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
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 ...