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STIPULATION TO CONTINUE DATES FOR Case No. CIV.S-04-2701 DFL PAN 

EXPERT DISCLOSURES/DISCOVERY 

CUT-OFF; [PROPOSED] ORDER 

 

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Rex M. Clack, Esq. (CBN 059237) 

David E. Russo (CBN 112023) 

STERLING & CLACK 

A Professional Corporation 

101 Howard Street, Suite 400 

San Francisco, California 94105 

Telephone: (415) 543-5300 

Facsimile: (415) 543-3335 

Attorneys for Defendants 

OSHKOSH TRUCK CORPORATION 

and MCNEILUS TRUCK AND 

MANUFACTURING, INC. 

Dugan Barr, Esq. (CBN 40663) 

BARR & MUDFORD, LLP 

1824 Court Street/Post Office Box 994390 

Redding, CA 96099-4390 

Telephone: (530) 243-8008 

Facsimile: (530) 243-1648 

Attorneys for Plaintiffs 

LAURA A. BERRY; JOSHUA N. 

BERRY, a Minor, by and through his 

Guardian ad Litem, LAURA A. 

BERRY; and NEIL W. BERRY 

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___________________________________________________________________________________________________________ 

STIPULATION TO CONTINUE DATES FOR Case No. CIV.S-04-2701 DFL PAN 

EXPERT DISCLOSURES/DISCOVERY 

CUT-OFF; [PROPOSED] ORDER 

 

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UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF CALIFORNIA 

SACRAMENTO DIVISION 

LAURA A. BERRY; JOSHUA N. BERRY, a 

Minor, by and through his Guardian ad Litem, 

LAURA A. BERRY; and NEIL W. BERRY, 

 Plaintiffs, 

vs. 

OSHKOSH TRUCK CORPORATION; 

MCNEILUS TRUCK AND 

MANUFACTURING, INC.; and DOES 1 

through 20, Inclusive, 

 Defendants. 

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Case No.: CIV.S-04-2701 DFL PAN 

STIPULATION TO CONTINUE DATES 

FOR EXPERT DISCLOSURES AND 

DISCOVERY CUT-OFF; [PROPOSED] 

ORDER THEREON 

Plaintiffs LAURA A. BERRY, JOSHUA N. BERRY, a Minor, by and through his Guardian 

ad Litem, LAURA A. BERRY; and NEIL W. BERRY (“Plaintiffs”) and Defendants OSHKOSH 

TRUCK CORPORATION and MCNEILUS TRUCK AND MANUFACTURING, INC. 

(“Defendants”), by and through their respective counsel of record, hereby stipulate to, and 

respectfully request the Court enter an Order continuing the dates only for expert disclosures and 

discovery cut-off, as more particularly set forth below and for the reasons stated herein. 

Extending the dates for expert witness disclosures, supplemental and rebuttal expert 

disclosures, and discovery cut-off by three weeks will allow the parties sufficient time to complete 

discovery a reasonable time before expert witness disclosures are due, but without affecting the 

dispositive motion deadline or existing trial date. The parties respectfully submit that good cause 

exists for extending these discovery cut-off dates by three weeks as it will promote the fair and 

efficient preparation for trial. 

THEREFORE, plaintiffs and defendants hereby stipulate to the following: 

1. To continue the date for expert witness disclosures under F.R.C.P. 26(a)(2) from 

March 1, 2006 to March 22, 2006; 

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___________________________________________________________________________________________________________ 

STIPULATION TO CONTINUE DATES FOR Case No. CIV.S-04-2701 DFL PAN 

EXPERT DISCLOSURES/DISCOVERY 

CUT-OFF; [PROPOSED] ORDER 

 

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2. To continue the date for supplemental expert disclosures and disclosure of rebuttal 

experts under F.R.C.P. 26(a)(2)(C), from March 22, 2006 to April 5, 2006; 

3. To continue the date by which all discovery shall be completed from May 1, 2006 to 

May 22, 2006; and 

4. All other dates set in the Court’s Pre-Trial Scheduling Order filed on September 13, 

2005 are to remain the same. 

Accordingly, plaintiffs and defendants hereby respectfully request that the Court continue 

the discovery dates as suggested above. 

IT IS SO STIPULATED: 

STERLING & CLACK 

Dated: 2/1/2006 By: ___s/Rex M. Clack________ 

 Rex M. Clack 

 

 Attorneys for Defendants 

 OSHKOSH TRUCK CORPORATION and 

MCNEILUS TRUCK AND 

MANUFACTURING, INC. 

BARR & MUDFORD, LLP 

Dated: 2/3/2006 By: _______s/Dugan Barr_____ 

 Dugan Barr 

 

 Attorneys for Plaintiffs 

 LAURA A. BERRY; JOSHUA N. BERRY, 

a Minor, by and through his Guardian ad 

Litem, LAURA A. BERRY; and NEIL W. 

BERRY 

Rex M. Clack attests that concurrence in the filing of this document has been obtained from 

each of the other signatories identified herein. 

030103/P\StipToContinueDates re Exp Discl 

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___________________________________________________________________________________________________________ 

STIPULATION TO CONTINUE DATES FOR Case No. CIV.S-04-2701 DFL PAN 

EXPERT DISCLOSURES/DISCOVERY 

CUT-OFF; [PROPOSED] ORDER 

 

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ORDER

Having reviewed and considered the parties’ request and stipulation to continue the dates for 

disclosure of experts and discovery cutoff, and good cause appearing therefor, 

IT IS HEREBY ORDERED:

1. The last date for the parties to make expert witness disclosures under F.R.C.P. 26(a)(2) 

is continued from March 1, 2006 to March 22, 2006; 

2. The last date for the parties to make supplemental expert disclosures and disclosure of 

rebuttal experts under F.R.C.P. 26(a)(2)(C) is continued from March 22, 2006 to April 5, 

2006; 

3. The date by which discovery shall be completed is continued from May 1, 2006 to 

May 22, 2006; and 

4. All other dates set in this Court’s Pre-Trial Scheduling Order filed on September 13, 

2005 shall remain the same. 

Dated: 2/6/2006 

______________________________ 

DAVID F. LEVI 

United States District Judge

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