Bailey et al v. Gatan, Inc. et al
Filing
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STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr. on 4/2/2014 ORDERING 36 Defendants' deadline for taking depositions and for having any dispute related to non-expert discovery resolved, and any order concerning discovery obeyed, shall be CONTINUED to 7/15/2014. (Reader, L)
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ERIC C. BELLAFRONTO, Bar No. 162102
ebellafronto@littler.com
NICOLAS T. KELSEY, Bar No. 246060
nkelsey@littler.com
LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
Telephone:
408.998.4150
Facsimile:
408.288.5686
Attorneys for Defendants
GATAN, INC. and ROPER INDUSTRIES, INC.
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA, and
STATE OF CALIFORNIA, ex rel. BRENT
BAILEY, EMILY WADE, and RICHARD
ROE,
Plaintiffs,
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Case No. 2:12-CV-0106 MCE CKD
STIPULATION AND ORDER
CONTINUING DEFENDANTS’
DISCOVERY CUTOFF
v.
GATAN, INC., ROPER INDUSTRIES,
INC., and DOES 1 through 100, Inclusive,
Defendants.
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STIPULATION AND ORDER CONTINUING DEFENDANTS’ DISCOVERY CUTOFF
Relators Brent Bailey and Emily Wade and Defendants Gatan, Inc. (“Gatan”) and
Roper Industries, Inc. (“Roper”) hereby stipulate to the following:
WHEREAS, the Court’s Pretrial Scheduling Order, dated August 28, 2013, scheduled
the discovery cutoff in this action as May 16, 2014.
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WHEREAS, from December 2013 until the present, Counsel for Relators has been
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unavailable to participate in any significant tasks related to this case, including scheduling and
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attending the depositions of witnesses, due to the need to care for his minor daughter who is
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suffering from a serious health condition.
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LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150
CASE NO. 2:12-CV-0106 MCE CKD
STIPULATION AND [PROPOSED] ORDER
CONTINUING DEFTS' DISCOVERY CUT-OFF
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WHEREAS, Defendant Gatan, Inc. properly served notices to take the depositions of
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six witnesses between March 18 and April 8, 2014, including notices to take the depositions of
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Relator Brent Bailey on March 18, 2014 and Relator Emily Wade on March 21, 2014, but Counsel
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for Relators was unable to appear for those depositions and cancelled those depositions because of
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his need to care for his daughter.
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NOW, THEREFORE, the parties stipulate and respectfully request that the Court
order the following:
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1.
Defendants’ deadline for taking depositions and for having any dispute related
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to non-expert discovery resolved, and any order concerning discovery obeyed, shall be continued to
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July 15, 2014, which the parties realize will be extended to August 14, 2014, if Relators’ motion for
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90-day continuance of the discovery cut-off, trial, and other key dates is granted.
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2.
Relators and Counsel for Relators shall appear for their depositions, and
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Counsel for Relators shall appear at depositions of other witnesses that are properly noticed by
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Defendants, so long as Defendants provide at least two weeks’ notice for the deposition of Relator
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Emily Wade. The parties shall, in good faith, attempt to schedule these depositions on dates that are
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convenient for the parties, counsel, and the witnesses, and as soon as their respective calendars
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reasonably permit.
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3.
With the exception of issuance of subpoenas to third parties solely for
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production of documents (and not for oral testimony), Relators may not take any depositions before
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Defendants have completed the depositions of those witnesses for whom Defendants have issued
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deposition notices and/or deposition subpoenas as of the date of this Stipulation. Those witnesses
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are: Brent Bailey, Emily Wade, Venugopal Ranganathan, Anatoly Katsev, Paul Green, and John
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Olson. Notwithstanding this limitation, if, for reasons beyond the control of Relators or Relators'
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counsel, one or more of such listed depositions remains uncompleted as of May 16, 2014, Relators
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after such date may proceed to take such depositions so long they are taken by the later of June 30,
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2014 or such longer continued discovery cutoff date as may be ordered by the Court, and so long as
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such depositions are permitted by the Federal Rules of Civil Procedure.
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///
LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150
CASE NO. 2:12-CV-0106 MCE CKD
2.
STIPULATION AND ORDER CONTINUING
DEFTS' DISCOVERY CUT-OFF
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Dated: March ___, 2014
LITTLER MENDELSON, P.C.
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By:
ERIC C. BELLAFRONTO
NICOLAS T. KELSEY
Attorneys for Defendants
GATAN, INC. and ROPER INDUSTRIES,
INC.
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Dated: March ___, 2014
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_____________________________________
DANIEL BARTLEY
BARTLEY LAW OFFICES
Attorney for Relators
UNITED STATES OF AMERICA, and
STATE OF CALIFORNIA, ex rel. BRENT
BAILEY, EMILY WADE, and RICHARD
ROE
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ORDER
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The preceding stipulation, ECF No. 36, having been reviewed and approved by the
Court, IT IS ORDERED that:
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1.
Defendants’ deadline for taking depositions and for having any dispute related
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to non-expert discovery resolved, and any order concerning discovery obeyed, shall be continued to
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July 15, 2014;
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2.
Relators and Counsel for Relators shall appear for their depositions, and
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Counsel for Relators shall appear at depositions of other witnesses that are properly noticed by
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Defendants, so long as Defendants provide at least two weeks’ notice for the deposition of Relator
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Emily Wade. The parties shall, in good faith, attempt to schedule these depositions on dates that are
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convenient for the parties, counsel, and the witnesses, and as soon as their respective calendars
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reasonably permit;
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3.
With the exception of issuance of subpoenas to third parties solely for
production of documents (and not for oral testimony), Relators may not take any depositions before
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LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150
CASE NO. 2:12-CV-0106 MCE CKD
3.
STIPULATION AND ORDER CONTINUING
DEFTS' DISCOVERY CUT-OFF
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Defendants have completed the depositions of those witnesses for whom Defendants have issued
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deposition notices and/or deposition subpoenas as of the date of this Stipulation. Notwithstanding
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this limitation, if, for reasons beyond the control of Relators or Relators' counsel, one or more of
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such listed depositions remains uncompleted as of May 16, 2014, Relators after such date may
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proceed to take such depositions so long they are taken by the later of June 30, 2014 or such longer
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continued discovery cutoff date as may be ordered by the Court, and so long as such depositions are
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permitted by the Federal Rules of Civil Procedure; and
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4.
The parties are ORDERED to specifically address in their subsequent briefing
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on Relators’/Plaintiffs’ Motion to Continue Discovery Cutoff, Trial, and Other Key Dates, ECF
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No. 34, how this stipulation and Order impacts Plaintiffs’ Motion, should it be granted. The briefing
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schedule for Plaintiffs’ Motion, ECF No. 34, is set forth in Local Rule 230(c), (d).
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IT IS SO ORDERED.
Dated: April 2, 2014
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LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150
CASE NO. 2:12-CV-0106 MCE CKD
4.
STIPULATION AND ORDER CONTINUING
DEFTS' DISCOVERY CUT-OFF
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