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Black & Veatch Corporation v. Modesto Irrigation

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 ...


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