Stone v. Severn Trent Services, Inc.

Filing 18

STIPULATION and ORDER signed by District Judge John A. Mendez on 1/8/2016 ORDERING 17 Discovery Cutoff date RESET to 2/29/2016. (Reader, L)

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LARRY L. BAUMBACH
State Bar No. 50086
LAW OFFICES OF LARRY L. BAUMBACH
686 Rio Lindo Avenue
Chico, CA 95926
Telephone: [phone]

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Attorney for Plaintiff
KATHY STONE

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KATHY STONE,
Plaintiff,

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Case No.: 2:14-cv-00689-JAM-DAD

vs.

STIPULATION AND DECLARATION;
ORDER RE EXTENDING THE
DISCOVERY DEADLINE

SEVERN TRENT SERVICES, INC.;
DOES 1 through 100,
Defendants,
_________________________________
/
IT IS HEREBY STIPULATED by Plaintiff, KATHY STONE, by and through her
attorney, and Defendant, SEVERN TRENT SERVICES, INC., by and through their
attorneys, that the discovery cut-off date set forth in the Court’s September 18, 2014
pretrial scheduling order be continued to February 29, 2016 in order to allow the parties
sufficient time to complete depositions and written follow-up discovery in this matter. This
stipulation is based upon the following facts which the parties submit show good cause to
adjust the pretrial scheduling order:
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That on September 18, 2014 the Court established a non-expert discovery

cut-off date of January 15, 2016.
2.

Since the initiation of this case the parties have engaged in extensive written

discovery including exchanges of written interrogatories and requests for production of
documents. Defendant has taken the deposition of Plaintiff. Due to scheduling conflicts
and not being able to produce witnesses, the Plaintiff has taken no depositions.
-1STIPULATION AND DECLARATION; ORDER RE EXTENDING THE DISCOVERY DEADLINE

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3.

The Plaintiff is still trying to depose Defendant’s Person Most Knowledgeable

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and the parties anticipate needing to conduct additional discovery in order for the parties to

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gather all the available facts, evaluate the merits of the case; prepare dispositive motions;

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and to possibly explore resolution of this case. Plaintiff contends that the testimony of

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Defendant’s Person Most Knowledgeable is critical to this case and may reveal other

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possible witnesses who will need to be deposed.

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subpoenas will also likely result from this deposition.

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4.

Follow up written discovery and

Based upon the foregoing, the parties submit that good cause exists to

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continue the discovery cutoff to February 29, 2016 because the above-described discovery

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is crucial to both parties’ preparation of their case and due to scheduling conflicts will not be

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completed by the current deadline. An amendment to the scheduling order will cause no

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prejudice to either party since both parties have agreed to the continuance; and because

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the adjustment of the discovery cutoff will not affect the other dates set by this Court and

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the trial date will not need to be continued.

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5.

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IT IS SO STIPULATED.

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That the parties agree that this stipulation is valid under Local Rule 143.

Dated: Janurary 7, 2016

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LAW OFFICES OF LARRY L. BAUMBACH
/S/ Larry L. Baumbach
By:_________________________________
LARRY L. BAUMBACH
Attorney for Plaintiff

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Dated: January 8, 2016

LITTLER MENDELSON

/s/ Barbara A. Blackburn (authorized on 1/8/16)
By:_________________________________
BARBARA A. BLACKBURN
Attorney for Defendants

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-2STIPULATION AND DECLARATION; ORDER RE EXTENDING THE DISCOVERY DEADLINE

DECLARATION OF LARRY L. BAUMBACH

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I, Larry L. Baumbach, do hereby declare and say the following:
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I am the attorney of record for the Plaintiff in the above-entitled action. I have

prepared this Declaration as evidence in support of the parties’ stipulation and request to
this Court to continue the discovery cutoff date to February 29, 2016. The facts stated in
the stipulation set forth above re true and correct and based upon my personal knowledge.
I declare under the penalty of perjury under the laws of the United States of America
that the facts stated above in the stipulation of the parties are true and correct. This
Declaration was executed on January 7, 2016 in Chico, California.

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/S/ Larry L. Baumbach
_________________________

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DECLARATION OF BARBARA A. BLACKBURN

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I, Barbara A. Blackburn, do hereby declare and say the following:

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1.

I am the attorney of record for the Defendants in the above-entitled action. I

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have prepared this Declaration as evidence in support of the parties’ stipulation and

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request to this Court to continue the discovery cutoff date to February 29, 2016. The facts

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stated in the stipulation set forth above re true and correct and based upon my personal

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knowledge.

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I declare under the penalty of perjury under the laws of the United States of America

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that the facts stated above in the stipulation of the parties are true and correct. This

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Declaration was executed on January 8, 2016 in Sacramento, California.

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/s/ Barbara A. Blackburn (authorized
on 1/8/16)
_________________________

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-3STIPULATION AND DECLARATION; ORDER RE EXTENDING THE DISCOVERY DEADLINE

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ORDER

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Based upon the stipulation of the parties and good cause appearing, the Court
orders that the discovery cutoff date is hereby changed to February 29, 2016.
IT IS SO ORDERED.

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Dated: 1/8/2016

/s/ John A. Mendez_________________________
UNITED STATES DISTRICT COURT JUDGE

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-4STIPULATION AND DECLARATION; ORDER RE EXTENDING THE DISCOVERY DEADLINE