Cartwright, et al. v. Viking Industries, Inc.

Filing 102

FOURTH STIPULATION and ORDER 100 amending Scheduling Order signed by Judge Frank C. Damrell, Jr. on 1/22/2009. Viking will produce date required and discovery related to matter which are subject of Magistrate Judge Brennan's 99 Order by 2/4/2009. The deposition of Meriza Rodrigues and Viking designee(s) selected to testify shall be completed by 2/25/2009. All other dates set forth in Scheduling Order, as amended by prior Stipulations and Orders, shall REMAIN THE SAME. (Marciel, M)

1 2 3 4 5 6 7 8 Ropers Majeski Kohn & Bentley 9 10
A Professional Corporation San Jose

RICHARD M. WILLIAMS (SBN 68032) KEVIN P. CODY (SBN 96355) J. MARK THACKER (SBN 157182) ROPERS, MAJESKI, KOHN & BENTLEY 50 West San Fernando Street, Suite 1400 San Jose, CA 95113 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant VIKING INDUSTRIES, INC., an Oregon corporation UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ­ SACRAMENTO DIVISION

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LYNDA CARTWRIGHT and LLOYD CARTWRIGHT on behalf of themselves and all others similarly situated, Plaintiffs, v. VIKING INDUSTRIES, INC., an Oregon corporation, and Does 1 through 100, inclusive, Defendants.

CASE NO. 2:07-cv-2159 FCD/EFB FOURTH STIPULATION TO AMEND SCHEDULING ORDER AND ORDER THEREON Complaint filed: August 16, 2007

WHEREAS, further disputes have arisen between Plaintiffs Lloyd and Lynda Cartwright ("Plaintiffs") and Defendant Viking Industries, Inc. ("Viking") related to the Order granting Plaintiffs' motion to compel responses to discovery (Document No. 64) (the "Discovery Order"); and WHEREAS, Plaintiffs filed a motion to compel further responses and for sanctions that was heard on January 21, 2009, before Magistrate Judge Brennan; and WHEREAS, by a previous stipulations, the cutoff for non-expert discovery was set as -1Case No. 2:07-cv-2159 FCD/EFB
FOURTH STIPULATION TO AMEND SCHEDULING ORDER AND ORDER THEREON

1 2 3 4 5 6 7 8 Ropers Majeski Kohn & Bentley 9 10
A Professional Corporation San Jose

January 26, 2009; and WHEREAS, on January 21, 2009, in response to Plaintiffs' motion to compel further responses and for sanctions Magistrate Judge Brennan has ordered Viking to produce certain data; and WHEREAS, Magistrate Judge Brennan ordered the data to be produced by January 23, 2009, as a result of the currently set cut off date for non-expert discovery being January 26, 2009; and WHEREAS, the parties believe additional time is necessary both for Viking to produce and deliver to Plaintiffs' counsel the ordered data, and for Plaintiffs' counsel to review and analyze the produced data in advance of the cut off date for non-expert discovery; and WHEREAS, the parties are requesting only a total of fourteen additional days to address the issues raised by Judge Brennan's order of January 21, 2009 and an additional thirty days to complete the remaining pre-certification non-expert depositions, and all other dates will remain unchanged; NOW, THEREFORE, the parties stipulate as follows: 1. Viking will produce the data as required by Magistrate Judge Brennan's order on or before January 28, 2009; and discovery related to matters which are the subject of the Magistrate Judge Brennan's January 21, 2009 order shall be completed by February 4, 2009; 2. The deposition of Meriza Rodrigues and the Viking designee(s) selected to testify concerning communications with Plaintiffs shall be completed by February 25, 2009; 3. All other dates set forth in the Scheduling Order, as amended by prior stipulations and orders, shall remain the same. -2Case No. 2:07-cv-2159 FCD/EFB

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FOURTH STIPULATION TO AMEND SCHEDULING ORDER AND ORDER THEREON

1 2 3 4 5 6 7 8 Ropers Majeski Kohn & Bentley 9 10
A Professional Corporation San Jose

Dated: January 21, 2009

BIRKA-WHITE LAW OFFICES /s/ David M. Birka-White Counsel for Plaintiffs Lloyd and Lynda Cartwright By:

Dated: January 21, 2009

ROPERS, MAJESKI, KOHN & BENTLEY By: /s/ J. Mark Thacker Counsel for Defendant Viking Industries, Inc.

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ORDER IT IS SO ORDERED this 22ndday of January, 2009

____ ______ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE

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Case No. 2:07-cv-2159 FCD/EFB

FOURTH STIPULATION TO AMEND SCHEDULING ORDER AND ORDER THEREON