Opinion
STIPULATION AND ORDER EXTENDING THE DATE FOR THE CLOSE OF EXPERT DISCOVERY (PHASE II)
MORRISON C. ENGLAND, Jr., Chief District Judge.
STIPULATION EXTENDING THE DATE FOR THE CLOSE OF EXPERT DISCOVERY
WHEREAS, on August 19, 2015, the Court entered the Stipulation and Order Extending Time for Designation of Experts and Exchange of Expert Reports, and Hearing Date for Dispositive Motions (Phase II) (ECF No. 241) extending to December 4, 2015, the close of expert discovery, and;
WHEREAS, on October 2, 2015, Defendant Sterling Centrecorp, Inc. ("Sterling") made its designation of experts and produced its expert reports, with one of its experts being Dr. Shelley Bookspan; and
JOHN C. CRUDEN, Assistant Attorney General, Environment and Natural Resources Division, GABRIEL ALLEN, U.S. Department of Justice, Environment and Natural Resources Division, San Francisco, CA, PATRICAL L. HURST, PETER KRZYWICKI, PAUL CIRINO, U.S. Department of Justice, Environment and Natural Resources Division, Washington, D.C. KAMALA D. HARRIS, Attorney General of California, SUSAN FIERING, Supervising Deputy Attorney General, TIMOTHY E. SULLIVAN, Deputy Attorney General, California Department of Justice, Office of the Attorney General, Oakland, CA, Attorneys for Plaintiff, California Department of Toxic Substances Control.
GARY J. SMITH, KAITLYN D. SHANNON, BEVERIDGE & DIAMOND, P.C., San Francisco, CA, Attorneys for Defendant, Sterling Centrecorp, Inc.
WHEREAS, counsel for the Plaintiff-Counterclaim Defendant United States of America (the "United States") requested to take the deposition of Dr. Bookspan prior to the November 13, 2015, date for the designation of supplemental experts; and
WHEREAS, given Dr. Bookspan's work and vacation schedule, the deposition was scheduled for November 18, 2015, at Sterling's counsel's office in San Francisco; and
WHEREAS, on November 17, 2015, Dr. Bookspan stated that she was ill and could not travel to San Francisco for the deposition; and
WHEREAS, given the professional and personal schedules of counsel for Sterling and the United States, as well as the intervention of the Thanksgiving Day holiday, the parties and Dr. Bookspan agreed that they could be available for the deposition on December 10, 2015, in San Francisco, in the event that the Court permitted a short extension of the expert discovery deadline for this purpose; and
WHEREAS, the Parties believe that it is reasonable to extend the expert discovery deadline by one week to accommodate counsel and the witness for the deposition and that there would be no need for a corresponding extension of any other deadlines in the case, including the April 14, 2016, date for hearing dispositive motions; and
WHEREAS, the Parties are unaware of any prejudice that would be suffered by any party based on the relief requested herein.
NOW THEREFORE, the United States and Sterling hereby jointly stipulate and respectfully request that Court extend the deadline for the close of expert discovery by one week, to December 11, 2015, for the purpose of allowing the deposition of Dr. Shelley Bookspan.
SO STIPULATED.
Counsel for Defendant Sterling Centrecorp, Inc. and Department of Toxic Substances Control have authorized Plaintiff-Counterclaim Defendant United States of America to file this Stipulation on behalf of these Parties; the United States will retain documents evidencing this authorization.
For Plaintiff-Counterclaim Defendant United States of America
ORDER
In view of this Stipulation, the Court finds that good cause exists for issuance of an Order extending the date for the close of expert discovery by one week. Expert discovery in this case shall close on December 11, 2015. All other dates established in this case remain unchanged.
IT IS SO ORDERED.