Hediger et al v. Pride Industries, Inc. et al

Filing 40

STIPULATION and ORDER re DISCOVERY DISPUTE signed by Magistrate Judge Gregory G. Hollows on 12/10/12. (Kaminski, H)

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2 Michael A. Hirst, Esq. CA Bar #131034
[e-mail]
3 Leslie S. Guillon, Esq. CA Bar #222400
[e-mail]
4 HIRST LAW GROUP, P.C.
200 B Street, Suite A
5 Davis, CA 95616
Tel: [phone]
6 Fax: [phone]
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Attorneys for Plaintiffs
8 Timothy Hediger and Lois Perez
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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY HEDIGER and LOIS PEREZ,
Plaintiffs,

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2:09-cv-1858 GEB-GGH
STIPULATION AND ORDER
REGARDING DISCOVERY
DISPUTE

v.
PRIDE INDUSTRIES, INC., and
PRIDE INDUSTRIES ONE, INC.,

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Date: December 20, 2012
Time: 10:00 a.m.
Court: Courtroom No. 9

Defendants.

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Plaintiffs filed a notice of motion and motion seeking an order from the Court to
compel Defendants to respond to discovery.
The parties submit this stipulation and proposed order to resolve this discovery
dispute. If the Court signs the proposed order, Plaintiffs will withdraw their motion
presently calendared for hearing on December 20, 2010.
STIPULATION

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1.

On or before December 17, 2012, Defendants shall fully respond, without

objections, and produce the financial information and supporting documents requested in
Stipulation and (Proposed) Order
Regarding Discovery Dispute

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1 Plaintiff Hediger’s: Request for Production No. 31.
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2.

On or before December 17, 2012, Defendants shall fully respond, without

3 objections, and produce the information and documents sought regarding Defendants’
4 employees as requested in: Plaintiff Hediger’s: Request for Admissions Nos. 5 - 7, 29 5 31, 56; Interrogatories Nos. 16, 19 - 20; and Plaintiff Perez’s Requests for Production Nos. 12
6 - 13; and Interrogatories Nos. 18 -19, 22.
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3.

The information and documents produced in response to numbers 1 and 2,

8 above, shall be produced and shall be treated in accordance with the Stipulation Re:
9 Confidentiality of Discovery Pending Trial (filed concurrently as a separate order), which
10 the parties have executed.
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4.

On or before December 17, 2012, Defendants shall also fully respond,

12 without objections, and produce the information and documents sought by Plaintiffs as to
13 which Defendants have previously stated: (1) that they cannot yet respond, (2) that they
14 cannot yet admit or deny, or (3) that they will produce the requested information or
15 documents but have not stated by when such information or documents will be produced.
16 Defendants will respond and produce the information and documents as requested in
17 Plaintiff Hediger’s: Request for Admissions Nos. 11, 22 - 24, 50, 53 - 55, 59, 69, 71 - 72, 95 18 100; Requests For Production Nos. 14 - 18, 20 - 21, 32 - 34; and Interrogatories Nos. 17 - 18; and
19 Plaintiff Perez’s Requests for Admissions Nos. 3 - 19, 39 - 43; and Interrogatories Nos. 4, 16, 17,
20 20 - 21.
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A.

If Defendants fail to produce the information or documents requested,

22 Defendants shall state that no such information or documents exist and Defendants shall
23 be precluded from using any non-produced information or documents thereafter,
24 including in any motion or trial.
25 IT IS SO STIPULATED.
26 Dated: December 5, 2012
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Stipulation and (Proposed) Order
Regarding Discovery Dispute

/s/ Michael A. Hirst
Michael A. Hirst, Esq.
Hirst Law Group, P.C.
Attorneys for Plaintiffs
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/s/ Michael A. Bishop
Michael A. Bishop
Matheny Sears Linkert & Jaime
Attorneys for Defendants

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5 IT IS SO ORDERED.
6 Dated: December 10, 2012
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GGH:076/Hediger1858.stip.wpd

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Stipulation and (Proposed) Order
Regarding Discovery Dispute

/s/ Gregory G. Hollows
Honorable Gregory G. Hollows
United States Magistrate Judge