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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1 2 3 4 5 6 7 8 9 10 11 12 13 14 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. 15 UNITED STATES DISTRICT COURT 16 EASTERN DISTRICT OF CALIFORNIA 17 SACRAMENTO DIVISION 18 RICHARD STAFFORD, Individually, 19 20 21 22 23 Plaintiff, v. DOLLAR TREE STORES, INC. and DOES 1 through 50, Inclusive, Defendants. 24 25 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 26 27 28 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 1 STIPULATION 2 3 Plaintiff RICHARD STAFFORD (“Stafford”) and Defendant DOLLAR TREE STORES, 4 INC. (“Defendant”) have been diligently working to complete all discovery by the August 13, 2015 5 deadline. However, due to unforeseen issues, the parties have been unable to complete the following 6 depositions: (1) the conclusion of Defendant’s 30(b)(6) witness, (2) the deposition of non-party 7 witness Kenneth O’Neal, and (3) the deposition of non-party witness Christopher Bryant. 8 Defendant produced witnesses for all topics listed in Plaintiff’s 30(b)(6) notice, including 9 witness Christine Yu. Plaintiff was unable to complete Ms. Yu’s deposition in a single day, and 10 while the parties were scheduling a final day of deposition, Ms. Yu moved to the Philippines, and is 11 therefore unavailable. Defendant is diligently working on finding a replacement witness, but due to 12 scheduling concerns the deposition may not go forward prior to the discovery cutoff. 13 Defendant served non-party Kenneth O’Neal with a deposition subpoena on June 30, 2015, 14 commanding Mr. O’Neal to appear for deposition on July 14, 2015. Without any excuse, Mr. O’Neal 15 did not appear for his deposition. Defendant served another subpoena on Mr. O’Neal in August 16 2015, commanding him to appear for deposition on August 11, 2015. Mr. O’Neal responded 17 indicating that he was not available any time prior to the discovery cutoff, but that he was available 18 on August 25, 2015. 19 Defendant served non-party Christopher Bryant with a deposition subpoena on May 5, 2015. 20 Without excuse, Mr. Bryant did not appear for his deposition on May 21, 2015. Defendant has been 21 diligently attempting to serve Mr. Bryant with a second deposition subpoena, but Mr. Bryant is 22 evading service. 23 Therefore, the parties, by and through their respective counsel of record, hereby stipulate and 24 agree that that the non-expert discovery cutoff should be extended until September 15, 2015, but 25 only with respect to the depositions of the witnesses identified above. The parties also stipulate and 26 agree that Defendant shall produce documents responsive to Requests for Production Nos. 66, 67 27 and 77 no later than September 15, 2015. 28 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 1 2 Dated: August 5, 2015 Respectfully submitted, GRAHAMHOLLIS APC 3 By: 4 5 6 7 /s/ Joseph E. Jaramillo________________________ Graham S.P. Hollis Email: ghollis@grahamhollis.com Joseph E. Jaramillo Email: jjaramillo@grahamhollis.com Attorneys for Plaintiff RICHARD STAFFORD 8 9 Dated: August 5, 2015 Respectfully submitted, 10 By: 11 12 13 14 /s/ Jeffrey Mann______________________________ LINDBERGH PORTER DOMINIC MESSIHA JEFFREY MANN LITTLER MENDELSON, P.C. Attorneys for Defendant DOLLAR TREE STORES, INC. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 ORDER 2 3 Good cause appearing, the Court hereby ORDERS that the non-expert discovery cutoff is 4 hereby extended until September 15, 2015, only with respect to: (1) the conclusion of Defendant’s 5 30(b)(6) deposition, limited to the completion of those topics for which Christine Yu was designated 6 as Defendant’s witness, (2) the deposition of non-party witness Kenneth O’Neal, and (3) the 7 deposition of non-party witness Christopher Bryant. Defendant shall also produce documents 8 responsive to Plaintiff’s Requests for Production Nos. 66, 67 and 77 no later than September 15, 9 2015. 10 11 DATED: August 12, 2015. 12 13 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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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