Huynh v. Hubbard et al

Filing 89

STIPULATION and ORDER MODIFYING THE AMENDED DISCOVERY AND SCHEDULING ORDER signed by Magistrate Judge Carolyn K. Delaney on 09/19/17 ORDERING ( Discovery due by 3/9/2018, All pretrial motions, except motions to compel discovery, shall be filed on or before 6/8/2018) (Plummer, M)

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EMMETT C. STANTON (CSB No. 83930)
[e-mail]
YIXIN ZHANG (CSB No. 270527)
[e-mail]
GEOFFREY R. MILLER (CSB No. 308676)
[e-mail]
WILLIAM L. PIEROG (CSB No. 288431)
[e-mail]
FENWICK & WEST LLP
Silicon Valley Center
801 California Street
Mountain View, CA 94041
Telephone:
650.988.8500
Facsimile:
650.938.5200

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ATTO RNEY S

F ENWICK & W ES T LLP

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EMAN SOJOODI (CSB No. 261293)
[e-mail]
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
Telephone:
415.875.2300
Facsimile:
415.281.1350

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EWA M. DAVISON (WSBA No. 39524)
[e-mail]
FENWICK & WEST LLP
1191 Second Avenue, 10th Floor
Seattle, WA 98101
Telephone:
206.389.4510
Facsimile:
206.389.4511

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Attorneys for TAI HUYNH
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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TAI HUYNH,

Case No.: 2:09-cv-1979 MCE CKD P

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Plaintiff,
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v.
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SUSAN HUBBARD, et al.,

STIPULATION AND
[PROPOSED] ORDER FOR
MODIFYING AMENDED
DISCOVERY AND
SCHEDULING ORDER

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Defendants.
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STIPULATION AND [PROPOSED] ORDER
FOR MODIFYING AMENDED
DISCOVERY AND SCHEDULING ORDER

2:09-cv-1979 MCE CKD P

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Plaintiff Tai Huynh and Defendants Westin, Smith, Nelson and Callison, by and through

2 their respective counsel of record, pursuant to L.R. 143 and 144, hereby stipulate as follows:
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WHEREAS, the parties have been engaged in settlement discussions and strongly believe

4 the Court ordered and supervised settlement conference will be of great benefit in this matter.
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WHEREAS, on April 13, 2017 the Court issued an order setting a settlement conference

6 to take place on November 30, 2017 before Magistrate Judge Edmund F. Brennan.
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WHEREAS, the parties wish to defer discovery pending completion of the settlement

8 conference in order to save time and costs in the event settlement is achieved.
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WHEREAS, the parties sought to obtain an early settlement conference in October but

10 were unable to secure a date in which both parties were available prior to November 30, 2017.
WHEREAS, the current deadline to complete discovery is January 8, 2018 and the

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12 deadline to file all pretrial motions, except motion to compel discovery, is April 9, 2018.
ATTO RNEY S

F ENWICK & W ES T LLP

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WHEREAS, the parties have not previously sought or obtained extensions as to the

14 particular matters for which this extension is sought.
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NOW THEREFORE, IT IS HEREBY STIPULATED, by and between the parties, and

16 subject to the Court's approval, in light of the upcoming settlement conference and the parties’
17 desire to defer discovery until after completion of the settlement conference, that the parties agree
18 to extend all dates contained in the Court's September 8, 2017 Amended Discovery and
19 Scheduling Order (Dkt. No. 85) by 60 days.
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The agreed upon extended deadlines are as follows:
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The parties may conduct discovery until March 9, 2018. Any motions necessary to compel

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discovery shall be filed by that date. All requests for discovery pursuant to Fed. R. Civ. P.

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31, 33, 34 or 36 shall be served not later than sixty days prior to that date.

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

All pretrial motions, except motions to compel discovery, shall be filed on or before June
8, 2018.

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STIPULATION AND [PROPOSED] ORDER
FOR MODIFYING AMENDED
DISCOVERY AND SCHEDULING ORDER

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2:09-cv-1979 MCE CKD P

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The parties respectfully request that the Court adopt the parties’ agreed schedule as set

2 forth in this Stipulation for Modifying the Amended Discovery and Scheduling Order.
3 Dated: September 19, 2017

FENWICK & WEST LLP

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By: /s/ Geoffrey R. Miller
Eman Sojoodi (CSB No. 261293)
[e-mail]
Ewa M. Davison (WSBA No. 39524) (admitted
pro hac vice)
[e-mail]
Geoffrey R. Miller (CSB No. 308676)
[e-mail]

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Attorneys for Plaintiff TAI HUYNH

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ATTO RNEY S

F ENWICK & W ES T LLP

11 Dated: September 19, 2017
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XAVIER BECERRA
Attorney General of California

By: /s/ Joseph R. Wheeler
JOSEPH R. WHEELER
Deputy Attorney General

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Attorneys for Defendants
W. WESTIN, J. SMITH, D. NELSON and
E. CALLISON

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ORDER
Pursuant to the foregoing stipulation, the above dates are hereby approved.

20 Dated: September 22, 2017
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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Huyn1979.eot

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STIPULATION AND [PROPOSED] ORDER
FOR MODIFYING AMENDED
DISCOVERY AND SCHEDULING ORDER

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2:09-cv-1979 MCE CKD P