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Patriot Rail Corp. v. Sierra Railroad Co.

April 28, 2010

PATRIOT RAIL CORP., A DELAWARE CORPORATION, PLAINTIFF,
v.
SIERRA RAILROAD COMPANY, A CALIFORNIA CORPORATION, DEFENDANT.



The opinion of the court was delivered by: Morrison C. England, JR United States District Judge

And Related Counterclaim.

STIPULATION AND ORDER FURTHER AMENDING PRETRIAL SCHEDULING ORDER

STIPULATION AND ORDER

WHEREAS on May 18, 2009, this Court issued its Pretrial Scheduling Order;

WHEREAS on January 4, 2010, this Court issued its minute order continuing the trial date in this matter to March 19, 2012;

WHEREAS on April 2, 2010, this Court issued an Order extending the discovery cut-off in this matter for good cause to May 21, 2010;

WHEREAS the Mandatory Settlement Conference in this matter is currently set for June 4, 2010;

WHEREAS the Parties have actively been involved in completing discovery including depositions, but due to the mediation in this matter, scheduling conflicts, several witnesses being required to travel to Sacramento from the east coast for deposition, and counsel for the Parties being required to travel to the east coast to take certain third party and party depositions, are unable to complete all depositions prior to the current non-expert discovery cut-off of May 21, 2010;

WHEREAS the Parties have noticed and subpoenaed a minimum of eleven depositions that must be completed before discovery closes in this matter;

WHEREAS Patriot deponent Bennett Marks deposition was postponed due to an unanticipated SEC filing obligation for an unrelated business;

WHEREAS Sierra must complete Mr. Mark's deposition before the remaining Patriot witness depositions;

WHEREAS good cause exists for, and none of the Parties to this matter shall be prejudiced by, an extension of the non-expert discovery cut-off to June 18, 2010;

WHEREAS the Parties also believe that it is unlikely that the Parties will settle this matter without first completing the pending depositions and, therefore, agree that good cause exists to postpone the Mandatory Settlement Conference before Judge England to June 30, 2010, or on a date after the proposed non-expert discovery cut-off of June 18, 2010 that is acceptable to Judge England, with the Parties submitting confidential settlement statements to Judge England's chambers as directed by the Court,

WHEREAS the Parties also believe that an extension of the non-expert discovery cut- off and postponement of the Mandatory Settlement Conference will require modification of other related discovery and law and motion deadlines in the Court's Pretrial ...


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