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/ [email protected]/002687 Richard H. Herold/ [email protected] /018396 Linnette R. Flanigan/ [email protected]/019771 Attorneys for Defendants/Counterclaimants UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA 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. (Final Request for Extension) 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. Counterclaimants, vs. BROWN & BAIN, P.A., an Arizona professional association, Counterdefendants.
Case 2:03-cv-00923-ROS Document 119 Filed 09/30/2005 Page 1 of 4 Case No. CIV-03-0923-PHX-ROS

STIPULATION TO EXTEND O'QUINN'S TIME TO RESPOND TO BROWN & BAIN'S JULY 28, 2005 MOTION FOR PARTIAL SUMMARY JUDGMENT AND MOTION TO STRIKE DFENDANT/ COUNTERCLAIMANTS' EXPERT REPORTS FROM JEFFREY C. HAZARD, JR. AND JOHN TOOTHMAN UP THROUGH AND INCLUDING OCTOBER 7, 2005

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1 WHEREAS, O'Quinn's current deadline to respond to Brown & Bain's July 28, 2005 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 paragraph (C) of the Second Amended Rule 16 Scheduling Order; 22 23 24 25
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Motion for Partial Summary Judgment ("Motion for Summary Judgment") and Motion to Strike Defendant/Counterclaimants' Expert Reports From Geoffrey C. Hazard, Jr. and John Toothman ("Motion to Strike") is by stipulation September 30, 2005; WHEREAS, the parties seek to defer any further work of experts at this time pursuant to the deadlines under the Second Amended Rule 16 Scheduling Order, whether 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 October 7,

2005 to respond to the pending Motion to Strike and Motion for Summary Judgment; 2. Plaintiff shall serve any and all expert reports and/or disclosures as to all

persons who may be used at trial to present evidence under Federal Rules of Evidence 701705 not later than 45 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

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, with Plaintiff's experts to be deposed first; 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;

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6.

A joint proposed pretrial order and all motions in limine shall be lodged and

filed 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 this 30th day of September 2005.

By /s/ Richard H. Herold (with express permission) Peter D. Baird Richard A. Halloran Cory A. Talbot Lewis and Roca LLP 40 North Central Ave. Phoenix, AZ 85004-4429 Attorneys for Plaintiff Brown & Bain, P.A. [email protected] [email protected] [email protected]

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BEUS GILBERT PLLC By /s/ Richard H. Herold Leo R. Beus Richard H. Herold Linnette R. Flanigan 4800 North Scottsdale Road Suite 6000 Scottsdale, AZ 85251 Attorneys for Defendants Original filed electronically with the Clerk of the U.S. District Court this 30th day of September, 2005. Copy hand-delivered this 30th day of September, 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/ Richard H. Herold _____

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