COVEY-HINZO v. ASBESTOS DEFENDANTS

Case No. C 15-00241 WHA.

PATRICIA J. COVEY-HINZO, individually and as successor in interest to GILBERT E. HINZO, Deceased, ALEX HINZO, an individual, and FELICIA WATSON, an individual, Plaintiffs, v. ASBESTOS DEFENDANTS et al., Defendants.

United States District Court, N.D. California, San Francisco Division.

November 30, 2015.


Attorney(s) appearing for the Case

MICHELE C. BARNES , PETER E. SOSKIN , K&L GATES LLP, San Francisco, CA, Attorneys for Defendant CRANE CO.

K&L Gates LLP, Peter E. Soskin , Attorneys for Defendant Crane Co.

HUGO PARKER LLP Lisa Rickenbacher , Attorneys for Defendant General Dynamics Corporation.

Armstrong & Associates, LLP William Armstrong , Attorneys for Defendant Crown Cork & Seal Company, Inc. and Crown Holdings, Inc.

Nixon & Peabody LLP Lauren Michals , Attorneys for Defendant Harsco Corporation.

Leader & Berkon LLP Bobbie Rae Bailey , Attorneys for Defendant IMO Industries, Inc.

Prindle, Amaro, Goetz, Hillyard, Barnes & Reinholz LLP Carla Lynn Crochet , Attorneys for Defendants Ingersoll Rand Company and Syd Carpenter, Marine Contractor, Inc.

Morgan Lewis & Bockius LLP Joseph Duffy , Attorneys for Defendant ITT Corporation.

McKenna, Long & Aldridge Lisa Oberg , Attorneys for Defendant Metalclad Insulation LLC.

Steptoe and Johnson LLP Lisa Marie Dowling , Attorneys for Defendant Metropolitan Life Insurance Company.

The Davis Law Firm Whitney Davis , Attorneys for Defendant Viad Corporation.

Tucker Ellis LLP James Cunningham , Attorneys for Defendant Warren Pumps, LLC.

Pond North LLP Frank Pond , Attorneys for Defendants CBS Corporation, a Delaware corporation f/k/a/Viacom, Inc., successor by merger to CBS Corporation, a Pennsylvania corporation, f/k/a Westinghouse Electric Corporation; and FMC Corporation on behalf of its former Northern Pump business.

Heard Robins Cloud LLP Sara Morton , Attorneys for Plaintiffs.


AMENDED JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE EXPERT REPORT DEADLINES

WHEREAS, the Court's March 27, 2015 Scheduling Order provides for a briefing schedule on expert reports as follows:

1. The last date for designation of expert testimony and disclosure of full expert reports under FRCP 26(a)(2) as to any issue on which a party has the burden of proof ("opening reports") shall be DECEMBER 18,2015.

2. Within FOURTEEN CALENDAR DAYS of said deadline, all other parties must disclose any expert reports on the same issue ("opposition reports")

3. Within SEVEN CALENDAR DAYS thereafter, the party with the burden of proof must disclose any reply reports rebutting specific material in opposition reports ("rebuttal reports").

4. The cutoff for all expert discovery shall be FOURTEEN CALENDAR DAYS after the deadline for reply reports.

WHEREAS, pursuant to the Court's March 27,2015 scheduling order, non-expert discovery closes on December 18, 2015;

WHEREAS, Plaintiffs first identified the only known witness with information about Decedent's work history on November 12, 2015;

WHEREAS, the deposition of this witness has been noticed for December 8, 2015;

WHEREAS, the parties have agreed that the late timing of the disclosures of the only potential product identification witness will make it impracticable for the parties to adhere to the Court's expert report deadlines.

WHEREAS on November 30, 2015 this Court entered an Order based on a Stipulation that incorrectly called for the expert report deadlines to be continued to January 7, 2015 rather than 2016.

WHEREAS with the exception of the corrected date for the expert report deadlines, this Stipulation and Proposed Order is substantively the same as that filed with this Court on November 25,2015.

IT IS HEREBY STIPULATED AND AGREED that the deadline for designation of expert testimony and disclosure of full expert reports under FRCP 26(a)(2) as to any issue on which a party has the burden of proof ("opening reports") shall be continued to January 7, 2016. All other deadlines in the Court's scheduling order shall remain in place.

PURSUANT TO STIPULATION, the deadline for designation of expert testimony and disclosure of full expert reports under FRCP 26(a)(2) as to any issue on which a party has the burden of proof ("opening reports") shall be continued to January 7, 2016. All other deadlines in this Court's scheduling order shall remain in place.

IT IS SO ORDERED.


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