No. BK-N-03-31627-GWZUnited States Bankruptcy Court, D. Nevada
June 20, 2002
Kenneth F. Strong, Jeremy W. Katz, Cynthia L. Cox, GORDAN REES LLP, San Francisco, CA., Attorneys for Creditor Harding ESE, Inc., a Mactec Co.
STIPULATED ORDER RE DISCOVERY FOR EVIDENTIARY HEARING CONCERNING CURE CLAIMS OF HARDING ESE, INC. AGAINST POMEROY CORP., INC.
GREGG W. ZIVE, Bankruptcy Judge
HARDING ESE, INC. and POMEROY CORP., INC. have requested the court set for an evidentiary hearing, and said hearing has been set for July 10, 11 and 12, 2002, issues relating to the cure claim of HARDING ESE. The parties have agreed to the following discovery schedule in preparation for the evidentiary hearing.
1. On or before March 20, 2002, the parties shall make the initial disclosures called for under Rule 26(a)(1);
2. Disclosures of expert testimony pursuant to Rule 26(a)(2)(A) shall be made on or before April 15, 2002. However, the parties shall not be required to tender an extra report pursuant to subsection (B).
3. The parties shall confer pursuant to Rule 26(f) on or before April 2, 2002 to discuss which depositions, if any, are necessary, whether there is a need for any written discovery, whether the parties can agree on stipulated facts concerning one or both issues, and whether the parties should participate in mediation prior to the evidentiary hearing.