(Shasta County Superior Court Case No. 170635)
The opinion of the court was delivered by: Morrison C. England, JR United States District Judge
AMENDED STIPULATION AND ORDER
TO EXTEND HEARING SCHEDULE AND
DISCOVERY AND EXPERT WITNESS
AND RELATED CROSS-ACTION. 23 24
It is hereby stipulated, by and between the parties hereto through their counsel of 25 record, that the non-expert discovery deadline of April 16, 2012 be continued to May 10, 26 2012, and the expert witness disclosure deadline of April 23, 2012 be continued to May 27 24, 2012. 28
It is hereby further stipulated, by and between the parties hereto through their 2 counsel of record, that the motion hearing schedule be continued. This is the parties' 3 second stipulation to extend the motion hearing schedule and discovery and expert 4 witness deadlines. This stipulation and request of the Court is made in good faith and is 5 not for the purpose of delay. 6 Presently, plaintiff's dispositive motion must be filed by May 7, 2012, all responses 7 shall be filed by May 21, 2012, and all replies must be filed by June 6, 2012, and the 8 hearing on such motions is set for June 13, 2012. 9 The parties have stipulated to continue the motion hearing schedule as follows: all 10 dispositive motion shall be filed by June 4, 2012, all responses shall be filed by June 18, 11 2012, all replies must be filed by July 2, 2012 and the hearing on parties' dispositive 12 motions shall be set for July 12, 2012 at 2:00 p.m. in Courtroom 7. 13 Good cause exists for the approval of this stipulation in that the trial for this matter 14 is set for April 8, 2013 and despite the parties' good faith efforts, discovery is not yet 15 complete. Specifically, settlement negotiations are on-going and the parties are 16 attempting to resolve this matter. Furthermore, the deposition of Hamstra Builders, Inc.'s 17 person most knowledgeable has not yet been taken due to the parties on-going 18 settlement negotiations. Additionally, the deposition of Hamstra Builder, Inc.'s person 19 most knowledgeable may have further impact on the person(s) to be designated by the 20 parties as expert witnesses. The parties, therefore, desire to extend the expert witness 21 disclosure date so that it falls after the extended discovery cut-off date. 22
Finally, because discovery is not yet complete, the parties desire to extend the 23 motion hearing schedule so that once discovery is complete, they will have sufficient time 24 to analyze all recently completed discovery and utilize that discovery in a dispositive 25 motion. 26
For these reasons, the parties have stipulated to extend the non-expert discovery 2 deadline to May 10, 2012, the expert witness disclosure deadline to May 24, 2012, and 3 the motion schedule to the proposed dates referenced above, and request the Court's 4 approval for the same. 5
DATED: April 19, 2012 HANSON BRIDGETT LLP 7 8 By /s/ John W. Klotsche 9 JOHN W. KLOTSCHE Attorneys for Defendant/Cross-Plaintiff 10 Hamstra Builders, Inc. 11 12 DATED: April 19, 2012 MAIRE & BURGESS 13 14 By: /s/ Jody M. Burgess JODY M. BURGESS Attorneys for Plaintiff/Cross-Defendant 15 Western Resource Partners, Inc.
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