Capitol Waste, Inc. v. A Greener Globe, et al.,

Filing 13

STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr on 12/28/10. Discovery due by 2/28/2011. (Kaminski, H)

Capitol Waste, Inc. v. A Greener Globe, et al.,

Doc. 13

1 James R. Walsh, No. 051764 2 Attorneys at Law

WALSH LAW FIRM

3 Lafayette, CA 94549 4 Facsimile: 5

250 Lafayette Circle, Suite 200 Telephone: Email: 925.284.7400 866.406.8863 [e-mail]

6 non-profit public benefit corporation, sued herein as "A

Attorneys for Defendants A GREENER GLOBE, a California

7 GREENER GLOBE CORPORATION, AKA A GREENER 8 profit public benefit corporation (co- owner)", DANIEL G.

GREENER GLOBE, a California Corporation, aka A

GLOBE, Inc. AKA A GREENER GLOBE, a California nonSHEEHAN, an individual, sued herein as "DANIEL G.

9 SHEEHAN, an individual and dba A GREENER GLOBE (co10 herein as "JACKLYN C. SHEEHAN, an individual and dba A 11 HIGHLAND MORTGAGE FUND 1, LLC 12 13 14 15 CAPITOL WASTE, INC., 16 17 18 19 20 21 22 23 24 25 26 27 28

owner)", JACKLYN C. SHEEHAN, an individual, sued

GREENER GLOBE (co-owner)", and Defendant WESTERN

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

No. 2:10-CV-00866-FCD-EFB STIPULATION AND ORDER

Plaintiffs,

v. A GREENER GLOBE, et. al. Defendants. Plaintiff, by undersigned counsel, submits this request by stipulation to amend Pretrial Scheduling ordered and filed in this case on August 13, 2010, so as to permit discovery cutoff to extend until February 28, 2011, due to Plaintiff's counsel's ongoing medical issues. STIPULATION WHEREAS Plaintiff's counsel has suffered an injury to his back for which he is undergoing diagnosis and treatment ("Medical Condition"); and

Dockets.Justia.com

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WHEREAS Plaintiffs counsel's Medical Condition has interfered with his ability to work competently full time on his case load as well as in the instant case, has also resulted in his inability to attend certain noticed depositions to date and is expected to continue to interfere with Plaintiff's counsel performance of his duties in this case over the short term, and WHEREAS Plaintiff's counsel believes he will be able to complete discovery by February 28, 2011, THE PARTIES HEREBY STIPULATE and agree, so as to accommodate Plaintiff's counsel that there is good cause to request an extension of discovery cutoff, and accordingly stipulate, subject to the courts approval, as follows:
1. To amend the Pretrial Scheduling in this case to include a discovery cutoff date

of February 28, 2011.
2. The depositions of Plaintiff Capitol Waste, Inc., Kenneth Whitmire and Iva

Whitmire will be held on January 24, 2011 at the Walsh Law Firm in its Roseville, California office.
3. Plaintiff shall provide full and complete responses to the Form Interrogatories,

Requests for Admission, Requests to Produce Documents and Special Interrogatories, previously served by defendants in the state court action. These responses, including production of the documents, shall be delivered to the Walsh Law Firm in Lafayette, CA no later than the close of business on January 3, 2011. Failure to fully comply with this agreement and order will result in sanctions. Dated: December ___, 2010 LAW OFFICES OF ROBB HEWITT

/s/

Robb Hewitt, Attorney for Capitol Waste, Inc.

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Dated: December___, 2010

WALSH LAW FIRM /s/ James R. Walsh Attorneys for Defendants A GREENER GLOBE, DANIEL G. SHEEHAN, JACKLYN C. SHEEHAN, and WESTERN HIGHLAND
MORTGAGE FUND 1, LLC

Dated: December ___, 2010

/s/ BENJAMIN B. WAGNER. United States Attorney ADAIR F. BOROUGHS U.S. Department of Justice, Tax Division, Attorney for The United States of America.

ORDER IT IS SO ORDERED.
Dated: December 28, 2010

_______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE