Michelle Carpenter v. Forest Meadows Owners Association

Filing 22

STIPULATION and ORDER TO EXTEND NON EXPERT AND EXPERT DISCOVERY DEADLINES FOR LIMITED PURPOSES. The deadline for completion of non-expert discovery shall be continued from 12/10/2010 to 12/15/2010 for the limited purpose of taking the deposition of L iberty Smith; Plaintiff's expert disclosure deadline continued to 11/30/2010; Defendant's expert disclosure deadline 12/16/2010; The expert discovery and non-dispositive motion deadline shall be extended to 1/27/2011. Order signed by Magistrate Judge Dennis L. Beck on 12/1/2010. (Hernandez, M)

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DAVID L. PERRAULT, #67109 JENNIFER S. MCGEORGE, #221679 HARDY ERICH BROWN & WILSON A Professional Law Corporation 1000 G Street, 2nd Floor Sacramento, California 95814 P.O. Box 13530 Sacramento, California 95853-3530 [phone] Fax [phone] Attorneys for Defendant Forest Meadows Owners Association LAWRANCE A. BOHM, #208716 BOHM LAW GROUP 4600 Northgate Blvd., Suite 210 Sacramento, CA 95834 [phone] Fax [phone] ERIKA M. GASPAR, #238117 LAW OFFICE OF ERIKA M. GASPAR 8880 Cal Center Drive, Suite 400 Sacramento, CA 95826 [phone] [phone] GREGORY R. DAVENPORT, #154403 LAW OFFICES OF GREGORY R. DAVENPORT 3439 Brookside Road, Suite 205 Stockton, CA 95219 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff Michelle Carpenter IN THE UNITED STATES DISTRICT COURT IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA

MICHELLE CARPENTER , Plaintiff, v. FORREST MEADOWS OWNERS ASSOCIATION; and DOES 1-100 inclusive , Defendants.

Case No. 1:09-CV-01918 DLB JOINT STIPULATION TO EXTEND NON-EXPERT AND EXPERT DISCOVERY DEADLINES FOR LIMITED PURPOSES

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JOINT STIPULATION TO EXTEND NON-EXPERT AND EXPERT DISCOVERY

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I. STIPULATION The parties to the above-entitled action, by and through their counsel, do hereby stipulate to extend the non-expert discovery deadline from December 10, 2010 to December 15, 2010 for the limited purpose of completing the noticed deposition of Liberty Smith. The continuance of the non-expert discovery deadline is requested because despite best efforts, the parties are unable to schedule Ms. Smith's deposition prior to the discovery deadline of December 10, 2010 due to availability of the witness and counsel. The parties further stipulate to extend expert disclosure deadlines by four (4) business days for each party, as follows: Plaintiff: From November 22, 2010 to November 30, 2010

Defendant: From December 10, 2010 to December 16, 2010 The continuance of the expert disclosure deadline(s) is requested because despite best efforts, the parties are unable to make all appropriate disclosures prior to their respective deadlines due to the schedules of the experts and counsel. Moreover, in accordance with the aforementioned stipulated extension of time for expert disclosure by both parties, the parties do hereby stipulate to likewise extend the expert discovery deadline as well as the non-dispositive motion deadline from January 21, 2011 to January 27, 2011. All other deadlines are to remain intact. II. EXISTENCE OF GOOD CAUSE Good cause exists for the requested continuance(s) in view of important calendar conflicts of both witnesses and counsel, and the parties' inability to complete all nonexpert and expert discovery prior to the current deadline(s). Specifically, Plaintiff's counsel noticed the deposition of Liberty Smith prior to the December 10, 2010 deadline. (Bohm Decl.¶ 2; McGeorge Dec. ¶ 2). Ms. Smith was unavailable to attend her scheduled deposition due to a death in her family. (McGeorge Decl. ¶ 3; Bohm Dec. ¶ 3). Due to the scheduling of other depositions in this case, the
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respective schedules of counsel for the parties, and to allow for an appropriate bereavement period for Ms. Smith, Ms. Smith's deposition cannot be completed prior to the non-expert discovery deadline of December 10, 2010. (McGeorge Decl. ¶ 4; Bohm Decl. ¶4). Moreover, due to the schedule of Plaintiff's expert witness, a brief extension of the expert disclosure deadline is necessary to allow sufficient time to complete and submit the required expert report. (Bohm Decl. ¶ 5). A corresponding extension of

time for the defense's expert witness disclosure is therefore requested, in the interest of fairness, such that each side has an equivalent extension. (McGeorge Decl. ¶ 5; Bohm Decl. ¶ 5). Finally, good cause exists to extend the expert discovery and non-dispositive motion deadlines in accordance with the extension(s) outlined above, to ensure sufficient time to complete expert discovery and depositions, and to file any nondispositive motions, if necessary. (McGeorge Decl. ¶ 6; Bohm Decl. ¶ 6). For these reasons, all counsel for the parties believe that the interests of justice and efficiency would be served by an Order granting the requested continuance(s).

IT IS SO STIPULATED. Dated: November 29, 2010 DAVID L. PERRAULT JENNIFER S. MCGEORGE HARDY ERICH BROWN & WILSON By /s/ Jennifer S. McGeorge Attorneys for Defendant FOREST MEADOWS OWNERS ASSOCIATION Dated: November 29, 2010 LAWRANCE A. BOHM BOHM LAW GROUP By /s/ Lawrance A. Bohm Attorneys for Plaintiff MICHELLE CARPENTER ///
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JOINT STIPULATION TO EXTEND NON-EXPERT AND EXPERT DISCOVERY

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Dated: November 29, 2010

ERIKA M. GASPAR LAW OFFICES OF ERIKA M. GASPAR By /s/ Erika M. Gaspar Attorneys for Plaintiff MICHELLE CARPENTER

Dated: November 29, 2010

GREGORY R. DAVENPORT LAW OFFICES OF GREGORY R. DAVENPORT By /s/ Gregory R. Davenport Attorneys for Plaintiff MICHELLE CARPENTER

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JOINT STIPULATION TO EXTEND NON-EXPERT AND EXPERT DISCOVERY

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ORDER

Based upon the stipulation of the parties and good cause appearing, the Court orders the following: 1. The deadline for completion of non-expert discovery shall be continued

from December 10, 2010 to December 15, 2010 for the limited purpose of taking the deposition of Liberty Smith; 2. The expert disclosure deadlines shall be continued by four (4) business

days for each party, as follows: Plaintiff: Defendant: 3. From November 22, 2010 to November 30, 2010 From December 10, 2010 to December 16, 2010

The expert discovery and non-dispositive motion deadline shall be

extended by four (4) business days, from January 21, 2011 to January 27, 2011. IT IS SO ORDERED. Dated:
DEAC_Signature-END:

December 1, 2010

/s/ Dennis

L. Beck

UNITED STATES MAGISTRATE JUDGE 3b142a

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