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Employers' Fire Insurance Company, A v. Broan-Nutone

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA - SACRAMENTO DIVISION


July 11, 2011

EMPLOYERS' FIRE INSURANCE COMPANY, A
MASSACHUSETTS CORPORATION; AND GENERAL INSURANCE COMPANY OF AMERICA, A WASHINGTON CORPORATION,
PLAINTIFFS,
v.
BROAN-NUTONE, LLC, A DELAWARE LIMITED LIABILITY COMPANY AND JAKEL MOTORS INCORPORATED, A WISCONSIN CORPORATION; AND DOES 1 THROUGH 50, INCLUSIVE,
DEFENDANTS.

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

Law Offices of M ATHENY S EARS L INKERT & J AIME, LLP RICHARD S. LINKERT, ESQ. (SBN 88756) MICHAEL W. CARRUTH, ESQ. (SBN 246483) 3638 American River Drive Sacramento, California 95864 Telephone: (916) 978-3434 Facsimile: (916) 978-3430 Attorneys for Defendants, BROAN-NUTONE, LLC, a Delaware corporation and JAKEL MOTORS INCORPORATED, a Wisconsin corporation.

STIPULATION TO EXTEND DEFENDANTS' EXPERT DISCLOSURE DEADLINE AND ORDER

The parties to this matter, Defendants BROAN-NUTONE, LLC and JAKEL MOTORS, INC., (hereinafter "Defendants"), together with Plaintiffs EMPLOYERS' FIRE INSURANCE COMPANY and GENERAL INSURANCE COMPANY OF AMERICA, hereby stipulate and agree to continue Defendants' Rule 26 Expert Disclosure Deadline. This continuance is necessary and for good cause because of the unavailability of certain of Defendant's experts for deposition within the existing deadlines and difficulty of coordinating the parties' schedules.

Pursuant to the recently modified Status (Pre-Trial Scheduling) Order in this matter dated June 7, 2011, Defendants are to disclose their experts on July 18, 2011. Defendants are in the process of deposing Plaintiffs' eight damages experts as well as two relevant percipient witnesses in advance of that July 18, 2011 deadline. The parties have had some difficulty scheduling the depositions of Plaintiffs' experts and coordinating the schedules of counsel within that existing deadline. One very relevant expert is unavailable for personal reasons while another significant percipient witness has been non-responsive to contact from counsel. The parties have thus agreed to extend the deadline for Defendants to provide their Expert Disclosures for an additional two weeks to August 1, 2011.

IT IS THEREFORE HEREBY STIPULATED by and between the parties hereto through their respective attorneys of record that Defendants Expert Disclosures will be due on August 1, 2011.

IT IS SO ORDERED.

JOHN A. MENDEZ UNITED STATES DISTRICT JUDGE

20110711

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