Free Stipulation - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. Meritage Homes Corporation, a Maryland Corporation, formerly d/b/a Meritage Corporation,
1 Case 2:04-cv-00384-ROS Document 439-2 Filed 03/01/2007 Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Meritage Homes Corporation, a Maryland Corporation, formerly d/b/a Meritage Corporation, Hancock-MTH Builders, Inc., an Arizona corporation, Hancock-MTH Communities, Inc., an Arizona corporation, and currently d/b/a Meritage Homes Construction, Inc., an Arizona corporation, and Meritage Homes of Arizona, Inc., an Arizona corporation, Plaintiffs, v. Ricky Lee Hancock and Brenda Hancock, husband and wife; Gregory S. Hancock and Linda Hancock, husband and wife, Rick Hancock Homes L.L.C., an Arizona limited liability company; RLH Development, L.L.C., an Arizona limited liability company; and J2H2, L.L.C., an Arizona limited liability company, Defendants. _________________________________________ Rick and Brenda Hancock, Defendants, Counterclaimants and Third-Party Plaintiffs, CASE NO. CV-04-0384-PHX-ROS PROPOSED ORDER

(Assigned to the Hon. Roslyn O. Silver)

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Hancock-MTH Builders, Inc., an Arizona corporation, Hancock-MTH Communities, Inc., an Arizona corporation, and currently d/b/a Meritage Homes Construction, Inc., an Arizona corporation, and Meritage Homes of Arizona, Inc., an Arizona corporation; Steven J. Hilton and Suzanne Hilton, husband and wife; John R. Landon and Debi Landon, husband and wife; Scott Keeffe and Vicky Keeffe, husband and wife; Roger Zetah and Jane Doe Zetah, husband and wife; and James Arneson and Zane Arneson, husband and wife, Third-Party Defendants.

Based upon Stipulation of all parties except for Defendant Greg Hancock, which would allow more complete discovery and good cause appearing; IT IS HEREBY ORDERED: 1. 2. Discovery deadlines are extended only to the extent set forth below. Meritage may depose Barbara Sorget-Stanton at some point later than seven (7)

calendar days from the date in which Meritage provides Defendants with its rebuttal expert witness report regarding Barbara Sorget-Stanton's report or upon a mutually agreeable date after Meritage informs Defendants that it will not be utilizing a rebuttal expert witness. 3. To the extent that Meritage discloses a rebuttal expert witness to Ms. Sorget-

Stanton's subject, that rebuttal expert witness may be deposed at any time thirty (30) days after disclosure by Meritage on issues relating to its rebuttal expert report. 4. If Meritage chooses to supplement any briefing on the Motions for Summary

Judgment, based upon the information in paragraphs 2 and 3 above, Defendants may file a responsive memorandum ten (10) days later.

1959625.1

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