Cartwright v. University of California at Davis

Filing 119

ORDERsigned by Judge Morrison C. England, Jr on 09/15/09 GRANTING 117 Stipulation. IT IS ORDERED the parties are permitted to depose D. Astrid Rusquellas on 10/29/09 and Randy Vergos on or before 11/30/09. (Streeter, J)

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Gordon & Rees LLP Embarcadero Center West 275 Battery Street, Suite 2000 San Francisco, CA 94111

MICHAEL T. LUCEY (SBN: 099927) MARK S. POSARD (SBN: 208790) GORDON & REES LLP Embarcadero Center West 275 Battery Street, Suite 2000 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants EXEMPT FROM FILING FEES (GOV. CODE § 6103) UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA EDITH CARTWRIGHT, ) ) Plaintiff, ) ) vs. ) ) UNIVERSITY OF CALIFORNIA, DAVIS, et. ) al. ) ) Defendants. ) ) ______________________________________ ) CONSOLIDATED CASE NO. 2:05-CV-02439 MCE-KJM LIMITED STIPULATION AND TO EXTEND TIME TO COMPLETE DISCOVERY; ORDER

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Pursuant to Federal Rule of Civil Procedure 16(b)(4), IT IS HEREBY STIPULATED by and between the parties to this litigation, based upon good cause, that: 1) In exchange for dropping its motion to compel the deposition of Astrid Rusquellas, MD and related request for sanctions, Dr. Rusquellas has agreed to be deposed on October 29, 2009 at 1:30 p.m. in her Berkeley office. The defendants currently have pending their motion to compel as a result of a discovery cut-off date of September 29, 2009. By and through this stipulation, the parties seek relief from this court in so far as allowing them to take the percipient witness deposition after the discovery cut-off date so as to accommodate Dr. Rusquellas's medical condition. ///

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-11111 Stipulation and (Proposed) Order to Extend Time to Complete Discovery CONSOLIDATED CASE NO.: 2:05-CV-02439 MCE-KJM version www.pdffactory.com

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Gordon & Rees LLP Embarcadero Center West 275 Battery Street, Suite 2000 San Francisco, CA 94111

2) Similar to Dr. Rusquellas, percipient witness Randy Vergos has recently endured a surgical operation and will be unavailable to sit for a deposition until October 2009. Counsel for defendants has a trial scheduled for October 19, 2009 and therefore, the parties seek relief from the court to allow them to depose Mr. Vergos at a time to be determined, but not later than the end of November, 2009. The parties and the witnesses have agreed to the above and this stipulation is designed to accommodate the witnesses legitimate and unavoidable health conditions. The parties to not, at this time, wish for the discovery cut-off date to be moved and do not anticipate any further requests to conduct non-expert discovery past the September 29 deadline. IT IS SO STIPULATED: Dated: September 14, 2009 GORDON & REES, LLP By: _____/s/ Mark S. Posard____ Mark S. Posard Attorneys for Defendants Dated: September __, 2009 LAW OFFICES OF DANIEL M. KARALASH By: _____/s/ Daniel M. Karalash_ Daniel M. Karalash Attorney for Plaintiff

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ORDER Pursuant to the parties' stipulation, the parties are permitted to depose Dr. Astrid Rusquellas on October 29, 2009 and Randy Vergos on or before November 30, 2009. IT IS SO ORDERED. DATED: September 15, 2009 __________________________________ MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE

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-22 Stipulation to Extend Time to Complete Discovery PTS. & AUTH. .I.S.O. DEFENDANTS' DEMURRER TO COMPLAINT, CASE NO. CV03-76 Consolidated Case No.: 2:05-CV-02439 MCE-KJM pdfFactory trial version www.pdffactory.com