Avila, et al., v. Olivera Egg Ranch,LLC

Filing 113

STIPULATION and ORDER signed by Judge John A. Mendez on 05/26/10 ORDERING that the Status (Pre-trial Scheduling) Order is amended to allow the taking of depositions that have already been noticed up to and including June 11, 2010. This extension is limited to the taking of depositions that have already been noticed and shall not include any additional discovery. (Williams, D)

A PROFESSIONAL CORPORATION

Russ J. Wunderli, SBN 95654 Jared S. Mueller, SBN 257659 350 University Ave., Suite 200 Sacramento, California 95825 TEL: [phone] FAX: [phone]

Attorneys for Defendant OLIVERA EGG RANCH, LLC

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

GLORIA AVILA, et al., Plaintiffs, v. OLIVERA EGG RANCH, LLC, Defendant. /

Case No. 2:08-CV-02488-JAM-KJN STIPULATION AND ORDER TO AMEND THE STATUS (PRE-TRIAL SCHEDULING) ORDER TO ALLOW DEPOSITIONS UP TO AND INCLUDING JUNE 11, 2010

IT IS HEREBY STIPULATED by and between the parties through their counsel of record that the parties shall be allowed to take depositions up to and including June 11, 2010. In light of the unanticipated amount of expert witnesses for whom depositions must be taken in this case, in addition to the unforeseen availability problems that have arisen during the scheduling of these depositions, it is necessary for one or more depositions to be taken after the discovery deadline of May 31, 2010, as provided in the Status (Pre-trial Scheduling) Order. The parties have met and conferred on this issue and have stipulated to allow the taking of any depositions that have already been noticed but have not been scheduled due to unforeseen scheduling

1
STIPULATION AND [PROPOSED] ORDER TO AMEND THE STATUS (PRE-TRIAL SCHEDULING) ORDER TO ALLOW DEPOSITIONS UP TO AND INCLUDING JUNE 11, 2010 00788825.WPD

problems. The parties will allow these depositions to take place up to and including June 11, 2010. This stipulation is limited to those depositions that have already been noticed and shall not include any additional discovery. Dated: May 25, 2010 PORTER SCOTT
A PROFESSIONAL CORPORATION

By

/s/ Jared S. Mueller Jared S. Mueller Attorneys for Defendant OLIVERA EGG RANCH, LLC

Dated: May 25, 2010

ORRICK, HERRINGTON & SUTCLIFFE LLP

By

/s/ Nicole A. Roth Nicole A. Roth Attorneys for Plaintiffs GLORIA AVILA, CHENDA CHE, LIA GALICINAO, MICHELLE LONG, GLEN MAGAOAY, JANICE MAGAOAY, JEFFREY ORIGER, LARRY YEPEZ, LYNDA YEPEZ, WAYNE YEPEZ, and THE HUMANE SOCIETY OF THE UNITED STATES.

2
STIPULATION AND [PROPOSED] ORDER TO AMEND THE STATUS (PRE-TRIAL SCHEDULING) ORDER TO ALLOW DEPOSITIONS UP TO AND INCLUDING JUNE 11, 2010 00788825.WPD

ORDER The parties having filed a Stipulation to allow the taking of depositions, and good cause appearing therefore, IT IS HEREBY ORDERED that the Status (Pre-trial Scheduling) Order is amended to allow the taking of depositions that have already been noticed up to and including June 11, 2010. This extension is limited to the taking of depositions that have already been noticed and shall not include any additional discovery. IT IS SO ORDERED. Dated: May 26, 2010 /s/ John A. Mendez UNITED STATES DISTRICT JUDGE

3
STIPULATION AND [PROPOSED] ORDER TO AMEND THE STATUS (PRE-TRIAL SCHEDULING) ORDER TO ALLOW DEPOSITIONS UP TO AND INCLUDING JUNE 11, 2010 00788825.WPD

Avila, et al. v. Olivera Egg Ranch, LLC United States Eastern District Court Case No: 2:08-CV-02488-JAM-KJN DECLARATION OF PROOF OF SERVICE I am over the age of 18 years and not a party to the within action; my business address is, and I am employed at Porter Scott, 350 University Avenue, Suite 200, Sacramento, CA 95825. On the date below I served the following document(s) on the person(s) listed below as follows:

DOCUMENT(S) SERVED:

STIPULATION AND [PROPOSED] ORDER TO AMEND THE STATUS (PRE-TRIAL SCHEDULING) ORDER TO ALLOW DEPOSITIONS UP TO AND INCLUDING JUNE 11, 2010

BY MAIL. By placing a true copy thereof enclosed in a sealed envelope addressed to each of the persons named below and by then placing said envelope for collection at a designated location at Porter Scott's offices during designated hours, for mailing on this date, following ordinary business practice. X BY ELECTRONIC SERVICE. I caused the above-listed document(s) document to be electronically served by filing it with the Clerk of the Court through CM/ECF. _____ BY PERSONAL SERVICE. I caused the above-listed document(s) to be delivered by hand to the office of the person(s) listed below. _____ BY OVERNIGHT DELIVERY. I caused the above-listed document(s) to be delivered by overnight delivery to the office of the person(s) listed below. _____ BY FACSIMILE. I caused the above-listed document(s) to be transmitted by facsimile machine to the office of the person(s) listed below.

ADDRESSED AS FOLLOWS: SEE ATTACHED LIST

I declare under penalty of perjury the foregoing is true and correct under the laws of the United States of America. Executed at Sacramento, California, on May 25, 2010.

/s/ Jared S. Mueller Jared S. Mueller

4
STIPULATION AND [PROPOSED] ORDER TO AMEND THE STATUS (PRE-TRIAL SCHEDULING) ORDER TO ALLOW DEPOSITIONS UP TO AND INCLUDING JUNE 11, 2010 00788825.WPD

Avila, et al. v. Olivera Egg Ranch, LLC United States Eastern District Court Case No: 2:08-CV-02488-JAM-KJN PROOF OF SERVICE LIST

ROBERT S. SHWARTS JOSHUA D. WATTS NICOLE A. ROTH ORRICK, HERRINGTON & SUTCLIFFE THE ORRICK BUILDING 405 HOWARD STREET SAN FRANCISCO, CA 94105-2669 [e-mail] [e-mail] [e-mail]

PETER BRANDT JESSICA CULPEPPER THE HUMANE SOCIETY OF THE UNITED STATES 2100 L STREET, N.W. WASHINGTON, DC 20037 [e-mail] [e-mail]

HILARIE A. LINK ORRICK, HERRINGTON & SUTCLIFFE LLP 777 SOUTH FIGUEROA STREET, SUITE 3200 LOS ANGELES, CA 90017-5855 [e-mail]

STEPHANIE COWLES ALEXANDRA FREIDBERG ORRICK, HERRINGTON & SUTCLIFFE 1152 15TH STREET, NW WASHINGTON, DC 20005 [e-mail]
[e-mail]

5
STIPULATION AND [PROPOSED] ORDER TO AMEND THE STATUS (PRE-TRIAL SCHEDULING) ORDER TO ALLOW DEPOSITIONS UP TO AND INCLUDING JUNE 11, 2010 00788825.WPD