Lenard v. The Sherwin-Williams Company

Filing 34

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 10/26/15: HEARING as to 29 Motion for Protective Order and 30 Motion to Compel RESET for 12/2/2015 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Kaminski, H)

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KEVIN D. REESE, State Bar No. 172992
[e-mail]
TIMOTHY L. REED, State Bar No. Bar No. 258034
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Steuart Tower, Suite 1300
One Market Plaza
San Francisco, CA 94105
Telephone:
415.442.4810
Facsimile:
415.442.4870

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Attorneys for Defendant
THE SHERWIN-WILLIAMS COMPANY
Lawrance A. Bohm, State Bar No. 208716
BOHM LAW GROUP
4600 Northgate Blvd., Suite 210
Sacramento, CA 95834
Telephone:
916.927.5574
Facsimile:
916.927.2046

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Erik Roper, State Bar No. 259756
THE LAW OFFICE OF ERIK ROPER
2121 Natomas Crossing Drive, Suite 200-117
Sacramento, CA 95834
Telephone:
916.281.8249
Facsimile:
916.527.0118
Attorneys for Plaintiff
NATHAN LENARD

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NATHAN LENARD,
Plaintiff,

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vs.
THE SHERWIN-WILLIAMS COMPANY, and
DOES 1-100,

Case No. 2:13-CV-02548-KJM-AC
STIPULATION TO CONTINUE HEARING
DATE FOR PLAINTIFF’S MOTIONS TO
COMPEL AND DEFENDANT’S MOTION
FOR PROTECTIVE ORDER; and
[PROPOSED] ORDER

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Defendant.
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Hearing Date: November 4, 2015
Time:
10:00 a.m.
Courtroom:
26, 8th Floor
Action Filed:
Trial Date:

May 15, 2013
July 11, 2016

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Case No. 2:13-CV-02548-KJM-AC
STIPULATION TO CONTINUE HEARING DATE FOR MOTIONS TO COMPEL AND MOTION FOR
PROTECTIVE ORDER AND [PROPOSED] ORDER

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Plaintiff Nathan Lenard (“Plaintiff”) and Defendant The Sherwin-Williams Company

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(“Defendant”) submit the following stipulation to continue the November 4, 2015 date for the

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hearings on Defendant’s Motion for Protective Order Regarding Plaintiff’s Request for Production

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of Documents, Set Nos. 4 and 6 (Dkt. No. 29) and Plaintiff’s Motion to Compel Amended

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Responses to Plaintiff’s Requests for Production of Documents, Set Nos. 4 and 6; and Motion to

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Compel Depositions (Dkt. No. 30) (“collectively, the “Discovery Motions”).

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Since filing the Discovery Motions, the parties have continued to meet and confer in order

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to resolve the issues presented therein. To date, numerous issues presented by the Discovery

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Motions have been resolved by the parties through their meet-and-confer efforts. The parties are

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optimistic that they may resolve all of the issues presented by the Discovery Motions or, at the very

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least, significantly narrow those issues prior to presenting them to the Court.

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On October 23, 2015, Timothy Reed, counsel for Defendant, contacted Deputy Clerk

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Valerie Callen to request a continuance of the November 4, 2015 hearing date for the Discovery

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Motions to November 18, 2015. In a responsive voice message, Ms. Callen informed Mr. Reed

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that the earliest available hearing date is December 2, 2015. Ms. Callen also stated that the parties

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may file a stipulation to continue the hearings to December 2, 2015.

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Accordingly, because a continuance may result in the conservation of judicial resources and

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those of the parties, Plaintiff and Defendant jointly and respectfully request that the hearings on the

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Discovery Motions be continued to December 2, 2015.

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DATED: October 23, 2015

OGLETREE, DEAKINS, NASH, SMOAK & STEWART,
P.C.

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By: /s/ Timothy L. Reed
Kevin D. Reese
Timothy L. Reed
Attorneys for Defendant
THE SHERWIN-WILLIAMS COMPANY

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Case No. 2:13-CV-02548-KJM-AC
STIPULATION TO CONTINUE HEARING DATE FOR MOTIONS TO COMPEL AND MOTION FOR
PROTECTIVE ORDER AND [PROPOSED] ORDER

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DATED: October 23, 2015

LAW OFFICE OF ERIK M. ROPER

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By: /s/ Erik M. Roper (as authorized on 10/23/15)
Erik M. Roper
Attorney for Plaintiff
NATHAN LENARD

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Case No. 2:13-CV-02548-KJM-AC
STIPULATION TO CONTINUE HEARING DATE FOR MOTIONS TO COMPEL AND MOTION FOR
PROTECTIVE ORDER AND [PROPOSED] ORDER

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED,

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The hearings on Defendant’s Motion for Protective Order Regarding Plaintiff’s Request for

4 Production of Documents, Set Nos. 4 and 6 (Dkt. No. 29) and Plaintiff’s Motion to Compel
5 Amended Responses to Plaintiff’s Requests for Production of Documents, Set Nos. 4 and 6; and
6 Motion to Compel Depositions (Dkt. No. 30) is hereby continued to December 2, 2015 at
7 10:00 a.m.
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DATED: October 26, 2015

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Case No. 2:13-CV-02548-KJM-AC
STIPULATION TO CONTINUE HEARING DATE FOR MOTIONS TO COMPEL AND MOTION FOR
PROTECTIVE ORDER AND [PROPOSED] ORDER