United States Department of Justice vs. Rajendra Jamnadas

Filing 455

STIPULATION and REQUEST to Continue Trial Schedule, signed by District Judge Lawrence J. O'Neill on 3/12/10: Expert Disclosure: October 27, 2010; Supplemental Expert Disclosure: December 2, 2010; Nonexpert Discovery Cutoff: September 28, 2010; Expert Discovery Cutoff: January 19, 2011; Pretrial Motion Filing Deadline: February 28, 2011; Pretrial Motion Hearing Deadline: April 6, 2011; Pretrial Conf.: Date: April 20, 2011 at 8:30 a.m.; Court Trial (4-6 weeks est.) Date: June 7, 2011 at 8:30 a.m.(Hellings, J)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ROGERS JOSEPH O'DONNELL ROBERT C. GOODMAN (State Bar No. 111554) rgoodman@rjo.com AARON P. SILBERMAN (State Bar No. 161021) asilberman@rjo.com D. KEVIN SHIPP (State Bar No. 245947) kshipp@rjo.com 311 California Street San Francisco, California 94104 Telephone: 415.956.2828 Facsimile: 415.956.6457 Attorneys for Defendants STEPHEN C. LYON, SUZANNE S. LYON, RUSSELL R. TONDA and DIANE M. TONDA UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION UNITED STATES OF AMERICA, Plaintiff, vs. STEPHEN C. LYON, et al., Defendants. AND RELATED COUNTER-CLAIMS, CROSS-CLAIMS AND THIRD PARTY CLAIMS. IT IS HEREBY STIPULATED by and between counsel for Plaintiff United States of America ("Plaintiff"), Defendants Stephen C. Lyon, Suzanne S. Lyon, Russell R. Tonda, and Diane M. Tonda (the "Lyons and Tondas"), Defendant Rajendra Jamnadas the personal representative of the Estate of Shantilal Jamnadas ("Jamnadas"), Third Party Defendant City Modesto ("City"), and Third Party Defendant Technichem, Inc. ("Technichem") (collectively "the Parties") as follows: WHEREAS, the Plaintiff, the Lyons and Tondas, and Jamnadas have participated in mediation and have reached an agreement in principle pending approval of United States Environmental Protection Agency ("EPA") and United States Department Joint Stipulation and Request to Continue Trial Schedule Case No. 07-CV-00491 LJO GSA Page 1 288068.2 Case No. 07-CV-00491 LJO GSA JOINT STIPULATION AND REQUEST TO CONTINUE TRIAL SCHEDULE Courtroom: Judge: 4 Hon. Lawrence J. O'Neill 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of Justice management. WHEREAS, the United States is in the process of preparing draft consent decree language setting forth the proposed settlement terms. WHEREAS, the United States and counsel for the Defendants will need time to review, negotiate and finalize the language of each consent decree, including obtaining final approval and sign-off by the defendants and by authorized EPA and Department of Justice managers. WHEREAS, once the consent decree is executed by the parties, it will be lodged with the Court pending a 30 day public comment period. WHEREAS, the Parties agree that in light of the significant progress that has been made toward settlement it is appropriate to continue all applicable deadlines to conserve Court resources and prevent the Parties from incurring potentially unnecessary litigation expenses. WHEREAS, Scheduling Conference Order (Doc. 327 and 329) set the following schedule for the first phase (liability) of the bifurcated proceedings: Expert Disclosure: Supplemental Expert Disclosure: Nonexpert Discovery Cutoff: Expert Discovery Cutoff: Pretrial Motion Filing Deadline: Pretrial Motion Hearing Deadline: Pretrial Conf.: Court Trial: (4-6 weeks est.) June 30, 2010 July 29, 2010 June 1, 2010 September 15, 2010 October 25, 2010 December 1, 2010 Date: December 15, 2010 Date: February 1, 2011 WHEREAS, the Parties have agreed to request the dates established in the Scheduling Order be extended for four (4) months. NOW THEREFORE, the Parties stipulate that the dates established in the Scheduling Conference Order for the first phase (liability) of the bifurcated proceedings be continued as follows: Joint Stipulation and Request to Continue Trial Schedule Case No. 07-CV-00491 LJO GSA Page 2 288068.2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Expert Disclosure: Supplemental Expert Disclosure: Nonexpert Discovery Cutoff: Expert Discovery Cutoff: Pretrial Motion Filing Deadline: Pretrial Motion Hearing Deadline: Pretrial Conf.: Court Trial: (4-6 weeks est.) Dated: March 11, 2010 October 27, 2010 December 2, 2010 September 28, 2010 January 19, 2011 February 28, 2011 April 6, 2011 Date: April 20, 2011 Date: June 7, 2011 ROGERS JOSEPH O'DONNELL By: /s/ Robert C. Goodman Robert C. Goodman Attorneys for Defendants STEPHEN C. LYON, SUZANNE S. LYON, RUSSELL R. TONDA and DIANE M. TONDA Dated: March 10, 2010 UNITED STATES DEPARTMENT OF JUSTICE By: /s/ Elise Feldman Elise Feldman Attorneys for Plaintiff UNITED STATES OF AMERICA Dated: March 8, 2010 DAVIDOVITZ & BENNETT LLP By: /s/ Charles Bolcom Charles Bolcom Attorneys for Third Party Defendant CITY OF MODESTO Dated: March 9, 2010 SCHUERING ZIMMERMAN & DOYLE, LLP By: Joint Stipulation and Request to Continue Trial Schedule Case No. 07-CV-00491 LJO GSA /s/ Keith D. Chidlaw Keith D. Chidlaw Page 3 288068.2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Joint Stipulation and Request to Continue Trial Schedule Case No. 07-CV-00491 LJO GSA Attorneys for Defendant RAJENDRA JAMNADAS, personal representative of the ESTATE OF SHANTILAL JAMNADAS Dated: March 5, 2010 MARK J. NG By: /s/ Mark J. Ng Mark J. Ng In Pro Per for Third Party Defendant TECHNICHEM, INC. IT IS SO ORDERED. The dates established in the Scheduling Conference Order for the first phase (liability) of the bifurcated proceedings are CONTINUED for four (4) months as indicated below: Expert Disclosure: Supplemental Expert Disclosure: Nonexpert Discovery Cutoff: Expert Discovery Cutoff: Pretrial Motion Filing Deadline: Pretrial Motion Hearing Deadline: Pretrial Conf.: Court Trial (4-6 weeks est.) October 27, 2010 December 2, 2010 September 28, 2010 January 19, 2011 February 28, 2011 April 6, 2011 Date: April 20, 2011 at 8:30a.m. Date: June 7, 2011 at 8:30a.m. Dated: _March 12, 2010____ /s/ Lawrence J. O'Neill HONORABLE LAWRENCE J. O'NEILL UNITED STATES DISTRICT JUDGE Page 4 288068.2

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