Bailey et al v. Gatan, Inc. et al

Filing 37

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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1 2 3 4 5 6 7 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. 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 UNITED STATES OF AMERICA, and STATE OF CALIFORNIA, ex rel. BRENT BAILEY, EMILY WADE, and RICHARD ROE, Plaintiffs, 14 15 16 17 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. 18 19 20 21 22 23 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. 24 WHEREAS, from December 2013 until the present, Counsel for Relators has been 25 unavailable to participate in any significant tasks related to this case, including scheduling and 26 attending the depositions of witnesses, due to the need to care for his minor daughter who is 27 suffering from a serious health condition. 28 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 1 WHEREAS, Defendant Gatan, Inc. properly served notices to take the depositions of 2 six witnesses between March 18 and April 8, 2014, including notices to take the depositions of 3 Relator Brent Bailey on March 18, 2014 and Relator Emily Wade on March 21, 2014, but Counsel 4 for Relators was unable to appear for those depositions and cancelled those depositions because of 5 his need to care for his daughter. 6 7 NOW, THEREFORE, the parties stipulate and respectfully request that the Court order the following: 8 1. Defendants’ deadline for taking depositions and for having any dispute related 9 to non-expert discovery resolved, and any order concerning discovery obeyed, shall be continued to 10 July 15, 2014, which the parties realize will be extended to August 14, 2014, if Relators’ motion for 11 90-day continuance of the discovery cut-off, trial, and other key dates is granted. 12 2. Relators and Counsel for Relators shall appear for their depositions, and 13 Counsel for Relators shall appear at depositions of other witnesses that are properly noticed by 14 Defendants, so long as Defendants provide at least two weeks’ notice for the deposition of Relator 15 Emily Wade. The parties shall, in good faith, attempt to schedule these depositions on dates that are 16 convenient for the parties, counsel, and the witnesses, and as soon as their respective calendars 17 reasonably permit. 18 3. With the exception of issuance of subpoenas to third parties solely for 19 production of documents (and not for oral testimony), Relators may not take any depositions before 20 Defendants have completed the depositions of those witnesses for whom Defendants have issued 21 deposition notices and/or deposition subpoenas as of the date of this Stipulation. Those witnesses 22 are: Brent Bailey, Emily Wade, Venugopal Ranganathan, Anatoly Katsev, Paul Green, and John 23 Olson. Notwithstanding this limitation, if, for reasons beyond the control of Relators or Relators' 24 counsel, one or more of such listed depositions remains uncompleted as of May 16, 2014, Relators 25 after such date may proceed to take such depositions so long they are taken by the later of June 30, 26 2014 or such longer continued discovery cutoff date as may be ordered by the Court, and so long as 27 such depositions are permitted by the Federal Rules of Civil Procedure. 28 /// 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 1 Dated: March ___, 2014 LITTLER MENDELSON, P.C. 2 3 By: ERIC C. BELLAFRONTO NICOLAS T. KELSEY Attorneys for Defendants GATAN, INC. and ROPER INDUSTRIES, INC. 4 5 6 7 Dated: March ___, 2014 8 _____________________________________ 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 9 10 11 12 13 14 ORDER 15 16 The preceding stipulation, ECF No. 36, having been reviewed and approved by the Court, IT IS ORDERED that: 17 1. Defendants’ deadline for taking depositions and for having any dispute related 18 to non-expert discovery resolved, and any order concerning discovery obeyed, shall be continued to 19 July 15, 2014; 20 2. Relators and Counsel for Relators shall appear for their depositions, and 21 Counsel for Relators shall appear at depositions of other witnesses that are properly noticed by 22 Defendants, so long as Defendants provide at least two weeks’ notice for the deposition of Relator 23 Emily Wade. The parties shall, in good faith, attempt to schedule these depositions on dates that are 24 convenient for the parties, counsel, and the witnesses, and as soon as their respective calendars 25 reasonably permit; 26 27 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 28 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 1 Defendants have completed the depositions of those witnesses for whom Defendants have issued 2 deposition notices and/or deposition subpoenas as of the date of this Stipulation. Notwithstanding 3 this limitation, if, for reasons beyond the control of Relators or Relators' counsel, one or more of 4 such listed depositions remains uncompleted as of May 16, 2014, Relators after such date may 5 proceed to take such depositions so long they are taken by the later of June 30, 2014 or such longer 6 continued discovery cutoff date as may be ordered by the Court, and so long as such depositions are 7 permitted by the Federal Rules of Civil Procedure; and 8 4. The parties are ORDERED to specifically address in their subsequent briefing 9 on Relators’/Plaintiffs’ Motion to Continue Discovery Cutoff, Trial, and Other Key Dates, ECF 10 No. 34, how this stipulation and Order impacts Plaintiffs’ Motion, should it be granted. The briefing 11 schedule for Plaintiffs’ Motion, ECF No. 34, is set forth in Local Rule 230(c), (d). 12 13 IT IS SO ORDERED. Dated: April 2, 2014 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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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