Opinion
Case No. 1:11-CV-00568-AWI-SKO
10-14-2011
JOHN C. BRISBIN, an individual, dba CONSTRUCTION DEVELOPMENT SYSTEMS, Plaintiff, v. VULCAN MATERIALS COMPANY, a New Jersey corporation; and DOES 1 through 100, inclusive, Defendant. THE UNITED STATES OF AMERICA, for the Use and Benefit of CALMAT CO., a Delaware corporation, dba VULCAN MATERIALS COMPANY - WESTERN DIVISION; et al, Counter-Claimants v. JOHN C. BRISBIN, an individual, dba CONSTRUCTION DEVELOPMENT SYSTEMS; WESTERN SURETY COMPANY, a South Dakota corporation, Counter-Defendant
LANG, RICHERT & PATCH, PC Matthew W. Quall Attorneys for Plaintiff and Counter-Defendant JOHN C. BRISBIN, an individual, dba CONSTRUCTION DEVELOPMENT SYSTEMS and Counter-Defendant WESTERN SURETY COMPANY, a South Dakota corporation LIPSCHULTZ & SCHERAGO LLP James D. Lipschultz Attorneys for Defendant and Counter-Claimant CALMAT CO., a Delaware corporation, dba VULCAN MATERIALS COMPANY - WESTERN DIVISION
STIPULATION TO AMEND
SCHEDULING ORDER; ORDER THEREON
Plaintiff and Counter-Defendant JOHN C. BRISBIN, an individual, dba CONSTRUCTION DEVELOPMENT SYSTEMS ("CDS"), Counter-Defendant WESTERN SURETY COMPANY, a South Dakota corporation ("WESTERN"), and Defendant and Counter-Claimant CALMAT CO., a Delaware corporation, dba VULCAN MATERIALS COMPANY - WESTERN DIVISION ("VULCAN"), hereby agree and stipulate as follows:
RECITALS
WHEREAS, the Scheduling Order dated July 12, 2011 contains a deadline of October 31, 2011 for the completion of all discovery pertaining to non-experts.
WHEREAS, CDS, WESTERN and VULCAN have responded to, or are in the process of responding to, Interrogatories and Requests for Production of Documents propounded by the other party, and are obtaining documents from non-party witnesses, but have yet to commence depositions.
WHEREAS, CDS, WESTERN and VULCAN desire to conduct a private mediation on December 15, 2011, before Mediator James M. Phillips, Esq., and also desire to avoid taking all of the necessary depositions and completion of other discovery in the case prior to the conduct of the mediation, in order to save attorney's fees and costs.
WHEREAS, CDS, WESTERN and VULCAN believe that they will be able to complete non-expert discovery by January 31, 2012, the same date as the current deadline for completion of expert discovery, without the need for continuing the dates currently scheduled for the Mandatory Settlement Conference, Pre-Trial Conference and Trial.
NOW, THEREFORE, IT IS HEREBY STIPULATED by and between CDS, WESTERN and VULCAN as follows:
1. The deadline for completion of non-expert discovery shall be continued from October 31, 2011, to January 31, 2012; and
2. No other provisions of the Scheduling Order dated July 12, 2011 are otherwise modified herein.
LANG, RICHERT & PATCH, PC
Matthew W. Quall
Attorneys for Plaintiff and Counter-Defendant
JOHN C. BRISBIN, an individual, dba
CONSTRUCTION DEVELOPMENT
SYSTEMS and Counter-Defendant
WESTERN SURETY COMPANY, a South
Dakota corporation
LIPSCHULTZ & SCHERAGO LLP
James D. Lipschultz
Attorneys for Defendant and Counter-Claimant
CALMAT CO., a Delaware corporation, dba
VULCAN MATERIALS COMPANY
WESTERN DIVISION
ORDER
Based upon the stipulation of the parties and good cause appearing therefor, IT IS SO ORDERED.
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE