Whitaker v. Costco Wholesale Corporation et al

Filing 245

ORDER signed by Judge John A. Mendez on 6/4/2014 GRANTING IN PART, DENYING IN PART 239 Motion for Extension of Time/Motion to Compel; ORDERING that discovery be completed by 6/27/2014; ORDERING that the deposition of Alan Caito be held in Des Moine s, IA by 6/27/2014; ORDERING that the deposition of Randy Takeshita be held in, or near, Manteca, CA by 6/27/2014; ORDERING the plaintiff to pay all expenses incurred by the defendant's counsel in connection with said depositions, to be paid prior to the Final Pretrial Conference set for 8/15/2014. (Michel, G)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ED WHITAKER,

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No. 13-CV-00668 JAM-EFB
Plaintiff,

v.
COSTCO WHOLESALE CORPORATION,

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ORDER GRANTING IN PART AND
DENYING IN PART PLAINTIFF’S
MOTION FOR AN EXTENSION OF THE
DISCOVERY CUT-OFF DATE AND
COMPELLING COSTCO TO PRODUCE
DEPOSITION WITNESSES

Defendant.

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Plaintiff’s Motion to extend the discovery cut-off came on

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for hearing before this Court on June 4, 2014.

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this extension to examine witnesses Alan Caito, Randy Takeshita

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and Terry Fuller Holland, as previously agreed by Stipulation of

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October 22, 2013 (Stipulation and Order Regarding Agreed Upon

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Discovery [EF Doc. 232, Filed Oct. 23, 2013]).

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Plaintiff seeks

The Court finds that good cause exists for a brief extension

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of the discovery cut-off in order to allow Plaintiff to take the

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depositions of Alan Caito and Randy Takeshita.

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not shown as to Plaintiff’s request to depose Terry Fuller

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Holland.

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part and denied in part, and

Good cause was

Accordingly, Plaintiff’s Motion herein is granted in

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IT IS ORDERED that:

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1.

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The discovery cut-off date for this case is extended to

June 27, 2014;
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The deposition of Alan Caito shall be held in Des

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Moines, Iowa no later than June 17, 2014 or, if the parties

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informally agree, no later than June 27, 2014;

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3.

The deposition of Randy Takeshita shall be held in, or

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in a location near, Manteca, California no later than June 27,

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2014; and

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4.

Plaintiff shall pay all expenses incurred by

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Defendant’s counsel in connection with these depositions,

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including travel expenses (meals, hotel and transportation) and

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the cost of deposition transcripts.

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expenses shall be sent by Defendant to Plaintiff’s counsel by

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July 21, 2014 and paid by Plaintiff prior to the August 15, 2014

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pre-trial conference.

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IT IS SO ORDERED.
Dated:

June 4, 2014

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An itemization of these