AtPac, Inc v. Aptitude Solutions, Inc., et al

Filing 181

STIPULATION and ORDER signed by Judge William B. Shubb on 6/9/2011 ORDERING that the Federal Rule of Civil Procedure 26(a)(2) deadline is extended to 8/8/2011 and rebuttal reports, if any, are now due 8/29/2011. In light of the foregoing order, no status conference on 6/13/2011 is necessary. (Zignago, K.)

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1 2 3 4 5 6 7 8 9 10 PILLSBURY WINTHROP SHAW PITTMAN LLP JOHN S. POULOS #154689 MEREDITH E. NIKKEL #254818 2600 Capitol Avenue, Suite 300 Sacramento, CA 95816-5930 Telephone: (916) 329-4700 Facsimile: (916) 441-3583 Attorneys for Defendants APTITUDE SOLUTIONS, INC., COUNTY OF NEVADA and GREGORY DIAZ DOWNEY BRAND LLP WILLIAM R. WARNE #141280 MICHAEL J. THOMAS #172326 MICHAEL A. SCHAPS #247423 621 Capitol Mall, 18th Floor Sacramento, CA 95814-4731 Telephone: (916) 444-1000 Facsimile: (916) 444-2100 11 12 Attorneys for Plaintiff ATPAC, INC., a California Corporation 13 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 17 18 ATPAC, INC., 19 20 21 Plaintiff, vs. APTITUDE SOLUTIONS, INC., et al., 22 Defendants. ) ) ) ) ) ) ) ) ) ) ) 23 No. 2:10-CV-00294-WBS-JFM STIPULATION AND [PROPOSED] ORDER REQUESTING STATUS CONFERENCE SOLELY TO MODIFY EXPERT DISCLOSURE DEADLINES Date: Time: Room: Judge: June 13, 2011 2:00 p.m. 5, 14th Floor Hon. William B. Shubb 24 This Stipulation for an order requesting status conference solely to modify expert 25 disclosure deadlines (“Stipulation”) is entered into by and between Defendants APTITUDE 26 SOLUTIONS, INC., COUNTY OF NEVADA and GREGORY DIAZ (collectively, 27 “Defendants”), on the one hand, and Plaintiff ATPAC, INC.’s (“AtPac”), on the other hand 28 703048125v1 -1- STIPULATION AND [PROPOSED] ORDER REQUESTING STATUS CONFERENCE SOLELY TO MODIFY EXPERT DISCLOSURE DEADLINES No. 2:10-CV-00294-WBS-JFM 1 solely for the purpose of extending the expert disclosure deadlines. The parties are 2 sometimes individually referred to herein as “Party” and collectively referred to as “the 3 Parties.” 4 5 6 7 8 9 WHEREAS, on May 2 and May 5, 2011, Pillsbury Winthrop Shaw Pittman LLP substituted in as counsel for Defendants; and WHEREAS, the Parties have agreed to mediate this case on June 21, 2011 before the Honorable Read Ambler at JAMS; and WHEREAS, Defendants believe that expert discovery cannot be completed by the current July 1, 2011 deadline and request that the Federal Rule of Civil Procedure 26(a)(2) 10 initial report deadline be extended until August 8, 2011 and the date for Rule 26(a)(2) 11 rebuttal reports, if any, be extended to August 29, 2011; and 12 WHEREAS, Plaintiff does not oppose Defendants’ request: 13 NOW THEREFORE, the Parties agree that a status conference be held on June 13, 14 2011 at 2:00 p.m. solely for the purpose of extending the expert discovery deadlines as set 15 forth herein. If the Court is able to enter this order amending the scheduling order without 16 the need for an appearance, the parties request that the court please do so and advise the 17 parties that no appearance is necessary. 18 By signing below, counsel for each Party hereby agrees to be bound by the terms of 19 this Stipulation and acknowledges that he/she is authorized in his/her representative capacity 20 to bind his/her respective client(s) to the terms of this Stipulation. 21 Dated: June 8, 2011. 22 PILLSBURY WINTHROP SHAW PITTMAN LLP JOHN S. POULOS MEREDITH E. NIKKEL 2600 Capitol Avenue, Suite 300 Sacramento, CA 95816-5930 23 24 25 26 By /s/ John S. Poulos John S. Poulos Attorneys for Defendants APTITUDE SOLUTIONS, INC., COUNTY OF NEVADA and GREGORY DIAZ 27 28 703048125v1 -2- STIPULATION AND [PROPOSED] ORDER REQUESTING STATUS CONFERENCE SOLELY TO MODIFY EXPERT DISCLOSURE DEADLINES No. 2:10-CV-00294-WBS-JFM 1 2 Dated: June 8, 2011. DOWNEY BRAND LLP WILLIAM R. WARNE MICHAEL J. THOMAS MICHAEL A. SCHAPS 621 Capitol Mall, 18th Floor Sacramento, CA 95814-4731 3 4 5 6 7 By /s/ Michael J. Thomas Michael J. Thomas Attorneys for Plaintiff ATPAC, INC., a California Corporation 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 703048125v1 -3- STIPULATION AND [PROPOSED] ORDER REQUESTING STATUS CONFERENCE SOLELY TO MODIFY EXPERT DISCLOSURE DEADLINES No. 2:10-CV-00294-WBS-JFM ORDER 1 2 The Parties jointly requested a status conference, and Defendants requested that the 3 expert discovery deadline of July 1, 2011 be extended to August 8, 2011 for initial reports 4 pursuant to Federal Rule of Civil Procedure 26(a)(2) and that the deadline for rebuttal 5 reports be extended to August 29, 2011. Plaintiff does not oppose this request. 6 IT IS HEREBY ORDERED that: 7 1. 8 The Federal Rule of Civil Procedure 26(a)(2) deadline is extended to August 8, 2011; and 9 2. Rebuttal reports, if any, are now due August 29, 2011. 10 3. In light of the foregoing order, no status conference on June 13, 2011 is 11 12 necessary. Dated: June 9, 2011 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 703048125v1 -4- STIPULATION AND [PROPOSED] ORDER REQUESTING STATUS CONFERENCE SOLELY TO MODIFY EXPERT DISCLOSURE DEADLINES No. 2:10-CV-00294-WBS-JFM

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