Opinion
CASE NO. 2:10-CV-03246-MCE
01-06-2012
WESTERN RESOURCE PARTNERS, INC., Plaintiff, v. HAMSTRA BUILDERS, INC. and DOES 1 through 10, inclusive, Defendants. AND RELATED CROSS-ACTION.
HANSON BRIDGETT LLP WILLIAM D. TAYLOR, SBN51689 JONATHAN W. KLOTSCHE, SBN257992 Attorneys for Defendant and Cross- Complainant HAMSTRA BUILDERS, INC.
HANSON BRIDGETT LLP
WILLIAM D. TAYLOR, SBN51689
JONATHAN W. KLOTSCHE, SBN257992
Attorneys for Defendant and Cross
Complainant HAMSTRA BUILDERS, INC.
STIPULATION AND ORDER TO EXTEND MOTION HEARING
SCHEDULE AND DISCOVERY AND EXPERT WITNESS DEADLINES
(Shasta County Superior Court Case No. 170635)
It is hereby stipulated, by and between the parties hereto through their counsel of record, that the non-expert discovery deadline of December 12, 2011 be continued to February 12, 2012, and the expert witness disclosure deadline of December 19, 2011 be continued to February 19, 2012.
It is hereby further stipulated, by and between the parties hereto through their counsel of record, that the motion hearing schedule be continued. Presently, plaintiff's dispositive motion must be filed by December 15, 2011, defendant's opposition and cross-motion must be filed by January 5, 2012, plaintiff's reply and opposition must be filed by January 19, 2012, defendant's reply must be filed by February 2, 2012 and the hearing on such motions is set for February 9, 2012.
The parties have stipulated to continue the motion hearing schedule as follows: plaintiff's dispositive motion shall be filed by March 15, 2012, defendant's opposition and cross-motion shall be filed by April 5, 2012, plaintiff's reply and opposition must be filed by April 19, 2012, defendant's reply must be filed by May 3, 2012 and the hearing on such motions shall be set for May 10, 2012.
Good cause exists for the approval of this stipulation in that the trial for this matter is set for April 8, 2013 and, despite the parties good faith efforts, discovery is not yet complete. Specifically, while the parties have completed all written discovery and have taken nearly all depositions, the deposition of Hamstra Builders, Inc.'s person most knowledgeable has not yet been taken. This deposition was scheduled to be taken on December 9, 2012, however, due to unforeseen circumstances, that deposition could not go forward as scheduled. The parties desire to extend the discovery deadline so that this deposition can be rescheduled and taken.
Furthermore, because the deposition of Hamstra Builders, Inc.'s person most knowledgeable may impact the person(s) to be designated by the parties as expert witnesses, the parties desire to extend the expert witness disclosure date so that it falls after the extended discovery cut-off date.
Finally, because discovery is not yet complete, the parties desire to extend the motion hearing schedule so that, once discovery is complete, they will have sufficient time to analyze all recently completed discovery and utilize that discovery in a dispositive motion.
For these reasons, the parties have stipulated to extend the non-expert discovery deadline to February 12, 2012, the expert witness disclosure deadline to February 19, 2012, and the motion hearing schedule to the proposed dates referenced above, and request the Court's approval.
[SIGNATURES ON THE FOLLOWING PAGE]
HANSON BRIDGETT LLP
By: ____________
JOHN W. KLOTSCHE
Attorneys for Defendant/Cross-Plaintiff
Hamstra Builders, Inc.
MAIRE & BURGESS
By: ____________
JODY M. BURGESS
Attorneys for Plaintiff/Cross-Defendant
Western Resource Partners, Inc.
IT IS SO ORDERED:
____________
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE