Slagowski et al v. Central Washington Asphalt, Inc. et al

Filing 326

ORDER re 305 Non-Opposition to 304 Motion to Extend Time. Signed by Magistrate Judge Cam Ferenbach on 9/22/2014. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CANDICE SLAGOWSKI, et al.,
Plaintiffs,

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vs.

2:11–cv–00142–APG–VCF
ORDER

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CENTRAL WASHINGTON ASPHALT, et al.,
Defendants.
Pursuant to Third-Party Defendant Mitchell Forest Zemke’s Non-Opposition to Defendant
CWA’s Motion to Extend Discovery (#305), the parties have stipulated to the following:
The parties recognize that CWA is the party requesting a continuance of these
depositions, which ultimately necessitates a continuance of discovery, and that other
parties object to any further continuances of discovery. However, the parties do wish, as a
matter of professional courtesy, to comply with CWA's request. Therefore, as a condition
to agreeing to a continuance of discovery, CWA agrees that all other parties have
arguments concerning prejudice in the scope, timing and disclosures of expert reports and
expert opinions. These concerns have been reflected both in prior motions filed, and in
recent objections to late supplemental expert reports which have been produced and in
motions yet to be filed.
It is thereby agreed by CWA that any arguments concerning such prejudice are
explicitly not waived by the parties, and that CWA will not assert, either in pleadings or
in argument, that the parties are "not prejudiced" or have "waived" any prejudice by
complying with CWA’s request for a continuance as a matter of professional courtesy.
Furthermore, the stipulation and condition must be approved by the court, such that the
court acknowledges that CWA will not utilize such arguments, and that the court agrees
that parties have not waived any such arguments.

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Accordingly, and for good cause appearing,
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The court has no objections to these conditions.
IT IS SO ORDERED.
DATED this 22nd day of September, 2014.
_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE