINE FOR DESIGNATION OF EXPERTS WITH REPORTS IS CONTINUED TO
FEBRUARY 27, 2014. NO OTHER DEADLINES ARE AFFECTED.
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Date:

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February~

2014
HOWARD R. LLOYD
United Stated Magistrate Judge

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STIPULATION TO CONTINUE EXPERT DISCOVERY DEADLINES

Case No. 5:13-CV-003469-HRL