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1 REQUEST FOR CONTINUANCE OF 

PRE-TRIAL AND TRIAL DATES 

oc-308432 

HARVEY FRUMAN (CA BAR NO. 144167) 

COZEN O'CONNOR 

125 Lincoln Avenue 

Suite 400 

Santa Fe, New Mexico 87501 

Telephone: (505) 820-3346 

Facsimile: (505) 820-3347 

hfruman@cozen.com

Attorneys for Plaintiff 

WASTE MANAGEMENT, INC. 

DEAN J. ZIPSER (CA BAR NO. 94680) 

LINDA A. SAMPSON (CA BAR NO. 169258) 

MORRISON & FOERSTER LLP 

19900 MacArthur Boulevard, Suite 1200 

Irvine, California 92612-2445 

Telephone: (949) 251-7500 

Facsimile: (949) 251-0900 

dzipser@mofo.com

lsampson@mofo.com

Attorneys for Defendant 

ISHIKAWAJIMA-HARIMA HEAVY 

INDUSTRIES, CO., LTD.

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF CALIFORNIA 

WASTE MANAGEMENT, INC., 

Plaintiff, 

v. 

ISHIKAWAJIMA-HARIMA HEAVY 

INDUSTRIES, CO., LTD. and DOES 1 through 

10, inclusive, 

Defendant(s). 

Case No. CIV.S-04-2028 

 WBS/DAD 

STIPULATION FOR 

CONTINUANCE OF PRE-TRIAL 

AND TRIAL DATES; AND ORDER 

THEREON 

State Court Complaint Filed: 

August 9, 2004 

Current Trial Date: October 24, 2006 

Plaintiff Waste Management, Inc. (“WASTE MANAGEMENT”) and defendant 

ISHIKAWAJIMA-HARIMA HEAVY INDUSTRIES, CO., LTD. (“IHI”) hereby stipulate, 

subject to the Court’s approval, to continue the pre-trial and trial dates for approximately six 

months for the following reasons: 

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2 REQUEST FOR CONTINUANCE OF 

PRE-TRIAL AND TRIAL DATES 

oc-308432 

1. Waste Management desires to take the depositions of the various individuals 

designated by IHI in its Initial Disclosures. 

2. All of those individuals reside in Japan, or elsewhere outside of the United 

States. 

3. As such, those depositions will need to be conducted at the U.S. Embassy in 

Tokyo. 

4. The Embassy currently has a waiting time of more than seven months -- and 

likely longer for the block of time needed to complete the above-described depositions. 

5. Waste Management has currently reserved time at the Embassy for a 10-day 

period in September, 2006. 

6. In the meantime, IHI is preparing and intends to file a Motion for Summary 

Judgment (the “Motion”), which it believes shall be dispositive of the entire action and which 

shall be based on issues of law, without the need for factual discovery. 

7. In order to avoid the possibility of unnecessary and significant discovery costs 

and expenses, the parties jointly request that the Court first rule on IHI’s Motion prior to the 

commencement of depositions further discovery. 

8. Particularly given the delay involved in the scheduling and completion of the 

Japan depositions, in the event that the Motion does not dispose of the entire case, there will 

remain sufficient time for discovery to be taken in the action in order for the parties to be 

prepared for trial. 

9. The parties believe that all percipient witness discovery, including the Japan 

depositions, can be completed by October 4, 2006. 

10. There have been no prior continuances of, or requests to continue, the trial in 

this matter. 

11. In revising the pre-trial schedule, the parties realized that the amount of time 

allotted between the designation of expert witnesses and the expert witness discovery cut-off 

was insufficient as proposed. As such, the parties made the appropriate correction in the 

revised schedule set forth below (which correction will not otherwise extend the trial date). 

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3 REQUEST FOR CONTINUANCE OF 

PRE-TRIAL AND TRIAL DATES 

oc-308432 

12. Accordingly, the parties hereby stipulate that (a) the trial of the Action, which 

is presently set for October 24, 2006, at 9:00 a.m. in Courtroom 5 of the above-entitled 

Court, be continued to April 24, 2007 (or on a date as soon thereafter as is available on the 

Court’s calendar), and (b) the discovery deadlines set forth in the parties’ Joint Status Report, 

filed with the Court on or about January 31, 2005, or otherwise ordered by the Court, be 

extended by approximately six months or re-set based on the continued dates, and specifically 

as follows: 

• Percipient Witness Discovery Cut-off: October 4, 2006; 

• Disclosure of retained experts as provided in under Rule 26(a)(2) shall 

be made 30 days after completion of percipient witness discovery and 120 days before 

trial. Experts retained by either party solely to contradict or rebut evidence on the same 

subject matter identified by the other party, shall be disclosed within 45 days after the 

disclosure is made by the other party. 

• Expert Witness Discovery Cut-off: December 19, 2006 (with 

supplementations as permitted under Rule 26(e)); 

• Dispositive Motion Cut-Off: January 19, 2007; 

• Final lists of witnesses and exhibits under Rule 26(a)(3) should be due: 

 from Waste Management, 60 days before trial; and 

 from IHI, 40 days before trial. 

• Parties should have 14 days after service of final lists of witnesses and 

exhibits to list objections under Rule 26(a)(3). 

• Pretrial Conference: February 26, 2007 at 10:00 a.m. (or on a date as 

soon thereafter as is available on the Court’s calendar). 

13. This Stipulation may be executed in counterparts (with facsimile signatures 

being accepted by the parties and the Court in lieu of original signatures), which, when 

combined, shall constitute one and the same document. 

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4 REQUEST FOR CONTINUANCE OF 

PRE-TRIAL AND TRIAL DATES 

oc-308432 

 

Dated: January ___, 2006 HARVEY FRUMAN 

COZEN O’CONNOR 

By: /s/Harvey Fruman 

Harvey Fruman 

Attorneys for Plaintiff 

WASTE MANAGEMENT, INC. 

Dated: January ___, 2006 DEAN J. ZIPSER 

LINDA A. SAMPSON 

MORRISON & FOERSTER LLP 

By: /s/Linda A. Sampson 

Linda A. Sampson 

Attorneys for Defendant 

ISHIKAWAJIMA-HARIMA 

HEAVY INDUSTRIES, CO., LTD. 

ORDER

GOOD CAUSE APPEARING, IT IS SO ORDERED that: 

1. The trial of the Action is continued to April 24, 2007, at 9:00 a.m. in 

Courtroom 5; 

2. The Pre-trial Conference is continued to February 26, 2007, at 10:00 a.m.; 

3. The discovery and pre-trial deadlines set forth in the parties’ Joint Status 

Report are continued as follows: 

a. Percipient Witness Discovery Cut-off: October 4, 2006; 

b. Expert Witness Discovery Cut-off: December 19, 2006 (with 

supplementations as permitted under Rule 26(e)); 

c. Dispositive Motion Cut-Off: January 19, 2007; 

d. Final lists of witnesses and exhibits under Rule 26(a)(3) shall be due 

from Waste Management, 60 days before trial and from IHI, 40 days 

before trial; and 

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5 REQUEST FOR CONTINUANCE OF 

PRE-TRIAL AND TRIAL DATES 

oc-308432 

e. Parties shall have 14 days after service of final lists of witnesses and 

exhibits to list objections under Rule 26(a)(3). 

Dated: January 17, 2006 

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PROOF OF SERVICE

PROOF OF SERVICE BY MAIL 

1. I am employed with the law firm of Morrison & Foerster, whose address is 19900 

MacArthur Boulevard, Suite 1200, Irvine, California 92612; I am not a party to this action; I am 

over the age of eighteen years; and I am readily familiar with Morrison & Foerster’s practice for 

collection and processing of correspondence for mailing with the United States Postal Service. 

2. I know that, in the ordinary course of Morrison & Foerster’s business practice, the 

document described below will be deposited with the United States Postal Service with postage 

thereon fully prepaid on the same date that it is placed at Morrison & Foerster for collection and 

mailing. 

3. I further declare that, on the date hereof, I served a copy of the following document: 

STIPULATION FOR CONTINUANCE OF PRE-TRIAL 

AND TRIAL DATES; AND ORDER THEREON 

on the person(s) listed below by placing a true copy thereof enclosed in a sealed envelope for 

collection and mailing at Morrison & Foerster, Irvine, California, addressed as follows: 

Harvey Fruman, Esq. 

Cozen O’Connor 

125 Lincoln Avenue, Suite 400 

Santa Fe, New Mexico 87501 

Attorneys for Plaintiff

Waste Management, Inc. 

I declare under penalty of perjury under the laws of the State of California that the above is 

true and correct. 

Executed this 13th day of January 2006, at Irvine, California. 

 /s/Rose Toledo 

Rose Toledo 

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