BENJAMIN B. WAGNER United States Attorney SYLVIA QUAST Assistant United States Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2740 Facsimile: (916) 554-2900 Attorneys for the United States of America
STIPULATION TO AMEND PRETRIAL SCHEDULING CONFERENCE ORDER AND ORDER
WHEREAS on August 12, 2011, the Court filed a Status (Pretrial Scheduling) Order ("Order" at Document # 20) establishing a schedule for this action;
WHEREAS the parties to this action have arrived at a tentative agreement to settle this action but require time to finalize the language of the proposed consent decree to be submitted to the Court as soon as all necessary approvals have been obtained;
WHEREAS the parties have agreed to suspend all pending discovery, including all noticed depositions, the noticed site inspection, and responses to all pending written discovery;
WHEREAS the parties believe that a continuance of approximately one month of each of the discovery and law and motion dates in the Order would facilitate finalizing their tentative agreement;
NOW THEREFORE the parties jointly request that the Court amend the Order as follows:
1. The parties may conduct fact discovery until April 2, 2012, and may conduct expert discovery until July 23, 2012. Motions to compel fact discovery must be heard not later than February 29, 2012, and motions to compel expert discovery must be heard not later than July 11, 2012.
2. The parties shall make their expert disclosures pursuant to the following schedule: initial expert disclosures shall be made on or before May 14, 2012; rebuttal expert disclosures shall be made on or before June 13, 2012.
3. All pretrial motions, except motions to compel discovery, shall be completed as described herein on or before September 19, 2012.
In light of the foregoing stipulation of the parties, IT IS HEREBY ORDERED that the August 12, 2011 Status (Pretrial Scheduling) Order is modified as follows:*fn1
1. Fact discovery shall be completed by April 2, 2012 and expert discovery shall be completed by July 23, 2012.*fn2
2. Motions to compel fact discovery must be heard not later than February 29, 2012, and motions to compel expert discovery must be heard not later than July 11, 2012.
3. The parties are to designate in writing, and serve upon all other parties, the names of all experts they propose to tender at trial pursuant to the following schedule: initial expert disclosures shall be made on or before May 14, 2012; ...