Davis v. Wells Fargo Bank

Filing 13

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 6/14/2018 ORDERING that the Discovery Cutoff is EXTENDED to 11/6/2018. (Fabillaran, J)

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Roman Otkupman, CSBN 249423
[e-mail]
Nidah Farishta, CSBN 312360
[e-mail]
OTKUPMAN LAW FIRM, A LAW CORPORATION
21800 Oxnard Street, Suite 1160
Woodland Hills, CA 91367
Telephone: [phone]
Facsimile: (888) 850-131 0
Attorneys for Plaintiff,
Nathan Todd Davis

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LITTLER MENDELSON, P.C.
BENJAMIN L. WEBSTER, Bar No. 132230
[e-mail]
JOHN H. ADAMS, JR., Bar No. 253341
[e-mail]
500 Capitol Mall
Suite 2000
Sacramento, CA 95814
Telephone: [phone]
Facsimile: 916.561.0828
Attorneys for Defendant
WELLS FARGO BANK, NATIONAL
ASSOCIATION

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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NATHAN TODD DAVIS,

Case No. 2:17-CV-01400-MCE-KJN

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Plaintiff,
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STIPULATION AND ORDER TO EXTEND
DISCOVERY DEADLINE

v.
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WELLS FARGO BANK, NATIONAL
ASSOCIATION, a South Dakota
Corporation, and DOES 1 through 100,
inclusive,
Defendants.

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LITTLE R MEND ELSO N, P .C .
500 Capitol Mall
Suite 2000
Sacram ento, CA 95814
916.830.7200

Firmwide:154781690.1 051995.1111

CASE NO. 2:17-CV-01400-MCE-KJN

STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY DEADLINE

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Plaintiff NATHAN TODD DAVIS and Defendant WELLS FARGO BANK,

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NATIONAL ASSOCIATION, (collectively, “the Parties”), by and through their respective counsel

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of record, hereby stipulate to extend the July 9, 2018, discovery cutoff date by 120 days, until

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November 6, 2018. In support of this stipulation, the parties offer the following:

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The Parties have been diligently working to complete all discovery by the

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current deadline. Defendant has gathered documents potentially responsive to Plaintiff’s written

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requests seeking certain electronically stored information, generally consisting of email

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communications among Plaintiff and various of Defendant’s employees related to the claims and

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defenses in this action. However, after the gathering, processing and searching of those documents

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by Defendant’s electronic discovery vendor, it was discovered that, because of unforeseen technical

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issues, the batch of documents generated did not conform to the search terms agreed to by the

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Parties. The resultant batch contained documents that are not relevant to this action and that

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contained private information of third parties.
2.

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Defendant has been working with its vendor to rectify the problem. However,

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in order to ensure collection of responsive documents, the entire process had to be repeated after the

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technical issues that caused the problem were identified and corrected. This has prevented the Parties

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from completing both written discovery and depositions necessary for prosecution of this matter.
3.

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Defendant anticipates receiving from its vendor batches of responsive, error-

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free documents within the next week. However, because the large volume of documents will require

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lengthy review prior to their use at deposition and in this action, and because additional written

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discovery may be required after review of the produced documents, the Parties will be unable to

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complete all discovery by the current deadline. The Parties therefore need to extend the discovery

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cutoff date by 120 days, until November 6, 2018.

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LITTLE R MEND ELSO N, P .C .
500 Capitol Mall
Suite 2000
Sacram ento, CA 95814
916.830.7200

Firmwide:154781690.1 051995.1111

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CASE NO. 2:17-CV-01400-MCE-KJN

STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY DEADLINE

THEREFORE, subject to the approval of this Court, it is hereby stipulated and

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agreed that the discovery cutoff is extended to November 6, 2018.
IT IS SO STIPULATED.

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Dated:

June 8, 2018

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/s/ Roman Otkupman (as authorized on 06.08.18)
Roman Otkupman, CSBN 249423
Nidah Farishta, CSBN 312360
OTKUPMAN LAW FIRM
Attorneys for Plaintiff
NATHAN TODD DAVIS

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Dated: June 8, 2018

LITTLER MENDELSON, P.C.

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By: /s/ John H. Adams, Jr.
BENJAMIN L. WEBSTER
JOHN H. ADAMS, JR.
Attorneys for Defendant
WELLS FARGO BANK, NATIONAL
ASSOCIATION

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IT IS SO ORDERED.
Dated: June 14, 2018

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LITTLE R MEND ELSO N, P .C .
500 Capitol Mall
Suite 2000
Sacram ento, CA 95814
916.830.7200

Firmwide:154781690.1 051995.1111

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CASE NO. 2:17-CV-01400-MCE-KJN

STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY DEADLINE