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Holmes v. Home Depot USA

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


April 27, 2009

ALICE HOLMES AND VERNON HOLMES PLAINTIFFS,
v.
HOME DEPOT USA, INC.; MTD PRODUCTS, INC.; BRIGGS & STRATTON CORPORATION; WALBRO CORPORATION, AND DOES 1 THROUGH 50, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge.

AMENDED STIPULATION TO CHANGE DEFENDANT DAPCO INDUSTRIES' EXPERT DISCLOSURE DATE ORDER

This Stipulation is entered into by and between plaintiffs ALICE HOLMES and VERNON HOLMES and defendants DAPCO INDUSTRIES ("DAPCO"); MTD CONSUMER GROUP, INC.; BRIGGS & STRATTON CORPORATION; and WALBRO ENGINE MANAGEMENT LLC (sued herein as Walbro Corporation) (collectively referred to as "Parties"). The Court previously set Defendants' expert disclosure deadline for 4/24/09 as per a Minute Order of 3/4/09. The Parties have conferred and in light of the pending Motion to Dismiss and Motion for Leave to Amend have agreed to extend the date of defendant DAPCO INDUSTRIES' expert disclosure for thirty (30) days.

1. This Stipulation is necessary because due to the pending motion to dismiss defendant DAPCO's expert has not completed his analysis and expert report, which is required for the expert disclosure. DAPCO's counsel anticipated that DAPCO would be dismissed from this case prior to the need to retain an expert.

Therefore, DAPCO only recently retained an expert and this expert will require additional time to complete his analysis and report. In order for DAPCO Industries to have a meaningful exchange of experts, DAPCO will need an additional thirty (30) days to disclose its expert witnesses. This extension does not affect the other dates set forth in the Court's Scheduling Order.

This Stipulation may be signed by the attorneys in counterpart, and with electronic, original, photocopy or facsimile signatures.

DATED: 04/22/2009

IT IS SO ORDERED.

20090427

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