Opinion
Case No. 2:09-CV-02445-KJM-EFB
08-23-2011
UNITED STATES OF AMERICA, Plaintiff, v. SIERRA PACIFIC INDUSTRIES, et al. Defendants. AND RELATED CROSS-ACTIONS
U.S. ATTORNEY'S OFFICE KELLI TAYLOR Attorneys for Plaintiff UNITED STATES OF AMERICA DOWNEY BRAND LLP WILLIAM R. WARNE Attorneys for Defendant/Cross-Defendant SIERRA PACIFIC INDUSTRIES RUSHFORD & BONOTTO, LLP PHIL BONOTTO Attorneys for Defendants/Cross-Defendants EUNICE HOWELL, INDIVIDUALLY and d/b/a HOWELL'S FOREST HARVESTING MATHENY SEARS LINKERT & JAIME, LLP RICHARD S. LINKERT Attorneys for Defendants/Cross-Claimants W.M. BEATY & ASSOCIATES and LANDOWNER DEFENDANTS (Brooks Walker et al.)
DOWNEY BRAND LLP
WILLIAM R. WARNE (Bar No. 141280)
MICHAEL J. THOMAS (Bar No. 172326)
ANNIE S. AMARAL (Bar No. 238189)
Attorneys for Defendant/Cross-Defendant
SIERRA PACIFIC INDUSTRIES
STIPULATION AND ORDER
REGARDING DAMAGES EXPERT
DEADLINES
Plaintiff the United States of America ("United States") and Defendants/Cross-Defendants Sierra Pacific Industries, Eunice Howell, individually and d/b/a/ Howell's Forest Harvesting and W.M. Beaty & Associates, Inc., Landowner Defendants (collectively "Defendants") through their respective counsel, hereby submit the following Stipulation and Proposed Order Regarding Damages Expert Deadlines.
RECITALS
1. On February 11, 2010, this Court entered its Status (Pre-trial Scheduling) Order that, among other things, provided that amendment would only be allowed by leave of Court with good cause shown. On August 31, 2010, this Court amended its Status (Pre-Trial Scheduling) Order upon the request of Sierra Pacific, for good cause shown. Subsequently, on August 31, 2010, and March 15, 2011, the Court issued Minute Orders amending and resetting certain dates in the Status (Pre-trial Scheduling) Order. Pursuant to a stipulation submitted by the parties on March 25, 2011, the Court issued an order on March 28, 2011, that briefly extended the non-damages expert disclosure deadline by approximately one month. Additionally, pursuant to a stipulation submitted by the parties on May 19, 2011, the Court issued an order on May 23, 2011, that further extended expert-related deadlines, setting the damages expert disclosure deadline on August 30, 2011, and setting the expert discovery cutoff on November 15, 2011.
2. On June 16, 2011, the parties exchanged their non-damages expert disclosures, disclosing a total of over forty experts. Pursuant to a stipulation submitted by the parties on July 5, 2011, the Court issued an order on July 7, 2011, that extended the non-damages rebuttal expert disclosure deadline by approximately one week, to July 25, 2011. Additionally, pursuant to a stipulation submitted by the parties on July 20, 2011, the Court issued an order on July 22, 2011, that extended the non-damages rebuttal expert disclosure deadline to August 1, 2011.
3. The current deadline for the parties to disclose damages experts is August 30, 2011. To facilitate an efficient and organized disclosure of damages experts, after meeting and conferring, the parties have agreed to modify the current scheduling order as it relates to the disclosure of damages.
STIPULATION
4. The deadline to serve and disclose damages experts and reports is modified as follows: (a) on September 2, 2011, the parties will disclose those damages experts that relate to their affirmative claims or affirmative defenses pertaining to damages; (b) on September 23, 2011, the parties will disclose their damages rebuttal experts to the previously disclosed damages experts; and (c) on October 14, 2011, the parties will disclose sur-rebuttal experts and reports to those rebuttal damages expert reports disclosed on September 23, 2011. Good cause exists for this agreed modification of damages expert disclosures, at it provides for an efficient and organized disclosure of the damages experts.
5. This staggering of the damages expert deadlines will not affect the rest of the schedule or deadlines in this action.
6. All remaining dates and deadlines as set by the Court in its August 31, 2010 Order, and as modified by the Court's August 31, 2010, March 15, 2011, March 28, 2011, May 23, 2011, July 7, 2011, and July 22, 2011 Orders, are otherwise unaffected by this Stipulation and Proposed Order.
7. IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
U.S. ATTORNEY'S OFFICE
KELLI TAYLOR
Attorneys for Plaintiff
UNITED STATES OF AMERICA
DOWNEY BRAND LLP
WILLIAM R. WARNE
Attorneys for Defendant/Cross-Defendant
SIERRA PACIFIC INDUSTRIES
RUSHFORD & BONOTTO, LLP
PHIL BONOTTO
Attorneys for Defendants/Cross-Defendants
EUNICE HOWELL, INDIVIDUALLY and d/b/a
HOWELL'S FOREST HARVESTING
MATHENY SEARS LINKERT & JAIME, LLP
RICHARD S. LINKERT
Attorneys for Defendants/Cross-Claimants
W.M. BEATY & ASSOCIATES and
LANDOWNER DEFENDANTS
(Brooks Walker et al.)
ORDER
This matter came before the Court on the parties' Stipulation Regarding Damages Expert Deadlines. For the reasons stated in the Stipulation and for good cause showing, the Court ADOPTS the Stipulation and GRANTS the relief requested therein.
Accordingly, IT IS HEREBY ORDERED THAT the deadline to serve damages expert disclosures and reports is modified as follows: (a) on September 2, 2011, the parties will disclose all damages experts and reports that relate to their affirmative claims or affirmative defenses pertaining to damages; (b) on September 23, 2011, the parties will disclose any rebuttal experts and reports to the previously disclosed damages experts; and (c) on October 14, 2011, the parties will disclose sur-rebuttal experts and reports to those rebuttal damages experts disclosed on September 23, 2011. All other dates and deadlines as set by the Court's August 31, 2010 Order, and as modified by the Court's August 31, 2010, March 15, 2011, March 28, 2011, May 23, 2011, July 7, 2011, and July 22, 2011 Orders, remain as set and are otherwise unaffected by this Order.
IT IS SO ORDERED.
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UNITED STATES DISTRICT JUDGE