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United States of America v. Steven C. Lyon

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION


December 20, 2010

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
STEVEN C. LYON, ET AL,
DEFENDANTS.

The opinion of the court was delivered by: Judge: Hon. Lawrence J. O'Neill

ELISE FELDMAN MATTHEW THURLOW (State Bar No. 243470) Environmental Enforcement Section Environment and Natural Resources Division United States Department of Justice 301 Howard Street, Suite 1050 San Francisco, CA 94105 ATTORNEYS FOR THE UNITED STATES OF AMERICA ROBERT C. GOODMAN (State Bar No. 111554) AARON P. SILBERMAN (State Bar No. 161021) Rogers Joseph O'Donnell 311 California Street San Francisco, CA 94104 ATTORNEYS FOR STEPHEN C. LYON, SUZANNE S. LYON, RUSSELL R. TONDA AND DIANE M. TONDA KEITH D. CHIDLAW (State Bar No. 133604) Schuering Zimmerman & Doyle LLP 400 University Avenue Sacramento, CA 95825 ATTORNEY FOR RAJENDRA JAMNADAS PERSONAL REPRESENTATIVE OF THE ESTATE OF SHANTILAL JAMNADAS

JOINT STIPULATION AND REQUEST TO EXTEND DISCOVERY CUTOFF, EXPERT DISCLOSURE DATES, AND BRIEFING SCHEDULE FOR MOTION FOR PARTIAL SUMMARY JUDGMENT AND RELATED CROSS-ACTION AND THIRD PARTY ACTIONS

Dept.: 4

Trial Date: September 7, 2011

IT IS HEREBY STIPULATED by and between counsel for Plaintiff United States of America ("Plaintiff"), Defendants Stephen C. Lyon, Suzanne S. Lyon, Russell R. Tonda, and Diane M. Tonda ("the Lyons and Tondas"), and Defendant Rajendra Jamnadas the personal representative of the Estate of Shantalil Jamnadas ("Jamnadas") (collectively "the Parties") as follows:

WHEREAS the United States, the Lyons and Tondas, and Jamnadas have participated in mediation and have reached an agreement in principle subject to management approval and signature to completely resolve this matter; WHEREAS the United States and counsel for the Defendants have reached an agreement on the final language of the Consent Decree. The Parties anticipate that the final Consent Decree 8 will be signed by Defendants within the next ten (10) business days. Once Defendants sign the Consent Decree, it is anticipated that final review and authorization by the United States Environmental Protection Agency ("EPA") and Department of Justice managers will be 11 completed in thirty (30) days.

WHEREAS once the consent decrees are executed by the Parties, they will be lodged with the Court pending a 30-day public comment period.

WHEREAS the parties previously stipulated to continue all dates for the first phase (liability) set in the Scheduling Conference Order (Doc. 458) by four (4) months and the Court so ordered (Doc. 459).

WHEREAS the discovery cutoff dates for the first phase (liability) are currently set as follows:

Non-expert Discovery Cutoff: December 28, 2010

Expert Disclosure: January 24, 2011

Supplemental Expert Disclosure: March 3, 2011

Expert Discovery Cutoff: April 20, 2011

WHEREAS the Parties wish to avoid incurring further expenses for discovery, which will be difficult to do with the current schedule, where written discovery has been propounded and depositions have been noticed, and expert witnesses will need to be engaged to prepare expert reports prior to the January 24, 2011, expert disclosure deadline.

WHEREAS the United States filed a Notice of Motion and Motion for Partial Summary Judgment against the Lyons and Tondas on November 3, 2009, setting the hearing date for December 14, 2009 (Doc. No. 384).

WHEREAS the United States and the Lyons and Tondas thereafter stipulated to continu the December 14, 2009 hearing date on five (5) occasions (Docs. 396, 430, 450, 458, 460), and the Court so ordered (Doc. Nos. 398, 439, 453, 459, 461), for a total period of approximately thirteen (13) months.

WHEREAS the briefing schedule for the Motion for Partial Summary Judgment is currently set as follows:

Lyons and Tondas' Opposition Brief Due: January 6, 2011

United States' Reply Brief Due: January 20, 2011

Motion for Partial Summary Judgment

Hearing Date: January 27, 2011, 8:30 a.m.

WHEREAS the Parties agree that in light of the agreement on the final Consent Decree and anticipated signatures by the Parties, it is appropriate to continue the hearing on the United States' Motion for Partial Summary Judgment currently scheduled for hearing on January 27, 2011, to February 28, 2011 in order to conserve Court resources and prevent the Parties from incurring potentially unnecessary litigation.

WHEREAS the Parties have agreed to request that the discovery cutoff deadlines and the briefing schedule for the Motion for Partial Summary Judgment be extended for approximately thirty (30) days, leaving the current pretrial motion, conference and trial dates unchanged.

NOW THEREFORE the Parties stipulate that the dates established for discovery cutoff for the first phase (liability) and briefing schedule for the Motion for Partial Summary Judgment 22 of the bifurcated proceedings be extended as follows: 23

Non-expert Discovery Cutoff: January 28, 2011

Lyons and Tondas' Opposition Brief Due: February 7, 2011

United States' Reply Brief Due: February 21, 2011

Motion for Partial Summary Judgment

Hearing Date: February 28, 2011, 8:30 a.m.

Expert Disclosure: February 28, 2011

Supplemental Expert Disclosure: March 31, 2011

Expert Discovery Cutoff: April 29, 2011

Respectfully submitted, Dated: December 16, 2010

IT IS SO ORDERED.

All discovery cutoff dates for the first phase (liability) of the bifurcated proceedings and the briefing schedule for the Motion for Partial Summary Judgment are EXTENDED as indicated 13 below:

Non-expert Discovery Cutoff: January 28, 2011

Lyons and Tondas' Opposition Brief Due: February 7, 2011

United States' Reply Brief Due: February 21, 2011

Motion for Partial Summary Judgment

Hearing Date: February 28, 2011, 8:30 a.m.

Expert Disclosure: February 28, 2011

Supplemental Expert Disclosure: March 31, 2011

Expert Discovery Cutoff: April 29, 2011

HONORABLE LAWRENCE J. O'NEILL UNITED STATES DISTRICT JUDGE

20101220

© 1992-2010 VersusLaw Inc.



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