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WILKE,FLEURY,HOFFELT,

GOULD &BIRNEY,LLP 

ATTORNEYS AT LAW

SAC RAMENTO STIPULATION FOR ISSUANCE OF SECOND AMENDED (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 

STIPULATION FOR ISSUANCE OF 

SECOND AMENDED STATUS 

(PRETRIAL SCHEDULING) ORDER 

Complaint Filed: September 16, 2004 

Trial Date: Not Yet Set 

STIPULATION 

FOR ISSUANCE OF SECOND 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 a Second Amended Status (Pretrial 

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

Good cause exists for a Second Amended Status (Pretrial Scheduling) Order in that: 

(1) NRM and WSM requested an Amended Status (Pretrial Scheduling) Order to 

permit the parties, either jointly or individually to arrange for and perform an extended trial run of 

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Case 2:04-cv-01930-FCD-DAD Document 24 Filed 12/15/05 Page 1 of 4
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WILKE,FLEURY,HOFFELT,

GOULD &BIRNEY,LLP 

ATTORNEYS AT LAW

SAC RAMENTO

the hogger and industrial wood chipping system, which is the subject of this action between midNovember through early December of this year;; 

(2) Because the hogger and wood chipping system are located outdoors as part of a 

railroad tie recycling plant most of which is unpaved dirt, the parties were unable to perform the 

trial run due to early rains and inability to perform the preparation work for the test run; 

(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 witnesses and experts; 

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

of discovery may result in substantial savings to the parties and result in either settlement or a 

narrowing of the scope of the issues in this case; 

(5) Neither party expects to file dispositive motions which could be delayed by the 

extensions sought by the parties; 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: December 14, 2005 WILKE, FLEURY, HOFFELT, 

GOULD & BIRNEY, LLP 

By: /s/ 

THOMAS G. REDMON 

Attorneys for Defendant 

WEST SALEM MACHINERY CO., INC. 

DATED: December 14, 2005 LAW OFFICES OF DALE W. MAHON 

 By: /s/_____________________________

DALE W. MAHON 

Attorney for Plaintiffs 

NEVADA RAILROAD MATERIALS, LLC 

and 

NEVADA RAILROAD MATERIALS, INC. 

 

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Case 2:04-cv-01930-FCD-DAD Document 24 Filed 12/15/05 Page 2 of 4
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WILKE,FLEURY,HOFFELT,

GOULD &BIRNEY,LLP 

ATTORNEYS AT LAW

SAC RAMENTO

EXHIBIT “A” 

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 

SECOND AMENDED STATUS 

(PRETRIAL SCHEDULING) ORDER 

Complaint Filed: September 16, 2004 

Trial Date: Not Yet Set 

SECOND 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 IV. DISCOVERY is hereby amended to provide: 

All discovery shall be completed by February 24, 2006. In this context, “completed” 

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WILKE,FLEURY,HOFFELT,

GOULD &BIRNEY,LLP 

ATTORNEYS AT LAW

SAC RAMENTO

means that all discovery shall have been conducted so that all depositions have been taken and 

any disputes relative to discovery shall have been resolved by appropriate order if necessary and, 

where discovery has been ordered, the order has been obeyed. All motions to complete 

discovery must be noticed on the magistrate judge’s calendar in accordance with the local rules of 

this court. 

2. 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 March 17, 2006. 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 March 

31, 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 with 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: December 15, 2005 

 /s/ Frank C. Damrell Jr. 

 FRANK C. DAMRELL, JR. 

 UNITED STATES DISTRICT JUDGE 

196677.1 

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