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WILKE,FLEURY,HOFFELT,

GOULD &BIRNEY,LLP 

ATTORNEYS AT LAW

SAC RAMENTO AMENDED STATUS (PRETRIAL SCHEDULING) ORDER 

WILKE, FLEURY, HOFFELT, GOULD & BIRNEY, LLP 

THOMAS G. REDMON (SBN 047090) 

tredmon@wilkefleury.com 

DANIEL L. BAXTER (SBN 203862) 

dbaxter@wilkefleury.com 

400 Capitol Mall, Twenty-Second Floor 

Sacramento, CA 95814 

Telephone: (916) 441-2430 

Facsimile: (916) 442-6664 

Attorneys for Plaintiff 

WEST SALEM MACHINERY CO., INC. 

UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF CALIFORNIA 

Nevada Railroad Materials, LLC, a 

California limited liability company; 

Nevada Railroad Materials, Inc., a Nevada 

corporation (herein jointly known as 

"NRM"), 

Plaintiffs, 

vs. 

West Salem Machinery Co., Inc. (herein 

known as "WSM"), 

Defendant. 

No. CIV. S-04-1930 FCD DAD 

AMENDED STIPULATION FOR 

ISSUANCE OF AMENDED STATUS 

(PRETRIAL SCHEDULING) ORDER 

Complaint Filed: September 16, 2004 

Trial Date: Not Yet Set 

STIPULATION

FOR ISSUANCE OF AMENDED STATUS (PRETRIAL SCHEDULING) ORDER

Plaintiffs Nevada Railroad Materials, LLC, a California limited liability company; Nevada 

Railroad Materials, Inc, a Nevada corporation, (herein NRM ) and Defendant West Salem 

Machinery, Inc. (herein WSM ) stipulate to the issuance of the Amended Status (Pretrial 

Scheduling ) Order, a copy of which is attached hereto as Exhibit A . 

Good cause exists for amendment of the Status (Pretrial Scheduling) Order in that: 

Case 2:04-cv-01930-FCD-DAD Document 22 Filed 10/28/05 Page 1 of 3
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WILKE,FLEURY,HOFFELT,

GOULD &BIRNEY,LLP 

ATTORNEYS AT LAW

SAC RAMENTO AMENDED STATUS (PRETRIAL SCHEDULING) ORDER 

(1) Plaintiffs and Defendant are attempting to informally settle or narrow the scope of 

issues in this case by arranging for an inspection of the hogger, which is the subject of this action 

and a supervised trial-run of the machinery; 

(2) Plaintiffs and Defendant could not arrange for the inspection and trial-run until 

mid-November through early December; 

(3) The inspection and trial-run referenced above may result in the collection of 

information and data significant to both the settlement efforts of the parties and the opinions and 

reports of experts; 

(4) Deferral of the dates for disclosure of experts and service of expert reports may 

result in substantial savings to the parties in expert witness fees; and 

(5) Except as amended herein, the Status (Pretrial Scheduling) Order issued in this 

matter on March 30, 2005, will remain in full force and effect. 

DATED: October 27, 2005 WILKE, FLEURY, HOFFELT, 

GOULD & BIRNEY, LLP 

By: /s/ 

THOMAS G. REDMON 

Attorneys for Defendant 

WEST SALEM MACHINERY CO., INC. 

DATED: October 27, 2005 LAW OFFICES OF DALE W. MAHON 

By: /s/_____________________________ 

DALE W. MAHON 

Attorney for Plaintiffs 

NEVADA RAILROAD MATERIALS, LLC 

and 

NEVADA RAILROAD MATERIALS, INC.

Case 2:04-cv-01930-FCD-DAD Document 22 Filed 10/28/05 Page 2 of 3
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WILKE,FLEURY,HOFFELT,

GOULD &BIRNEY,LLP 

ATTORNEYS AT LAW

SAC RAMENTO AMENDED STATUS (PRETRIAL SCHEDULING) ORDER 

AMENDED STATUS (PRETRIAL SCHEDULING) ORDER

This matter having come before the Court by Joint Status Report filed March 21, 2005; 

the Court having issued a Status (Pretrial Scheduling) Order on March 30, 2005; good cause 

appearing therefor and pursuant to stipulation of all parties, the Status (Pretrial Scheduling) Order 

previously issued is amended as follows: 

1. PARAGRAPH V. DISCLOSURE OF EXPERT WITNESSES is hereby amended 

to provide: 

All counsel are to designate in writing, file with the court, and serve upon all other parties 

the name, address, and area of expertise of each expert that they propose to tender at trial not later 

than December 15, 2005. The designation shall be accompanied by a written report prepared and 

signed by the witness. The report shall comply with Fed.R.Civ.P. 26(a)(2)(B). By January 15, 

2006, any party who previously disclosed expert witnesses may submit a supplemental list of 

expert witnesses who will express an opinion on a subject covered by an expert designated by an 

adverse party, if the party supplementing an expert witness designation has not previously 

retained an expert to testify on that subject. The supplemental designation shall be accompanied 

by a written report which shall also comply wit the conditions as stated above. 

2. Except as amended herein, the Status (Pretrial Scheduling) Order issued in this 

matter on March 30, 2005, shall remain in full force and effect. 

DATED: October 28, 2005 

 /s/ Frank C. Damrell Jr. 

 FRANK C. DAMRELL, JR. 

 UNITED STATES DISTRICT JUDGE 

186821.1 

Case 2:04-cv-01930-FCD-DAD Document 22 Filed 10/28/05 Page 3 of 3