Newhouse v. The Valspar Corporation et al

Filing 8

STIPULATION and ORDER 7 MODIFYING THE PRETRIAL SCHEDULING, signed by Judge Garland E. Burrell, Jr., on 6/17/11. The court's 2/21/11 Scheduling Conference Order is modified as follows: Non-Expert Discovery Cut Off: February 16, 2012, Disclosure of Expert Witnesses: May 4, 2012, Completion of Expert Witness Discovery: May 25, 2012, Dispositive Motion Hearing Date: April 2, 2012, Final Pre-Trial Conference Date: June 18, 2012, and Trial: September 25, 2012. (Kastilahn, A)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 DENNIS M. BROWN, Bar No. 126575 ERICA H. KELLEY, Bar No. 221702 ISELA PEREZ, Bar No. 267859 LITTLER MENDELSON A Professional Corporation 50 W. San Fernando, 15th Floor San Jose, CA 95113.2303 Telephone: 408.998.4150 Facsimile: 408.288.5686 Attorneys for Defendants THE VALSPAR CORPORATION AND JENNIFER PIERRE LEO F. DONAHUE, Bar No. 114484 LEO F. DONAHUE, INC. KEVIN W. HARRIS, Bar No. 133084 LAW OFFICES OF KEVIN W. HARRIS 11344 Coloma Road., Suite 160 Gold River, California 95670 Telephone: 916.859.5999 Facsimile: 916.859.5984 donahue@lfdlaw.net Attorneys for Plaintiff FRANK NEWHOUSE 16 UNITED STATES DISTRICT COURT 17 EASTERN DISTRICT OF CALIFORNIA 18 FRANK NEWHOUSE, 19 20 21 22 23 24 Plaintiff, v. THE VALSPAR CORPORATION, a Delaware Corporation; JENNIFER PIERRE; PAT PETERSON; and DOES 1 through 100, inclusive, Case No. 2:10-CV-02617-GEB-EFB STIPULATION AND [PROPOSED] ORDER MODIFYING THE PRETRIAL SCHEDULING Trial Date: Complaint Filed: Defendant. 25 26 27 28 LITTLE R MEND ELSO N A PROF E S SION AL C ORP OR A TION 50 W. San Fernando, 15th Floor San Jose, CA 95113.2303 408.998.4150 CASE NO. 2:10-CV-02617-GEB-EFB STIPULATION AND [PROPOSED] ORDER MODIFYING PRETRIAL SCHEDULE 1 The Valspar Corporation (“Defendant”) and Frank Newhouse (“Plaintiff”) 2 (collectively referred to as “the Parties”), by and through their respective counsel of record for good 3 cause do hereby stipulate and respectfully request that this Court issue an Order amending the 4 Pretrial Scheduling Order issued on February 21, 2011 for the reasons set forth below. 5 1. The Parties submitted a joint scheduling report on February 14, 2011 requesting that 6 the expert disclosure and discovery cut-off dates be set after the close of fact discovery, currently set 7 for February 16, 2012. On February 21, 2011, the Court set the expert disclosure deadline for 8 September 16, 2011. 9 10 2. The Parties are in the process of exchanging written discovery and intend to schedule depositions shortly. 11 3. The Parties have agreed to attend mediation after the initial round of discovery and 12 depositions and expect to conclude mediation by the Fall of 2011. The Parties seek to avoid the 13 expense of expert witnesses where one or more of the parties will file dispositive motions. Thus, the 14 expense of retaining expert witnesses before mediation and dispositive motions would be an 15 unnecessary cost that may be avoided if the pretrial schedule is modified. 16 17 4. Counsel for Plaintiff is currently considering whether they will continue representation of Plaintiff in this matter and may require additional time to make a decision. 18 Accordingly, the Parties hereby stipulate and move the Court jointly for an order 19 amending the Pretrial Scheduling Order as follows: 20 (1) 21 22 Proposed Non-Expert Discovery Cut Off: February 16, 2012 (2) 23 24 27 Previous Disclosure of Expert Witnesses: September 16, 2011 Proposed Disclosure of Expert Witnesses: May 4, 2012 (3) 25 26 Previous Discovery Cut Off: February 16, 2012 Previous Completion of Expert Witness Discovery: October 17, 2011 Proposed Completion of Expert Witness Discovery: May 25, 2012 (4) Previous Dispositive Motion Hearing Date: April 16, 2012 Proposed Dispositive Motion Hearing Date: April 2, 2012 28 LITTLE R MEND ELSO N A PROF E S SION AL C ORP OR A TION 50 W. San Fernando, 15th Floor San Jose, CA 95113.2303 408.998.4150 CASE NO. 2:10-CV-02617-GEB-EFB 2. STIPULATION AND [PROPOSED] ORDER MODIFYING PRETRIAL SCHEDULE 1 2 3 (5) 4 5 6 Final Pre-Trial Conference Date: June 18, 2012 (no change) (6) Trial: September 25, 2012 (no change) 7 8 Dated: June ___, 2011 9 10 DENNIS M. BROWN ERICA H. KELLEY ISELA PEREZ LITTLER MENDELSON A Professional Corporation Attorneys for Defendant THE VALSPAR CORPORATION 11 12 13 14 15 Dated: June ___, 2011 16 _____________________________________ LEO F. DONAHUE LEO F. DONAHUE, INC. KEVIN W. HARRIS LAW OFFICES OF KEVIN W. HARRIS Attorneys for Plaintiff FRANK NEWHOUSE 17 18 19 20 21 22 23 24 25 26 27 28 LITTLE R MEND ELSO N A PROF E S SION AL C ORP OR A TION 50 W. San Fernando, 15th Floor San Jose, CA 95113.2303 408.998.4150 CASE NO. 2:10-CV-02617-GEB-EFB 3. STIPULATION AND [PROPOSED] ORDER MODIFYING PRETRIAL SCHEDULE 1 ORDER 2 This matter having come before the Court upon the written Stipulation of the Parties, 3 a copy of which is attached hereto, it is hereby ordered that the Court’s Scheduling Conference 4 Order, entered into on February 21, 2011, be modified as follows: 5 (1) Non-Expert Discovery Cut Off: February 16, 2012 6 (2) Disclosure of Expert Witnesses: May 4, 2012 7 (3) Completion of Expert Witness Discovery: May 25, 2012 8 (4) Dispositive Motion Hearing Date: April 2, 2012 9 (5) Final Pre-Trial Conference Date: June 18, 2012 10 (6) Trial: September 25, 2012 11 IT IS SO ORDERED. 12 13 DATED: June 17, 2011 14 GARLAND E. BURRELL, JR. United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LITTLE R MEND ELSO N A PROF E S SION AL C ORP OR A TION 50 W. San Fernando, 15th Floor San Jose, CA 95113.2303 408.998.4150 CASE NO. 2:10-CV-02617-GEB-EFB 4. STIPULATION AND [PROPOSED] ORDER MODIFYING PRETRIAL SCHEDULE

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