American Council of the Blind et al v. Barnhart et al

Filing 162

STIPULATION AND ORDER TO AMEND THE FACT DISCOVERY CUT-OFF DATE. Signed by Judge Alsup on March 27, 2009. (whalc1, COURT STAFF) (Filed on 3/27/2009)

Case 3:05-cv-04696-WHA

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1 Henry C. Su (SBN 211202; [e-mail]) Marilee C. Wang (SBN 232432; [e-mail]) 2 Howrey LLP 1950 University Avenue, 4th Floor 3 East Palo Alto, CA 94303 4 Telephone: [phone] Facsimile: [phone] 5 Attorneys for Plaintiffs 6 Marsha S. Edney (D.C. Bar) 7 Daniel Riess (Texas Bar) Scott Risner (Michigan Bar) 8 United States Department of Justice Civil Division, Federal Programs Branch 9 20 Massachusetts Avenue, N.W. 10 Washington, D.C. 20530 Telephone: [phone] Facsimile: [phone] [e-mail] 12 Attorneys for Defendants 13 14 15 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA: SAN FRANCISCO DIVISION Case No. C 05-04696 WHA CLASS ACTION STIPULATION AND [PROPOSED] ORDER TO AMEND THE FACT DISCOVERY CUTOFF DATE UNDER THE CASE MANAGEMENT ORDER

16 AMERICAN COUNCIL OF THE BLIND, a District of Columbia non-profit corporation, 17 SCARLETT MILES, MARVELENA 18 QUESADA, ARLENE DOHERTY, ALICE MARJORIE DONOVAN, BILLIE JEAN 19 KEITH, GEORGE P. SMITH, MARY ANN ALEXANDER, AND LAURA M. RUSSELL on 20 behalf of themselves and all others similarly situated, 21 22 23 vs. Plaintiffs,

24 MICHAEL ASTRUE, Commissioner of the Social Security Administration, in his official 25 capacity, and SOCIAL SECURITY ADMINISTRATION, 26 Defendants. 27 28
STIPULATION TO AMEND THE CASE MANAGEMENT CONFERENCE ORDER Case No. C 05-04696 WHA

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STIPULATION WHEREAS Plaintiffs and Defendants are working together on scheduling and completing the

3 remaining four depositions of Defendants pursuant to Rule 30(b)(6) of the Federal Rules of Civil 4 Procedure and Plaintiffs' pending Requests for Inspection; 5 6 WHEREAS the current cut-off date for fact discovery is Tuesday, March 31, 2009, WHEREAS to facilitate scheduling, the parties would like to have the entire work week

7 beginning March 30, 2009 within which to conduct the remaining depositions, and until April 7, 2009 8 to prepare for and conduct the inspections; 9 ACCORDINGLY, pursuant to Civil Local Rules 6-1(b) and 6-2(a), the parties through their

10 respective attorneys of record hereby stipulate to, and respectfully propose that this Court adopt, a one 11 week extension of the close of fact discovery as set forth in the Revised Case Management Order 12 (Docket No. 148) from Tuesday, March 31, 2009 to Tuesday, April 7, 2009, for the limited purposes 13 set forth hereunder. The parties agree that the close of fact discovery for all other matters will remain 14 on March 31. 15 The parties agree that the extension of the date for close of fact discovery to April 3, 2009 is for

16 the limited purpose of completing the Rule 30(b)(6) depositions of Defendants and the extension of the 17 date for close of fact discovery to April 7, 2009 is for the limited purpose of completing Plaintiffs' 18 requests for inspection. 19 All other dates under the Federal Rules of Civil Procedure and the Case Management Order

20 shall not be affected by this amendment. 21 This Court previously issued an order (Docket No. 148) on December 12, 2009 granting the

22 parties' joint motion to amend the case management schedule set forth on February 29, 2008 (Docket 23 Nos. 59) as follows: the non-expert discovery cut-off date was amended to March 31, 2009; the last 24 date for designation of expert testimony and disclosure of full expert reports was amended to March 25 31, 2009; the last date to file dispositive motions was amended to June 15, 2009; the date of the final 26 pretrial conference was amended to August 24, 2009; and the first date of bench trial was amended to 27 28
STIPULATION TO AMEND THE CASE MANAGEMENT CONFERENCE ORDER Case No. C 05-04696 WHA 1

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1 September 8, 2009. On January 23, 2009, the Court issued an order amending the last date to file 2 dispositive motions to June 18, 2009 (Docket No. 152). 3 4 Dated: March 26, 2009 5 6 7 8 9 10 Dated: March 26, 2009 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATION TO AMEND THE CASE MANAGEMENT CONFERENCE ORDER Case No. C 05-04696 WHA 2

By: /s/ Marilee C. Wang Marilee C. Wang Howrey LLP 1950 University Avenue, 4th Floor East Palo Alto, CA 94303 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs By: /s/ Scott Risner United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, N.W. Washington, D.C. 20530 [phone] (telephone) [phone] (fax) [e-mail] Attorneys for Defendants

ORDER Pursuant to the parties' stipulation, and for good cause appearing, it is SO ORDERED. Dated: March 27, 2009
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Case 3:05-cv-04696-WHA

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Filer's Attestation I, Scott Risner, am the ECF User whose identification and password are being used to file

3 this Stipulation to Amend the Joint Case Management Statement. Pursuant to General Order No. 4 45, § X(B), I attest under penalty of perjury that concurrence in the filing of the document has 5 been obtained from Marilee C. Wang. 6 Dated: March 26, 2009 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATION TO AMEND THE CASE MANAGEMENT CONFERENCE ORDER Case No. C 05-04696 WHA 3

By:

/s/ Scott Risner