Richard Stafford v. Dollar Tree Stores Inc et al
Filing
115
STIPULATION AND ORDER signed by Judge Kimberly J. Mueller on 8/12/2015 EXTENDING non-expert discovery to 9/15/2015, with respect to: (1) the conclusion of the defendant's 30(b)(6) deposition, limited to the completion of those topics for which C hristine Yu was designated as the defendant's witness, (2) the deposition of non-party witness Kenneth O'Neal, and (3) the deposition of non-party witness Christopher Bryant; ORDERING the defendant to produce documents responsive to the plaintiff's requests for production nos. 66, 67 and 68 by 9/15/2015. (Michel, G.)
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LINDBERGH PORTER, Bar No. 100091
lporter@littler.com
LITTLER MENDELSON, P.C.
650 California Street, 20th Floor
San Francisco, CA 94108.2693
Telephone:
415.433.1940
Facsimile:
415.399.8490
DOMINIC J. MESSIHA, Bar No. 204544
dmessiha@littler.com
LITTLER MENDELSON, P.C.
2049 Century Park East, 5th Floor
Los Angeles, CA 90067.3107
Telephone:
310.553.0308
Fax No.:
310.553.5583
JEFFREY MANN, Bar No. 253440
jmann@littler.com
LITTLER MENDELSON, P.C.
1255 Treat Boulevard, Suite 600
Walnut Creek, CA 94597
Telephone:
925.932.2468
Facsimile:
925.946.9809
Attorneys for Defendant
DOLLAR TREE STORES, INC.
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO DIVISION
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RICHARD STAFFORD, Individually,
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Plaintiff,
v.
DOLLAR TREE STORES, INC. and
DOES 1 through 50, Inclusive,
Defendants.
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Case No. 2:13-cv-01187-KJM-CKD
STIPULATION AND ORDER
EXTENDING DISCOVERY CUTOFF FOR
LIMITED PURPOSES
Judge: Hon. Kimberly J. Mueller
Complaint Filed:
FAC Filed:
Case Removed:
SAC Filed:
TAC Filed:
Trial Date:
November 18, 2012
January 7, 2013
February 4, 2013
February 12, 2013
April 21, 2015
March 25, 2016
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LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA
94108.2693
415.433.1940
STIPULATION AND ORDER
EXTENDING CUTOFF
Case No. 2:13-cv-01187-KJM-CKD
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STIPULATION
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Plaintiff RICHARD STAFFORD (“Stafford”) and Defendant DOLLAR TREE STORES,
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INC. (“Defendant”) have been diligently working to complete all discovery by the August 13, 2015
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deadline. However, due to unforeseen issues, the parties have been unable to complete the following
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depositions: (1) the conclusion of Defendant’s 30(b)(6) witness, (2) the deposition of non-party
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witness Kenneth O’Neal, and (3) the deposition of non-party witness Christopher Bryant.
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Defendant produced witnesses for all topics listed in Plaintiff’s 30(b)(6) notice, including
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witness Christine Yu. Plaintiff was unable to complete Ms. Yu’s deposition in a single day, and
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while the parties were scheduling a final day of deposition, Ms. Yu moved to the Philippines, and is
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therefore unavailable. Defendant is diligently working on finding a replacement witness, but due to
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scheduling concerns the deposition may not go forward prior to the discovery cutoff.
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Defendant served non-party Kenneth O’Neal with a deposition subpoena on June 30, 2015,
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commanding Mr. O’Neal to appear for deposition on July 14, 2015. Without any excuse, Mr. O’Neal
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did not appear for his deposition. Defendant served another subpoena on Mr. O’Neal in August
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2015, commanding him to appear for deposition on August 11, 2015. Mr. O’Neal responded
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indicating that he was not available any time prior to the discovery cutoff, but that he was available
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on August 25, 2015.
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Defendant served non-party Christopher Bryant with a deposition subpoena on May 5, 2015.
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Without excuse, Mr. Bryant did not appear for his deposition on May 21, 2015. Defendant has been
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diligently attempting to serve Mr. Bryant with a second deposition subpoena, but Mr. Bryant is
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evading service.
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Therefore, the parties, by and through their respective counsel of record, hereby stipulate and
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agree that that the non-expert discovery cutoff should be extended until September 15, 2015, but
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only with respect to the depositions of the witnesses identified above. The parties also stipulate and
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agree that Defendant shall produce documents responsive to Requests for Production Nos. 66, 67
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and 77 no later than September 15, 2015.
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LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA
94108.2693
415.433.1940
STIPULATION AND ORDER
EXTENDING CUTOFF
1.
Case No. 2:13-cv-01187-KJM-CKD
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Dated: August 5, 2015
Respectfully submitted,
GRAHAMHOLLIS APC
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By:
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/s/ Joseph E. Jaramillo________________________
Graham S.P. Hollis
Email: ghollis@grahamhollis.com
Joseph E. Jaramillo
Email: jjaramillo@grahamhollis.com
Attorneys for Plaintiff
RICHARD STAFFORD
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Dated: August 5, 2015
Respectfully submitted,
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By:
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/s/ Jeffrey Mann______________________________
LINDBERGH PORTER
DOMINIC MESSIHA
JEFFREY MANN
LITTLER MENDELSON, P.C.
Attorneys for Defendant
DOLLAR TREE STORES, INC.
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LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA
94108.2693
415.433.1940
STIPULATION AND ORDER
EXTENDING CUTOFF
2.
Case No. 2:13-cv-01187-KJM-CKD
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ORDER
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Good cause appearing, the Court hereby ORDERS that the non-expert discovery cutoff is
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hereby extended until September 15, 2015, only with respect to: (1) the conclusion of Defendant’s
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30(b)(6) deposition, limited to the completion of those topics for which Christine Yu was designated
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as Defendant’s witness, (2) the deposition of non-party witness Kenneth O’Neal, and (3) the
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deposition of non-party witness Christopher Bryant. Defendant shall also produce documents
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responsive to Plaintiff’s Requests for Production Nos. 66, 67 and 77 no later than September 15,
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2015.
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DATED: August 12, 2015.
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UNITED STATES DISTRICT JUDGE
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LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA
94108.2693
415.433.1940
STIPULATION AND ORDER
EXTENDING CUTOFF
3.
Case No. 2:13-cv-01187-KJM-CKD
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