Canam Steel Corporation v. Mayo, et al.,

Filing 54

STIPULATION and ORDER 49 signed by Judge Morrison C. England, Jr. on 10/14/09 ORDERING that the deadline for all dfts to respond to discovery shall be extended to 11/23/09 and the deadline for pltf to respond to discovery shall be extended to 12/21/09. (Engbretson, K.)

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MENNEMEIER, GLASSMAN & STROUD LLP KENNETH C. MENNEMEIER (SBN 113973) STEPHEN LAU (SBN 221051) 980 9th Street, Suite 1700 Sacramento, CA 95814 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorneys for Defendants John Mayo, Cadela Steel, Inc., and The Spectrus Group, Inc. IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA CANAM STEEL CORPORATION, a Delaware corporation, for itself and derivatively for JD2, Inc., ) ) ) ) Plaintiff, ) ) v. ) ) JOHN MAYO, et al., ) ) Defendants. ) ____________________________________) ) AND RELATED CROSS-ACTION ) ____________________________________) /// /// CASE NO: 09-CV-00672 MCE KJM STIPULATION TO EXTEND DISCOVERY RESPONSE DEADLINES; ORDER THEREON

STIP. TO EXTEND DISCOVERY RESPONSE DEADLINES; ORDER ­ Case No. 09-CV-00672 MCE KJM

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By and through their counsel of record, the parties stipulate and agree as follows: Recitals A. On July 15, 2009, the Court issued a "Pretrial Scheduling Order" (Docket

No. 35), which sets the discovery cutoff as August 13, 2010; B. On August 21, 2009, plaintiff served written discovery (interrogatories

and document requests) on each of the defendants by mail, making the response date for such discovery September 23, 2009; C. On September 18, 2009, defendant JD2, Inc. served written discovery

(interrogatories, document requests, and requests for admissions) on plaintiff by mail, making the response date for such discovery October 21, 2009; D. On or about September 22, 2009, plaintiff granted defendants John Mayo,

Cadela Steel, Inc. and The Spectrus Group an extension of time to and including October 5, 2009 to respond to plaintiff's discovery requests; E. On or about September 23, 2009, plaintiff granted defendant JD2, Inc. an

extension of time to and including October 5, 2009 to respond to plaintiff's discovery requests; F. The parties recently agreed to mediate this matter before the Honorable

Cecily Bond (ret.), and scheduled the mediation for October 30, 2009; G. The parties wish to spare themselves and each other from the burden and

expense of responding to discovery that might become moot if the mediation is successful; H. At the same time, each of the parties recognizes that each of the other

parties may need access to certain information in order to evaluate various issues and the case sufficiently to participate in mediation in an informed manner. Stipulation In light of the foregoing recitals, the parties agree as follows: 1. The deadline for all defendants to respond to the aforementioned discovery

shall be extended by sixty-one (61) days from September 23, 2009, the date responses were originally due, making such responses due on or before November 23, 2009;

STIP. TO EXTEND DISCOVERY RESPONSE DEADLINES; ORDER ­ Case No. 09-CV-00672 MCE KJM

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2.

The deadline for plaintiff to respond to the aforementioned discovery shall

be extended by sixty-one (61) days from October 21, 2009, the date responses were originally due, making such responses due on or before December 21, 2009; 3. The corporate defendants agree that they will make their financial books

and records reasonably available to plaintiff and plaintiff's agents, particularly for the purpose of providing plaintiff information that plaintiff reasonably believes is necessary to help plaintiff prepare for mediation; 4. This stipulation is without prejudice to any privileges or objections that

any of the parties might otherwise assert in response to any of the aforementioned discovery. Dated: October 1, 2009 MENNEMEIER, GLASSMAN & STROUD LLP KENNETH C. MENNEMEIER STEPHEN LAU By: /s/ Kenneth C. Mennemeier Kenneth C. Mennemeier, Attorneys for Defendants John Mayo, Cadela Steel, Inc., and The Spectrus Group, Inc. PHILLIPS, ERLEWINE & GIVEN LLP NICOLAS A. CARLIN DAVID M. GIVEN FEATHER D. BARON

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/s/ David M. Given David M. Given, Attorneys for Plaintiff/CrossDefendant

STIP. TO EXTEND DISCOVERY RESPONSE DEADLINES; ORDER ­ Case No. 09-CV-00672 MCE KJM

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Dated: September 30, 2009

SERLIN & WHITEFORD, LLP

By:

/s/ Mark A. Serlin Mark A. Serlin, Attorneys for Defendant/CrossComplainant JD2, Inc.

ORDER UPON THE PARTIES' STIPULATION It is so ordered. Dated: October 14, 2009 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

STIP. TO EXTEND DISCOVERY RESPONSE DEADLINES; ORDER ­ Case No. 09-CV-00672 MCE KJM

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