Robinson v. HD Supply, Inc.

Filing 82

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 8/30/13. Discovery shall remain open until 9/30/13 for the purpose of completing the deposition of expert witness Dr. Alan E. Brooker. (Manzer, C)

1
2
3
4
5
6
7

Robert C. Bowman, Jr. (SBN: 232388)
Sean Gavin (SBN: 251124)
THE LAW OFFICE OF BOWMAN & ASSOCIATES
A Professional Corporation
3841 North Freeway Blvd., Suite 185
Sacramento, CA 95834
T: 916.923.2800
F: 916.923.2828
E: [e-mail]
Attorneys for Plaintiff
KRIS ROBINSON

8
9
10
11
12
13
14

Brian S. Inamine (State Bar No. 117893)
[e-mail]
Philip J. Bonoli (State Bar No. 188906)
[e-mail]
LECLAIRRYAN, LLP
725 South Figueroa Street, Suite 350
Los Angeles, CA 90017-5455
Telephone: [phone]
Telefax: [phone]
Attorneys for Defendant
HD SUPPLY, INC.

15
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

16
17
18

KRIS ROBINSON,
Plaintiff,

19
20
21

v.
HD SUPPLY, INC., a corporation,
and DOES 1 through 50, inclusive.

Case No.: 2:12-CV-00604-GEB-CKD
STIPULATED PLAN TO COMPLETE
OUTSTANDING DISCOVERY
(DEPOSITION OF DEFENDANT’S
EXPERT WITNESS, DR. ALAN E.
BROOKER)

22
23
24

Defendants.
Trial: February 25, 2014
Discovery Cutoff: July 23, 2013

25
26
27
28
Robinson v. HD Supply, Inc.
Page 1 of 3
Stipulated Plan to Complete Outstanding Discovery (Deposition of Defendant’s Expert Witness, Dr. Brooker)

WHEREAS the Court’s Status (Pretrial Scheduling) Order in this matter (Docket #17)

1
2

provides that all discovery was to be completed by July 23, 2013; and

3

WHEREAS on July 23, 2013, the parties submitted a Stipulation and Proposed Order

4

requesting that, inter alia, “discovery shall remain open until August 30, 2013 for the purpose of

5

completing the deposition of Defendant’s expert witness, Dr. Alan E. Brooker”; and
WHEREAS on August 13, 2013, Plaintiff sought available dates for Dr. Brooker’s

6
7

deposition from Defendant; and

8

WHEREAS on August 14, 2013, Defense counsel responded, “I think the most

9

reasonable step is to wait for the District Judge’s ruling on the defense appeal of the magistrate

10

judge’s denial of the motion to compel mental examination. If the District Judge rejects the

11

appeal, then the defense will revisit Dr. Brooker’s use in this case. If the District Judge permits

12

a mental examination, then I would think you would want to depose Dr. Brooker after he

13

completes the examination. If needed, we can stipulate to an additional 30-day extension of the

14

discovery cutoff to allow for Dr. Brooker’s deposition,” and

15
16

WHEREAS on August 16, 2013, Plaintiff served on Defendant a Notice of Taking
Deposition Notice of Dr. Brooker, which is scheduled for August 30, 2013; and

17

WHEREAS Dr. Brooker’s deposition is the only outstanding discovery currently

18

contemplated by either party, and the Parties have agreed on this plan to address the completion

19

of that deposition; and

20

//

21

//

22

//

23

//

24

//

25

//

26

//

27

//

28
Robinson v. HD Supply, Inc.
Page 2 of 3
Stipulated Plan to Complete Outstanding Discovery (Deposition of Defendant’s Expert Witness, Dr. Brooker)

1

WHEREAS although this is the Parties’ second request in this regard, they wish to avoid

2

wasteful pretrial activities, such as motions to compel discovery, and believe that judicial

3

economy is furthered and the burden on the Parties and the Court are lessened by

4

STIPULATING AS FOLLOWS:

5
6

1. Discovery shall remain open until September 30, 2013 for the purpose of completing
the deposition of Defendant’s expert witness, Dr. Alan E. Brooker.

7
8

Respectfully Submitted,

9

THE LAW OFFICE OF BOWMAN & ASSOCIATES
A Professional Corporation

10
11
12
13

Dated: August 29, 2013

By: __/s/ Sean Gavin______________________________
Sean Gavin (SBN: 251124)
Attorney for Plaintiff, KRIS ROBINSON

Dated: August 29, 2013

LECLAIRRYAN, LLP

14
15
16
17
18

By:

19
20
21

_/s/ Brian Inamine__________________________
Brian S. Inamine
Philip J. Bonoli
Attorneys for Defendant
HD SUPPLY, INC.

22
23

IT IS SO ORDERED

24

Dated: August 30, 2013

25
26
27
28
Robinson v. HD Supply, Inc.
Page 3 of 3
Stipulated Plan to Complete Outstanding Discovery (Deposition of Defendant’s Expert Witness, Dr. Brooker)