McIntosh v. Nothern California Universal Enterprises Company et al

Filing 94

Joint Stipulation in Support of Partial Withdrawal of Motion to Extend Discovery for Limited Purposes signed by Magistrate Judge Gary S. Austin on 8/6/2009. (Figueroa, O)

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James J. Braze, Esq.; SBN 75911 Jeffrey A. Travis, Esq.; SBN 235507 BORTON PETRINI, LLP 5060 California Avenue, Suite 700 Post Office Box 2026 Bakersfield, CA 93303 Telephone [phone] email: [e-mail] email: [e-mail] Attorneys for Plaintiff, Roger McIntosh dba McIntosh & Associates UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

ROGER McINTOSH, Plaintiff, v. NORTHERN CALIFORNIA UNIVERSAL ENTERPRISES COMPANY, a California corporation; LOTUS DEVELOPMENTS, LLP; THE CITY OF WASCO, a municipal corporation; DEWALT CM, INC., a California corporation also doing business as DEWALT CORPORATION; and DOES 1 through 10, inclusive Defendants.

Case No. 1:07-CV- 01080 LJO-GSA JOINT STIPULATION IN SUPPORT OF PARTIAL WITHDRAWAL OF MOTION TO EXTEND DISCOVERY FOR LIMITED PURPOSES DATE: August 21, 2009 TIME: 9:30 a.m. DEPT.: 10

19 20 21 22 23 24 25 26 27 28 STIPULATION TO EXTEND DISCOVERY WHEREFORE, counsel for Northern California Universal Enterprises Company and Lotus Developments, LLP (collectively "Northern") and plaintiff Roger McIntosh have continued to meet and confer regarding the dispute underlying the recent re-filed motion; WHEREFORE, the parties have agreed that, as to Northern, limited discovery would be acceptable for the specific purposes outlined below; WHEREFORE, to obtain these facts, the undersigned believe extending discovery will serve the interests of all parties' claims;

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WHEREFORE, each of the parties are acting in good faith and have not brought this Stipulation for any improper purpose; and THEREFORE, IT IS HEREBY STIPULATED by and between Jeffrey A. Travis of Borton Petrini, LLP, counsel for plaintiff and Steven J. Hassing of the Law Offices of Steven J. Hassing, counsel for Northern that discovery be extended as follows: 1. Northern will make a person most knowledgeable available for deposition on

the specific topic of profits and loss relating to Valley Rose Estate Subdivision and which will take no longer than one hour; 2. Prior to August 12, 2009, Northern will provide supplemental responses

without objections to plaintiff's Request for Admissions (Set No. Two) propounded on Northern; 3. Prior to August 12, 2009, Lotus will provide supplemental responses without

objections to plaintiff's Request for Admissions (Set No. Two) propounded on Lotus. 4. Prior to August 12, 2009, Northern will provide supplemental responses

without objections to plaintiff's Request for Production of Documents (Set No. Three) propounded on Northern; 5. Prior to August 12, 2009, Lotus will provide supplemental responses without

objections to plaintiff's Request for Production of Documents (Set No. Three) propounded on Lotus; 6. Northern will not object to the taking of the deposition of Josh Woodard and

provided there are no calendaring conflicts; and 7. Those parts of the recently filed motion that relate to the above topics shall

be withdrawn pursuant to this Stipulation. DATED: August 5, 2009 BORTON PETRINI, LLP

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/s/ Jeffrey A. Travis Jeffrey A. Travis, Attorney for Plaintiff, Roger McIntosh dba McIntosh & Associates

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DATED: August _5__, 2009 LAW OFFICES OF STEVEN J. HASSING

By:

/s/ Steven J. Hassing______________________ Steven J. Hassing, Attorney for Defendants, Northern California Universal Enterprises Company and Lotus Developments, LLP ORDER

IT IS SO ORDERED. 9 Dated: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6i0kij

August 6, 2009

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE