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Shore v. Brown

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 15, 2009

WILMA SHORE, PLAINTIFF,
v.
KEVIN M. BROWN, ACTING COMMISSIONER FOR CONSIDERATION OF INTERNAL REVENUE SERVICE OF UNITED STATES OF AMERICA, AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.
UNITED STATES OF AMERICA, COUNTERCLAIMANT,
v.
WILMA SHORE, COUNTERCLAIM DEFENDANT, AND GREGORY A. SHORE AND BRENDA O. REYNOLDS, ADDITIONAL DEFENDANTS ON COUNTERCLAIM.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

JOINT MOTION AND STIPULATION TO EXTEND CERTAIN DISCOVERY AND EXPERT DISCLOSURE DEADLINES (WITH ENDORSEMENT/PROPOSED ORDER OF THE COURT)

The undersigned attorneys for the Plaintiff and Counterclaim Defendant, Wilma Shore, and the Defendant and Counterclaimant, the United States of America, (the only parties who have entered appearances in this case) move for a brief extension of the discovery and expert deadlines set in this case by the Supplemental Modified Scheduling Conference Order entered December 15, 2008. The parties are not seeking to extend other deadlines or dates set in that order.

1. This is the parties' second request for an extension of the discovery and expert disclosure deadlines. The first request was filed following the commencement of a Chapter 11 bankruptcy petition in the United States Bankruptcy Court for the Eastern District of California on September 24, 2008 and the subsequent modification of the automatic stay in that proceeding on December 10, 2008.

2. After the modification of the automatic stay and the entry of this Court's modified scheduling order, the parties moved forward with additional discovery in this case.*fn1 To date, the parties have obtained deposition testimony from approximately fourteen fact witnesses and/or parties. Depositions of three additional fact witnesses are scheduled to occur today. In addition, document review in this case has entailed inspection of a large volume of boxes and files.

3. Pursuant to the Court's modified scheduling order, fact discovery is to be completed by April 15, 2009. Expert disclosures are to be made on or before April 15, 2009 and the disclosure of rebuttal expert witnesses are to be made on or before May 15, 2009. The deadline for all discovery is June 15, 2009.*fn2

4. Despite good-faith efforts of the parties to complete discovery by these deadlines, the parties need additional time to evaluate the evidence obtained to date during discovery and to follow up by obtaining some additional discovery.

5. Accordingly, the parties stipulate to, and respectfully request that the Court grant, an extension of the deadline for obtaining fact discovery from April 15, 2009 to May 22, 2009. The parties further stipulate to, and respectfully request that the Court grant, an extension of the deadline for expert disclosures from April 15, 2009 to May 6, 2009, and an extension of the deadline for the disclosure of rebuttal expert witnesses from May 15, 2009 to June 8, 2009. The parties also stipulate to, and respectfully request that the Court grant, an extension of the date for the close of all discovery, including experts, from June 15, 2009 to June 29, 2009.

An endorsement, for the consideration of the Court, follows below.

Submitted on April 15, 2009

IT IS SO ORDERED (as set forth, above, in numbered paragraph5):

IT IS SO ORDERED.


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