Van Buskirk et al v. Conocophillips Inc et al

Filing 63

STIPULATION AND ORDER TO CONTINUE DISPOSITIVE MOTION DEADLINE; 39.1 mediation to be completed by 11/17/2009, Dispositive motions due by 10/1/2009, Motions in Limine due by 12/31/2009, by Judge John C Coughenour. (VP)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JOHN J. VAN BUSKIRK, et al., Plaintiffs, CONOCOPHILLIPS, INC. a foreign corporation, and INTALCO ALUMINUM CORPORATION, a foreign corporation, Defendants.

THE HONORABLE JOHN C. COUGHENOUR

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

No. C06-1220-JCC

STIPULATION AND ORDER TO CONTINUE DISPOSITIVE MOTION DEADLINE

STIPULATION Plaintiffs John Van Buskirk, et al., by and through their attorney of record, Richard M. Stephens of Groen Stephens & Klinge LLP, Defendant ConocoPhillips Company, by and through its attorneys of record, Grant S. Degginger and Michael A. Nesteroff of Lane Powell PC, and Defendant Intalco Aluminum Corporation, by and through its attorneys of record Bradley Fisher of Davis Wright Tremaine LLP and Belynda Reck of Hunton & Williams LLP, stipulate and agree as follows: 1. On September 23, 2008, this Court entered an Order setting, inter alia, trial and

pretrial dates in this action as follows:
STIPULATION AND ORDER TO CONTINUE PRETRIAL DEADLINES --1

HUNTON & WILLIAMS LLP 550 S. HOPE STREET, SUITE 2000 LOS ANGELES, CALIFORNIA 90071 TEL.: [phone] FAX: [phone]

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Trial Date: Dispositive Motions: 39.1 Mediation: Motions in limine: Pretrial Order: Voir dire/jury instructions/trial brief

July 9, 2009 April 6, 2009 May 13, 2009 June 9, 2009 July 2, 2009 July 2, 2009

The remaining dates set by the Court in the September 23, 2008 Order have already passed. 2. On April 3, 2009, this Court entered an Order continuing trial and pretrial dates in

this action as follows: Trial Date: Proposed voir dire/jury instructions/trial briefs: Pretrial Order: January 11, 2010 January 7, 2010 December 31, 2009

The Court's April 3, 2009 Order was silent as to the Dispositive Motions, 39.1 Mediation and Motions in Limine deadlines, which have not yet passed. 3. In light of the Court's April 3, 2009 Order, the parties agree that it would be

appropriate to continue the remaining pretrial deadlines that have not yet passed as follows: Dispositive Motions: 39.1 Mediation: Motions in limine: 4. October 1, 2009 November 17, 2009 December 31, 2009

The parties agree that no extension of the pretrial deadlines that have already

passed is necessary, except as the parties have already agreed. Specifically, Plaintiffs' counsel has represented that their expert, Jeffrey Layton, was unable to comply with the Court's schedule for rebuttal expert reports and deposition due to a medical condition. Accordingly, the parties have agreed to extend the expert discovery cut-off only with regard to the depositions and rebuttal reports of Mr. Layton and Defendants' experts Duncan Hay and Robert Wallace. Plaintiffs' counsel estimates that Mr. Layton's medical condition requires an extension until April 30, 2009 in order to prepare his rebuttal report and make himself available for deposition.
STIPULATION AND ORDER TO CONTINUE PRETRIAL DEADLINES --2
HUNTON & WILLIAMS LLP 550 S. HOPE STREET, SUITE 2000 LOS ANGELES, CALIFORNIA 90071 TEL.: [phone] FAX: [phone]

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Further, Plaintiffs' survey expert, Rod Miller's medical status remains uncertain and Plaintiffs' counsel will keep the parties apprised of any change in his condition that may necessitate substitution of a new expert. Defendants do not at this time agree to the substitution of a new expert for Mr. Miller, and further note that any substitution ultimately allowed by the Court may not provide testimony beyond the scope of, or inconsistent with, the expert testimony and opinions previously provided by Mr. Miller. If such substitution expert is later allowed, Defendants are not foreclosed from a rebuttal expert on that issue, if needed. Plaintiffs also agree that Rowland Atkins' sediment budget may be provided by April 30, 2009, and Defendants agree that Plaintiffs may take Mr. Atkins' deposition on that issue if desired.

RESPECTFULLY SUBMITTED: Dated: April 6, 2009. GROEN STEPHENS & KLINGE LLP By: __/s/ Richard M. Stephens________________ Richard M. Stephens (WSBA # 21776) Attorneys for Plaintiffs Dated: April 6, 2009. LANE POWELL PC By: __/s/ Michael A. Nesteroff_______________ Grant S. Degginger, (WSBA #15261) Michael A. Nesteroff (WSBA # 13180) Attorneys for Defendant ConocoPhillips Company Dated: April 6, 2009. HUNTON & WILLIAMS LLP By: __/s/ Belynda Reck_____________________ Belynda Reck, Admitted pro hac vice Attorneys for Defendant Intalco Aluminum Corporation
STIPULATION AND ORDER TO CONTINUE PRETRIAL DEADLINES --3
HUNTON & WILLIAMS LLP 550 S. HOPE STREET, SUITE 2000 LOS ANGELES, CALIFORNIA 90071 TEL.: [phone] FAX: [phone]

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Dated: April 6, 2009.

DAVIS WRIGHT TREMAINE LLP By: __/s/ Bradley Fisher_____________________ Bradley Fisher (WSBA # 19895) Attorneys for Defendant Intalco Aluminum Corporation

ORDER Based on the foregoing stipulation of the parties, and being fully advised, IT IS HEREBY ORDERED that the below pretrial deadlines will be continued as follows: Dispositive Motions: 39.1 Mediation: Motions in limine: October 1, 2009 November 17, 2009 December 18, 2009

The parties are ordered to disclose the rebuttal reports of Jeffrey Layton, Duncan Hay and Robert Wallace on or before April 30, 2009. Depositions of Mssrs. Layton, Hay and Wallace shall be conducted within 30 days thereafter. Dated: April 9, 2009.

John C. Coughenour UNITED STATES DISTRICT JUDGE

A

STIPULATION AND ORDER TO CONTINUE PRETRIAL DEADLINES --4

HUNTON & WILLIAMS LLP 550 S. HOPE STREET, SUITE 2000 LOS ANGELES, CALIFORNIA 90071 TEL.: [phone] FAX: [phone]