G.P.P., Inc. v. Guardian Protection Products, Inc.

Filing 52

ORDER on Joint Stipulation Re: Extending Fact Witness Discovery Deadline for the Taking of Agreed Upon Fact Witness Depositions and Extending Expert Disclosure Deadlines. The deadline for fact discovery is extended to June 30, 2016, for the followin g depositions: (1) Charles Gibson, Sr., (2) Debbie Gibson; (3) Frank Gibson; (4) Christopher Nolan; (5) Christopher Taylor; (6) Darrin Lease; and (7) the second FRCP 30(b)(6) deposition of Defendant Guardian, based on the deposition notice served on April 26, 2016. The expert disclosure deadline is extended to July 1, 2016. The supplemental expert disclosures deadline is extended to July 15, 2016. These modifications do not change any other existing scheduling deadlines, including the pretrial conference and trial dates. Order signed by Magistrate Judge Sheila K. Oberto on 6/3/2016. (Timken, A)

1
2
3
4

DYLAN J. LIDDIARD, SBN 203055
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

MARGARET M. DRUGAN, SBN 175324
GORDON & REES LLP
633 West Fifth Street, 52nd floor
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

Attorneys for Plaintiff
G.P.P. d/b/a Guardian Innovative Solutions

Attorneys for Defendant
Guardian Protection Products, Inc.

5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10

FRESNO DIVISION

11
12

G.P.P., Inc., d/b/a GUARDIAN INNOVATIVE
SOLUTIONS,

13
Plaintiff,
14
vs.
15
GUARDIAN PROTECTION PRODUCTS, INC.
16
Defendant.
17
18

)
)
)
)
)
)
)
)
)
)

CASE NO. 1:15-cv-00321 SKO
JOINT STIPULATION RE:
EXTENDING FACT WITNESS
DISCOVERY DEADLINE FOR
THE TAKING OF AGREED UPON
FACT WITNESS DEPOSITIONS
AND EXTENDING EXPERT
DISCLOSURE DEADLINES; AND
ORDER

Plaintiff G.P.P., Inc. d/b/a Guardian Innovative Solutions (“Plaintiff” or “GIS”) and

19

Defendant Guardian Protection Products, Inc. (“Defendant” or “Guardian”) (collectively referred

20

to as “the parties”) submit the following Joint Stipulation re: Extending the Fact Witness

21

Discovery Deadline for the purposes of Taking Agreed Upon Fact Witness Depositions and

22

Extending Expert Disclosure Deadlines. The parties have been diligently working to complete fact

23

witness discovery within the May 18, 2016 deadline set by the court in its August 25, 2015

24

Scheduling Order. However, due to scheduling conflicts and the travel required for all of these

25

depositions as well as the additional time needed to complete document production and review,

26

the parties will be unable to complete all of the agreed upon depositions of party witnesses prior to

27

the fact witness discovery cut-off date. Accordingly, the parties will also be unable to complete

28

expert disclosure prior to the current expert disclosure deadlines. Therefore, the parties have
JOINT STIPULATION RE EXTENDING FACT WITNESS
DISCOVERY DEADLINE
CASE NO. 1:15-CV-00321-SKO

-1-

1

agreed and have stipulated pursuant to Federal Rule of Civil Procedure 29 to extend the time in

2

which to complete these party depositions to June 30, 2016. The following depositions are subject

3

to this Stipulation: (1) Charles Gibson, Sr., (2) Debbie Gibson; (3) Frank Gibson; (4) Christopher

4

Nolan; (5) Christopher Taylor; (6) Darrin Lease; and (7) the second FRCP 30(b)(6) deposition of

5

Defendant Guardian based on the deposition notice served on April 26, 2016.

6
7

Further, the parties have agreed and stipulated to extend the time with respect to expert
discovery as follows:

8

•

Expert Disclosures: July 1, 2016

9

•

Supplemental Expert Disclosures: July 15, 2016

10

The close for expert discovery will remain August 15, 2016.

11

Nothing in this stipulation is intended as a waiver of either party’s right to seek further

12

modification of the Court’s August 25, 2015 Scheduling Order or to seek any other relief from the

13

Court, including with respect to any discovery disputes between the parties.

14

IT IS SO STIPULATED AND AGREED TO BY ALL PARTIES:

15
16

Dated: May 31, 2016

WILSON SONSINI GOODRICH & ROSATI
Professional Corporation

17
18
By: /s/ Dylan J. Liddiard
Dylan J. Liddiard

19
20

Attorneys for Plaintiff
GPP, Inc. d/b/a Guardian Innovative Solutions

21
22
23

Dated: May 31, 2016

GORDON & REES LLP

24
By: /s/ Margaret M. Drugan
(As authorized on 5/31/2016)
Margaret M. Drugan

25
26

Attorneys for Defendant
Guardian Protection Products, Inc.

27
28
JOINT STIPULATION RE EXTENDING FACT WITNESS
DISCOVERY DEADLINE
CASE NO. 1:15-CV-00321-SKO

-2-

1

ORDER

2
3

Having reviewed the above stipulation, IT IS HEREBY ORDERED that the Scheduling
Order (Doc. 42) be modified as follows: 1

4

1.

The deadline for fact discovery is extended to June 30, 2016, for the following

5

depositions: (1) Charles Gibson, Sr., (2) Debbie Gibson; (3) Frank Gibson; (4)

6

Christopher Nolan; (5) Christopher Taylor; (6) Darrin Lease; and (7) the second

7

FRCP 30(b)(6) deposition of Defendant Guardian, based on the deposition notice

8

served on April 26, 2016;

9

2.

The expert disclosure deadline is extended to July 1, 2016; and

10

3.

The supplemental expert disclosures deadline is extended to July 15, 2016.

11

These modifications do not change any other existing scheduling deadlines, including the pretrial

12

conference and trial dates.

13
14
15

IT IS SO ORDERED.
Dated:

June 3, 2016

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

16
17
18
19
20
21
22
23
24
25
26
27
28

1

The Court notes that, as the date of the parties’ request, the deadline to complete fact discovery, which is
sought to be extended, has already expired. Scheduling orders are “not a frivolous piece of paper, idly entered,
which can be cavalierly disregarded by counsel without peril.” Johnson v. Mammoth Recreations, Inc., 975 F.2d
604, 610 (9th Cir. 1992). Any future requests to modify the Court’s Scheduling Order must be filed prior to the
expiration of the date sought to be extended -- in addition to demonstrating good cause as required by Fed. R. Civ. P.
16(b)(4).

JOINT STIPULATION RE EXTENDING FACT WITNESS
DISCOVERY DEADLINE
CASE NO. 1:15-CV-00321-SKO

-3-