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Associated General Contractors of America v. California Dep't of Transportation

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION


August 18, 2010

ASSOCIATED GENERAL CONTRACTORS OF AMERICA, SAN DIEGO CHAPTER, INC., A NONPROFIT CALIFORNIA CORPORATION, PLAINTIFF,
v.
CALIFORNIA DEPARTMENT OF TRANSPORTATION, ET AL., DEFENDANTS, COALITION FOR ECONOMIC EQUITY AND NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, SAN DIEGO CHAPTER, DEFENDANT-INTERVENORS.

The opinion of the court was delivered by: Judge Hon. John A. Mendez

JOINT STIPULATION AND ORDER REGARDING TIMING OF EXPERT DISCOVERY AND MODIFICATIONS TO PRE-TRIAL SCHEDULING ORDER

WHEREAS, under the Court's July 7, 2010 Order the parties must make expert disclosures under Fed. R. Civ. P. 26(a)(2) by September 3, 2010; and

WHEREAS, that Order also required the parties to complete expert discovery by October 1, 2010; and

WHEREAS, the parties are unable to schedule multiple expert depositions, develop rebuttal expert reports, and schedule multiple rebuttal expert depositions in the time allotted; and

WHEREAS, the timing for dispositive motions, the pre-trial conference, and the date for the start of trial will need to be rescheduled if the parties are granted an extension for expert discovery;

NOW, THEREFORE, Plaintiffs Associated General Contractors of America, San Diego Chapter, Inc.; Defendants California Department of Transportation (Caltrans), Cindy Kim, in her official capacity as Director of Caltrans, and Olivia Fonseca, individually, and in her official capacity as Deputy Director of Caltrans; and Defendant-Intervenors Coalition for Economic Equity, and the National Association for the Advancement of Colored People, San Diego Chapter (collectively, "the Parties") hereby stipulate and respectfully request that the Court approve the following amended schedule regarding expert disclosures and discovery and modifications to the Status (Pretrial Scheduling) Order entered on August 27, 2009;

1. The deadline for fact discovery shall remain September 3, 2010.

2. The Parties shall make expert witness disclosures under Fed. R. Civ. P. 26(a)(2) by September 24, 2010.

3. The Parties shall make any supplemental disclosures or rebuttal expert witness disclosures under Fed. R. Civ. P. 26(a)(2)(c) by October 29, 2010.

4. The Parties are relieved of any obligation under Fed. R. Civ. P. 26(a)(2)(B) to disclose drafts of expert reports or rebuttal expert reports, and any such drafts shall not be discoverable by any other party.

5. Expert discovery shall be completed by December 31, 2010.

6. All dispositive motions shall be filed by January 26, 2011. Hearing on such motions shall be on March 23, 2011 at 9:30 a.m.

7. The Parties shall file a joint pre-trial statement by April 27, 2011.

8. The final pre-trial conference shall be set for May 4, 2011 at 3:00 p.m.

9. Jury trial in this matter shall be set for June 20, 2011 at 9:00 a.m. The Parties estimate a trial length of approximately 10 days.

IT IS SO ORDERED, this 18th day of August, 2010.

John A. Mendez United States District Judge

20100818

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