Equal Employment Opportunity Commission v. Sierra Pacific Industries

Filing 98

STIPULATION and ORDER 97 for limited reopening of Discovery signed by Judge Morrison C. England, Jr on 5/18/2011. All Depositions shall be completed and all written Discovery shall be served no later than 7/31/2011. (Marciel, M)

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DUN & MARTINEK LLP
DAVID E. MARTINEK (Bar No. 107503)
SHELLEY C. ADDISON (Bar No. 178846)
2131 I Street (95501)
PO Box 1266
Eureka, CA 95502
Telephone: [phone]
Facsimile:
[phone]
DOWNEY BRAND LLP
DANIEL J. COYLE (Bar No. 119274)
621 Capitol Mall, 18th Floor
Sacramento, CA 95814-4686
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
SIERRA PACIFIC INDUSTRIES

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,

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Case No. 2:08-CV-01470-MCE-KJN
STIPULATION REGARDING LIMITED REOPENING OF DISCOVERY AND [PROPOSED]
ORDER

Plaintiff,

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AHMED ELSHENAWY,

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Plaintiff/Intervenor

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v.

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SIERRA PACIFIC INDUSTRIES,

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Defendant.

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Plaintiff Equal Employment Opportunity Commission (EEOC), Plaintiff-Intervenor Ahmed

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Elshenawy and Defendant Sierra Pacific Industries (SPI) jointly respectfully request that the Court

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allow the limited discovery described below. Discovery in this case closed on November 9, 2009.

Stipulation Regarding Limited Re-Opening of Discovery and [Proposed] Order - 1

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However, the trial of the case is not scheduled to begin until January 30, 2012. No party will be

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prejudiced by the granting of the instant request and current pre-trial deadlines will not be affected.

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Good cause exists for the granting of the instant request. Plaintiffs received Defendant's

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disclosure of witness Ed Bond on the day of the discovery deadline. As such, Plaintiffs claim that

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Defendant did not timely disclose Mr. Ed Bond as a potential witness pursuant to Federal Rule of Civil

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Procedure 26. Plaintiffs believe that allowing Mr. Bond's testimony at trial would result in unfair

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prejudice to Plaintiffs' case unless they are afforded an opportunity to depose Mr. Bond and to conduct

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discovery concerning and/or relating to his testimony. Absent such measures, and considering the

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resulting prejudice, Plaintiffs would object to Mr. Bond being called as a witness at trial.

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Defendant claims that it did timely disclose Mr. Bond and believes that Mr. Bond's exclusion as

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a witness at trial would be detrimental to its defense. Defendant agrees to make Mr. Bond available for

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a deposition.

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In addition, during discovery, the parties encountered difficulty locating witness Kristi

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Dunehew and scheduling her deposition. Ms. Dunehew will cooperate with the scheduling of her

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deposition for June 23, 2011.

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The parties have extensively met and conferred about the foregoing matters and stipulate to the

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terms set out below. Accordingly, the parties respectfully request that the Court issue an order as

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follows:

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1.

Discovery shall be re-opened for the limited purpose of allowing Plaintiff EEOC and

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Intervenor Elshenawy to, pursuant to the Federal Rules of Civil Procedure, (a) conduct one joint

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deposition of Mr. Ed Bond and to (b) conduct any other discovery that is reasonably related to Ed

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Bond's testimony, including written and deposition discovery. In consideration of the foregoing,

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Plaintiff EEOC and Intervenor Elshenawy waive any objection to Defendant Sierra Pacific Industries'

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proffer of Ed Bond as a witness at trial.

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2.

All depositions shall be completed and all written discovery shall be served no later

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than July 31, 2011. In addition, any unresolved discovery dispute which may arise and which cannot

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be resolved informally between the parties shall be presented to the assigned Magistrate no later than

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August 31, 2011.

Stipulation Regarding Limited Re-Opening of Discovery and [Proposed] Order - 2

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3.

Plaintiff EEOC and Intervenor Elshenawy shall conduct one joint deposition of Kristi

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Dunehew pursuant to the Federal Rules of Civil Procedure, and Defendant SPI shall make her

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available for such deposition.

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Dated: May 17, 2011

DUN & MARTINEK LLP

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/s/ Shelley C. Addison
Shelley C. Addison
Attorney for Defendant
SIERRA PACIFIC INDUSTRIES

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Dated: May 17, 2011

/s/ Daniel J. Coyle
Daniel J. Coyle
Attorney for Defendant
SIERRA PACIFIC INDUSTRIES

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DOWNEY BRAND

Dated: May 17, 2011

U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION

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/s/Linda Ordonio-Dixon
Linda Ordonio-Dixon
Attorney for Plaintiff
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION

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Dated: May 17, 2011

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DEEMS & KELLER, LLP
/s/ Michael R. Deems
Michael R. Deems
Attorney for Plaintiff/Intervenor
AHMED ELSHENAWY

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IT IS SO ORDERED.
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Date: May 18, 2011

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__________________________________
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE

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DEAC_Signature-END:

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c4d6b0d3

Stipulation Regarding Limited Re-Opening of Discovery and [Proposed] Order - 3