Free Stipulation - District Court of Arizona - Arizona

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BEUS GILBERT PLLC
ATTORNEYS AT LAW

4800 NORTH SCOTTSDALE ROAD SUITE 6000 SCOTTSDALE, ARIZONA 85251 TELEPHONE (480) 429-3000

Leo R. Beus/AZ Bar No. 002687 Richard H. Herold/AZ Bar No.018396 Linnette R. Flanigan/ AZ Bar No. 019771 Attorneys for Defendants UNITED STATES DISTRICT COURT

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Case 2:03-cv-00923-ROS Document 115 Filed 08/12/2005
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BROWN & BAIN, P.A., an Arizona professional association, Plaintiff, vs. JOHN M. O'QUINN, an individual, JOHN M. O'QUINN & ASSOCIATES L.L.P., a Texas limited liability partnership; JOHN M. O'QUINN, P.C. a Texas professional corporation; JOHN M. O'QUINN LAW FIRM, PLLC, a Texas limited liability company; O'QUINN, KERENSKY & McANINCH; and JANE DOE O'QUINN, Defendants.

Case No. CIV-03-0923-PHX-ROS

STIPULATION RELATING TO SETTLEMENT DISCUSSIONS AND TO DEFER FURTHER WORK BY AND RELATING TO EXPERTS PENDING RULINGS ON BROWN & BAIN'S JULY 28, 2005 MOTION FOR PARTIAL SUMMARY JUDGMENT AND MOTION TO STRIKE DEFENDANT/COUNTERCLAIMANTS' EXPERT REPORTS FROM JEFFREY C. HAZARD, JR. AND JOHN TOOTHMAN

WHEREAS, the parties completed a mediation on August 3, 2005; WHEREAS, O'Quinn's current deadline to respond to Brown & Bain's July 28, 2005 Motion for Partial Summary Judgment ("Motion for Summary Judgment") and Motion to

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Strike Defendant/Counterclaimants' Expert Reports From Geoffrey C. Hazard, Jr. and John Toothman ("Motion to Strike") is by stipulation and court rules August 29, 2005; WHEREAS, the parties wish to further explore the possibility of settlement before doing further work on the motions; WHEREAS, the parties also seek to defer any further work of experts at this time pursuant to the deadlines under the Second Amended Rule 16 Scheduling Order, whether

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Case 2:03-cv-00923-ROS Document 115

relating to initial disclosure of experts and their reports or expert depositions; WHEREAS, the existing deadline for completion of expert depositions is September 13, 2005; WHEREAS, the parties seek to extend the August 29th and September 13th deadlines for response to the pending motions and for completion of expert discovery; NOW, THEREFORE, it is stipulated and agreed as follows: 1. Defendants/Counterclaimants shall have up through and including September 30, 2005 to respond to the pending Motion to Strike and Motion for Summary Judgment;

who may be used at trial to present evidence under Federal Rules of Evidence 702-705 not later than 60 days after the Court's rulings on the pending Motion to Strike and Motion for Summary Judgment, in full compliance with all requirements set forth in paragraph (C) of the Second Amended Rule 16 Scheduling Order; 3. Defendants/Counterclaimants shall have 30 days from the receipt of such reports to serve rebuttal reports;

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4. The depositions of Plaintiff's and Defendants' experts shall be completed within 30 days of the service of such rebuttal reports by Defendants/Counterclaimants; 5. The parties shall file any and all supplemental expert discovery, including material changes in expert witness opinions, within 30 days of the completion of the expert depositions; 6. A joint proposed pretrial order and all motions in limine shall be lodged and filed

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Case 2:03-cv-00923-ROS Document 115

within 45 days of the parties' final supplementation of all expert discovery, including material changes in expert witness opinions; and 7. The parties further expressly agree and propose that all of the terms, provisions and conditions of the Second Amended Rule 16 Schedule Order of February 22, 2005 shall remain in effect except to the extent superseded by the deadlines and requirements set forth herein. DATED August 12, 2005. LEWIS AND ROCA

By

s/ Richard A. Halloran Peter D. Baird Richard A. Halloran Cory A. Talbot Attorneys for Plaintiff Brown & Bain, P.A.

BEUS GILBERT PLLC

By

s/ Richard H. Herold Leo R. Beus Richard H. Herold Linnette R. Flanigan Attorneys for Defendants

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Case 2:03-cv-00923-ROS Document 115

Original filed electronically with the Clerk of the U.S. District Court this 12th day of August, 2005. Copy hand-delivered this 15th day of August, 2005 to: Honorable Roslyn O. Silver U.S. District Court of Arizona 401 West Washington Street Suite 624 SPC 59 Phoenix, AZ 85003-0001.

s/Diana Clauser

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