7/11 Materials, Inc., et al v. County of Tehama et al
Filing
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STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 6/28/2011 51 ORDERING that Dispositive motions ddl 7/15/11; All non-expert discovery ddl 8/15/11; Expert witness disclosures ddl 9/26/11. All other dates and/or deadlines contained in the December 22, 2009 Amended Pretrial Scheduling Order shall remain in effect, including the December 1, 2011 Final Pretrial Conference and the January 23, 2012 trial date.(Duong, D)
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1 J. Scott Smith (SBN: 151163)
MEYERS, NAVE, RIBACK, SILVER & WILSON
2 555 Capitol Mall, Suite 1200
Sacramento, California 95814
3 Telephone: (916) 556-1531
Facsimile: (916) 556-1516
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Attorneys for
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Defendants County of Tehama et al.
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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11 7/11 MATERIALS, INC., a California
Corporation and BASIC RESOURCES, INC.,
12 a California Corporation,
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Plaintiffs,
CASE NO. 2-08-CV-01373-MCE-EFB
STIPULATION TO EXTEND
DISCOVERY DEADLINES IN PRETRIAL SCHEDULING ORDER; ORDER
THEREON
v.
15 COUNTY OF TEHAMA, TEHAMA
COUNTY PLANNING COMMISSION,
16 TEHAMA COUNTY BOARD OF
SUPERVISORS, JOHN STOUFER, et al.,
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Defendants.
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Plaintiff, 7-11 Materials, Inc. and Basic Resources, Inc. here (collectively “Plaintiffs”) by
20 and through their attorneys, defendants County of Tehama, Tehama County Planning
21 Commission, Tehama County Board of Supervisors, John Stoufer and George Robson
22 (collectively “Defendants”) by and through their attorneys hereby stipulate to seek court approval
23 for the following:
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STIPULATION
In the last stipulation entered into between the parties, the attorney for Plaintiffs, Stewart
26 C. Altemus, had been diagnosed with tonsil cancer and had begun intensive chemotherapy and
27 radiation treatments. Mr. Altemus’ physician had advised him that he would be unable to work
28 through at least mid-June of 2011 as a result of his illness and chemotherapy and radiation
2-08-CV-01373-MCE-EFB
Stipulation to Extend Discovery Deadlines In Pre-Trial Scheduling Order
1 treatments. As a result, this court approved a stipulated extension of the deadlines contained
2 within the scheduling order such that all non-expert discovery was to be completed by July 15,
3 2011, expert witness disclosures to be completed by August 26, 2011, dispositive motion to be
4 filed no later than July 2, 2011.
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Since the previous stipulation, Mr. Altemus’ recovery has not gone as quickly as expected.
6 Mr. Altemus has only just now been able to return to work on a limited part-time and limited
7 basis. However, Mr. Altemus feels that over the next couple of weeks, he will be able take on an
8 increasing work load. Because of the fact that dispositive motions are due this Friday, and there
9 remain only two weeks left to complete non-expert witness discovery, which they have been
10 unable to completed in light of Mr. Altemus’ illness, the parties have agreed to a brief additional
11 extension of time to accommodate Mr. Altemus’ recovery.
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Therefore, the parties request that the scheduling order be modified as follows:
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1. Dispositive motions to be filed no later than July 15, 2011.
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2. All non-expert discovery to be completed by August 15, 2011.
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3. Expert witness disclosures to be completed by September 26, 2011.
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DATED: June 28, 2011
MEYERS, NAVE, RIBACK, SILVER & WILSON
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By:
/s/ J. Scott Smith
J. Scott Smith
Attorneys for Defendants
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_/s/ Stewart C. Altemus__
23 Stewart C. Altemus
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2-08-CV-01373-MCE-EFB
2
Stipulation to Extend Discovery Deadlines In Pre-Trial Scheduling Order
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ORDER
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For good cause and pursuant to the above Stipulation of the parties,
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IT IS HEREBY ORDERED as follows:
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1. Dispositive motions to be filed no later than July 15, 2011.
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2. All non-expert discovery to be completed by August 15, 2011.
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3. Expert witness disclosures to be completed by September 26, 2011.
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8 All other dates and/or deadlines contained in the December 22, 2009 Amended Pretrial Scheduling
9 Order shall remain in effect, including the December 1, 2011 Final Pretrial Conference and the
10 January 23, 2012 trial date.
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12 DATE: June 28, 2011
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______________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE
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2-08-CV-01373-MCE-EFB
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Stipulation to Extend Discovery Deadlines In Pre-Trial Scheduling Order
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