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Patriot Rail Corp. v. Sierra Railroad Co.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


June 23, 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 AMENDING PRETRIAL SCHEDULING ORDER

STIPULATION

WHEREAS on April 29, 2010, this Court issued its Pretrial Scheduling Order requiring the Parties to complete non-expert discovery on or before June 18, 2010;

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

WHEREAS Plaintiff and Counter Defendant Patriot Rail Corp., Cross Defendants Patriot Rail, LLC and Larry Coe ("Patriot"), and Defendant and Counter Claimant Sierra Railroad Company ("Sierra") (collectively with Patriot, the "Parties") voluntarily mediated this matter before the Hon. James Warren (Ret.) of JAMS on February 23, 2010 from 9:30 a.m. through 7:30 p.m., but were unable to reach a settlement agreement;

WHEREAS the Parties have actively been involved in completing discovery including depositions but, due to a recent death in Patriot's counsel's family, and the deployment of Sierra's counsel for service in the Air National Guard, the Parties are unable to complete all depositions prior to the current non-expert discovery cut-off of June 18, 2010;

WHEREAS the Parties have noticed or subpoenaed five depositions that must be completed before discovery closes in this matter;

WHEREAS good cause exists for, and none of the parties to this matter shall be prejudiced by, an extension of the last day to complete depositions to July 16, 2010;

WHEREAS the Parties stipulate and agree to extend the date to complete depositions to July 16, 2010, and also stipulate and agree that no new discovery may be commenced as a result of this stipulation and agreement to extend the date to complete depositions;

WHEREAS the Parties also agree to extend the discovery cut-off for the limited purpose of allowing third parties responding to outstanding subpoenas to produce documents on or before June 25, 2010;

WHEREAS, since the Parties have also previously agreed and continue to believe that the Mandatory Settlement Conference has the best chance of being productive if conducted after the close of discovery, the Mandatory Settlement Conference currently scheduled for July 9, 2010 should be rescheduled for a date no earlier than August 2, 2010;

WHEREAS the Parties stipulate and agree to disclose expert witnesses and expert witness reports on July 30, 2010;

WHEREAS the Parties stipulate and agree to disclose supplemental expert witnesses and reports for supplemental experts within 20 days of the initial expert disclosure, as set forth in the Court's May 18, 2009 scheduling order, on or before August 19, 2010; and

WHEREAS the Parties also believe the extensions contained in this Stipulation and Proposed Order will not effect or require modification of the trial date or any other dates in the Court's Pretrial Scheduling Order.

THE PARTIES, THROUGH THEIR RESPECTIVE ATTORNEYS OF RECORD, HEREBY STIPULATE pursuant to Fed. R. Civ. P. 16(b)(4) and request that the Court amend its Pretrial Scheduling Order to extend the last day to complete depositions to July 16, 2010, continue the date for expert witness disclosure to July 30, 2010, continue the date for supplemental expert witness disclosure to August 19, 2010, and continue the Mandatory Settlement Conference to a date no earlier than August 2, 2010.

Dated: June 18, 2010

GREENBERG TRAURIG, LLP Lisa L. Halko M. Theresa Tolentino Meehan Sarah W. Asplin Attorneys for Plaintiff/Counter Defendant Patriot Rail Corp. and Cross Defendants Patriot Rail, LLC and Larry Coe

WEINTRAUB GENSHLEA CHEDIAK Louis A. Gonzalez, Jr. W. Scott Cameron Attorneys for Defendant and Counter Claimant Sierra Railroad Company

ORDER

As it appears the Parties failed to settle this matter at a voluntary mediation on February 23, 2010, must now complete several depositions both in California and out of state, have experienced a death in the family and a deployment among counsel; have stipulated to an extension of the last day to complete depositions, and as the Court finds good cause to amend its Pretrial Scheduling Order to extend the last day to complete depositions to July 16, 2010, to continue the last day for third parties to respond to outstanding subpoenas to June 25, 2010, continue the date for expert witness disclosure to July 30, 2010, continue the date for supplemental expert witness disclosure to August 19, 2010, and continue the Mandatory Settlement Conference to August 2, 2010. All other dates contained in the Court's Pretrial Scheduling Order, including the trial date, remain unchanged.

The Court also extends the date by which discovery must be complete so as to permit compliance with the magistrate judge's discovery order filed June 21, 2010 (Docket No. 99), which is hereby adopted in full.

IT IS SO ORDERED.

20100623

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