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Case No. CIV.S-04-1005 

WBS DAD 

JOINT APPLICATION FOR MODIFICATION OF STATUS (PRETRIAL 

SCHEDULING) ORDER; ORDER 

 

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S H

A

R T S I S , F

R I E S E &

G I N S B U

R

G L L P

EIGHTEENTH FLOOR

ONE MARITIME PLAZA

SAN FRANCISCO, CALIFORNIA 94111

SHARTSIS, FRIESE & GINSBURG LLP

FRANK A. CIALONE (Bar #172816) 

ERICK C. HOWARD (Bar #214107) 

One Maritime Plaza, 18th Floor 

San Francisco, California 94111 

Telephone: (415) 421-6500 

Facsimile: (415) 421-2922 

Attorneys for Defendants 

MINEGAR ENVIRONMENTAL SYSTEMS, 

INC., and PETER J. MINEGAR 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF CALIFORNIA 

CONCRETE WASHOUT SYSTEMS, INC., a 

California corporation, 

Plaintiff, 

v. 

MINEGAR ENVIRONMENTAL SYSTEMS, 

INC., a California corporation, PETER J. 

MINEGAR, and Does 1-10, 

Defendants. 

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No. CIV.S-04-1005 WBS/DAD 

JOINT APPLICATION FOR 

MODIFICATION OF STATUS 

(PRETRIAL SCHEDULING) ORDER; 

ORDER 

Judge: Hon. William B. Shubb 

Defendants Minegar Environmental Systems, Inc. and Peter J. Minegar (collectively 

“Minegar”) and Plaintiff Concrete Washout Systems, Inc. (“CWS”) submit this joint application to 

modify the Court’s status (pretrial scheduling) order filed March 7, 2005 (the “March 7 Scheduling 

Order”). 

1. Originally the Court ordered that all discovery, with exceptions for experts, was to 

be completed by April 1, 2005. 

2. On March 7, 2005 the Court modified the original scheduling order to allow the 

parties to depose certain witnesses who could not be deposed (and any issues related to such 

depositions resolved) by the original April 1, 2005 fact discovery cut-off. Accordingly, the March 

7 Scheduling Order continued the fact discovery cut-off date to April 29, 2005. 

Case 2:04-cv-01005-WBS-DAD Document 39 Filed 04/18/05 Page 1 of 3
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Case No. CIV.S-04-1005 

WBS DAD 

JOINT APPLICATION FOR MODIFICATION OF STATUS (PRETRIAL 

SCHEDULING) ORDER; ORDER 

 

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R T S I S , F

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G L L P

EIGHTEENTH FLOOR

ONE MARITIME PLAZA

SAN FRANCISCO, CALIFORNIA 94111

3. On March 28 and 29, 2005, CWS took the depositions of Minegar’s witnesses, 

defendant Peter Minegar, and third-party witness Robert Dykhouse. At those depositions, 

Minegar’s attorney instructed the witnesses not to answer certain questions on the grounds that the 

questions either sought confidential trade secret information not calculated to lead to the discovery 

of admissible evidence or sought the substance of privileged attorney-client communications. 

4. On March 30, 2005, CWS filed a motion to compel answers to the deposition 

questions that the witnesses had refused to answer on their attorneys’ instructions. CWS noticed 

the motion for April 22, 2005. Pursuant to Eastern District Rule 37-251(b), the parties’ Joint 

Statement in connection with the motion is due on April 19, 2005. 

5. The parties had anticipated that they would receive the transcripts from the 

depositions in sufficient time for them to prepare the Joint Statement in connection with the 

motion. However, the transcripts have not yet been provided to either party and the parties have 

not been able to ascertain when the transcripts will be ready. Because the motion to compel 

concerns deposition testimony, the transcripts are vital to the Magistrate’s consideration of the 

motion. 

6. Even assuming that the parties receive the transcripts today (which is highly 

unlikely), they will only have days to prepare the Joint Statement. CWS’ counsel has represented 

that the earliest it could prepare its portion of the Joint Statement is Friday, April 15, 2005. Counsel 

for Minegar is, however, scheduled to be out of town over the weekend and on Monday, April 18, 

2005. Consequently, Minegar will not have adequate time to prepare its portion of the Joint 

Statement if the current hearing schedule is left intact. 

7. The parties have agreed that, with the Court’s permission, they can continue the 

hearing on the motion to May 6, 2005, allow the Magistrate to consider questions not answered by 

Mr. Minegar and Mr. Dykhouse, and complete any discovery to which CWS may entitled after that 

hearing, if any, no later than May 13, 2005. 

8. Modification of the fact discovery deadline to May 13, 2005, will not affect any 

other dates set forth in the original scheduling order, including the date for trial. The parties 

completed all other fact discovery on April 1, 2005. 

Case 2:04-cv-01005-WBS-DAD Document 39 Filed 04/18/05 Page 2 of 3
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Case No. CIV.S-04-1005 

WBS DAD 

JOINT APPLICATION FOR MODIFICATION OF STATUS (PRETRIAL 

SCHEDULING) ORDER; ORDER 

 

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R T S I S , F

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G L L P

EIGHTEENTH FLOOR

ONE MARITIME PLAZA

SAN FRANCISCO, CALIFORNIA 94111

9. Consequently, the parties respectfully request that the Court modify the March 7 

Scheduling Order to continue the fact discovery deadline to May 13, 2005 solely for the purpose of 

allowing the parties to resolve the issues related to the motion to compel at a hearing on May 6, 

2005, and to comply with any discovery orders related thereto. 

DATED: April 15, 2005 SHARTSIS, FRIESE & GINSBURG LLP 

By /s/ Erick C. Howard 

ERICK C. HOWARD 

Attorneys for Defendants 

MINEGAR ENVIRONMENTAL SYSTEMS, INC. 

and PETER J. MINEGAR 

DATED: April 12, 2005 BOUTIN DENTINO GIBSON GIUSTO HODELL 

INC. 

/s/ Chris Gibson 

CHRIS GIBSON 

Attorneys for Plaintiff 

CONCRETE WASHOUT SYSTEMS, INC. 

IT IS SO ORDERED. 

Dated: April 14, 2005 

ECH\6773\001\1304082.02 

Case 2:04-cv-01005-WBS-DAD Document 39 Filed 04/18/05 Page 3 of 3