UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
March 10, 2010
UNITED STATES OF AMERICA, AND CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL, PLAINTIFFS,
STERLING CENTRECORP INC., STEPHEN P. ELDER, AND ELDER DEVELOPMENT, INC., DEFENDANTS.
The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge
This is an action brought by Plaintiffs pursuant to the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601, et seq., seeking, inter alia, the recovery of response costs related to the release of hazardous substances from the Lava Cap Mine Superfund Site.
Presently before the Court is a Joint Motion filed on behalf of Plaintiffs the United States of America and California Department of Toxic Substances Control, and Defendant Sterling Centrecorp, Inc.*fn1 for a five-month extension of time for completing discovery in this matter, from May 7, 2010 to October 7, 2010. The parties also request a similar extension of time with respect to the deadline for disclosure of expert witnesses and the time within which dispositive motions may be heard, until December 7, 2010 and February 11, 2011, respectively.
At the time the existing dates were set by the Court pursuant to its Pretrial Scheduling Order filed May 18, 2009, a bench trial date of March 7, 2011 was also established. By subsequent Minute Order dated January 4, 2010, however, the Court continued trial until March 5, 2012. Because the trial date has been continued for nearly a year, the parties request more time to complete discovery, which they claim is ongoing and includes the deposition of a foreign witness as well as the exchange of documents under a proposed confidentiality order.
Because the proposed extensions do not affect the current trial and final pretrial conference dates, and given the joint nature of the parties' extension request, the Motion for Extension (Docket No. 67) is hereby GRANTED.*fn2 The parties are directed to complete all discovery, other than expert discovery, by October 7, 2010. The disclosure of expert witnesses shall occur not later than December 7, 2010. All dispositive motions must be heard by February 11, 2011.
IT IS SO ORDERED.