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Black & Veatch Corporation v. Modesto Irrigation

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


February 28, 2012

BLACK & VEATCH CORPORATION, PLAINTIFF,
v.
MODESTO IRRIGATION DISTRICT,
DEFENDANT.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

WULFSBERG REESE COLVIG & FIRSTMAN PROFESSIONAL CORPORATION 2 H. James Wulfsberg - 046192 Stephen L. Cali - 133923 3 David J. Hyndman - 193944 Kaiser Center 4 300 Lakeside Drive, 24th Floor Oakland, CA 94612-3524 5 Telephone: (510) 835-9100 Facsimile: (510) 451-2170 6 LANG, RICHERT & PATCH 7 Mark L. Creede -- 128418 Matthew W. Quall - 183759 8 Fig Garden Financial Center 5200 North Palm Avenue, Fourth Floor 9 Fresno, CA 93704 Telephone: (559) 228-6700 10 Facsimile: (559) 228-6727 IRSTMA Attorneys for Plaintiff BLACK & VEATCH CORPORATION F

STIPULATION TO AMEND SCHEDULING ORDER; ORDER THEREON AND RELATED ACTIONS.

Plaintiff and counter-defendant Black & Veatch Corporation ("B&V"); defendant, counter-3 claimant, and third party complainant Modesto Irrigation District ("MID"); third party defendants 4 and counter-claimants Western Summit Constructors, Inc. ("WSCI"), Federal Insurance Company, 5 Fidelity and Deposit Company of Maryland, and Travelers Casualty and Surety Company of 6 America; third-party defendant Big B Construction ("Big B"); and counter-claimant City of 7 Modesto ("City") (collectively, the "Parties") hereby agree and stipulate as follows: 8

RECITALS

WHEREAS, the Scheduling Order, dated November 3, 2011, contains a deadline of 10 December 14, 2012, for the completion of all discovery pertaining to non-experts and February 1, 2013 for the completion of all discovery pertaining to experts.

WHEREAS, the Parties desire to conduct a private mediation before April 15, 2012, before Mediator Hon. Richard Silver, Rtd., and also desire to postpone taking depositions and 14 limiting discovery prior to the mediation, in order to save attorneys' fees and litigation costs.

WHEREAS, the Parties believe that they will be able to complete non-expert and expert 16 discovery by March 1, 2013, without the need for continuing the dates currently scheduled for 17 Non-Dispositive Motions, Dispositive Motions, Mandatory Settlement Conference, Pre-Trial 18 Conference, and Trial. 19

NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the Parties as 20 follows: 21

1. The deadline for completion of non-expert discovery shall be continued from December 14, 2012 to March 1, 2013; 23

2. The deadline for completion of non-expert discovery shall be continued from 24

February 1, 2013 to March 1, 2013; and 25

3. No other provisions of the November 3, 2011 Scheduling Order are otherwise 26 modified herein. 27

(Signatures on the following pages.)

ORDER

The dates proposed for an extension of the non-expert and expert-discovery deadlines are 5 not feasible when considering the current non-dispositive and dispositive motion filing deadlines. 6

Continuation of discovery beyond February 1, 2013, will impact the remainder of the schedule, up 7 to and including trial. As such, while the Court will grant the parties' stipulated request for a 8 schedule modification, the discovery deadlines are only extended as follows: 9

Event Deadline Previous Deadline

Non Expert Discovery February 1, 2013 December 14, 2012 11

The rest of the scheduling deadlines remain unchanged, and are as follows:

Event Deadline Expert Discovery February 1, 2013 Non-Dipositive Motion Filing February 6, 2013 Non-Dipositive Hearing March 6, 2013 Dispositive Motion Filing March 13, 2013 Dispositive Motion Hearing April 24, 2013 Settlement Conference May 2, 2013 Pre-Trial Conference June 5, 2013 Trial July 16, 2013

IT IS SO ORDERED.

20120228

© 1992-2012 VersusLaw Inc.



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