Smith v. Cardinal Logistics Management Corporation

Filing 111

STIPULATION AND ORDER Re Expert Report. Signed by Judge Samuel Conti on 5/8/09. (tdm, COURT STAFF) (Filed on 5/8/2009)

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CHAVEZ & GERTLER, LLP JONATHAN E. GERTLER (SBN: 111531) 42 Miller Avenue Mill Valley, California 94941 Telephone: [phone] Facsimile: [phone] [e-mail] LAW OFFICES OF KIM E. CARD Kim E. Card (SBN: 147779) 1690 Sacramento Street Berkeley, California 94702 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Plaintiffs GERALD SMITH, et al., and the Certified Plaintiff Class UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

) Case No.: C07-02104 SC ) ) CLASS ACTION ) ) Plaintiffs, ) STIPULATION RE: EXPERT REPORT ) vs. ) ) ) CARDINAL LOGISTICS MANAGEMENT ) CORPORATION, a North Carolina Corporation; and Does 1 through 100, inclusive, ) ) ) Defendants. GERALD SMITH, SAMIR RADY, FLORENTINO FIGUEROA, on behalf of themselves and all others similarly situated,

STIPULATION RE: EXPERT REPORT

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Pursuant to Local Rule 6-1(a), the parties to the above-entitled action, through their respective counsel, hereby stipulate and agree as follows: 1. On March 2, 2009, the Court entered its Order Granting Plaintiffs' Administrative Motion for Continuance [of Defendant's Motion for Partial Summary Judgment] [Document #100]. 2. Under the terms of the Court's Order, Plaintiffs were to submit their expert report to Defendant within sixty (60) days of the Order (i.e., by May 1, 2009). 3. Plaintiffs' counsel subsequently requested a one-week extension of this date, to which Defendant's counsel agreed. 4. Accordingly, the Parties agree that the expert report will be provided to Defendant's

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counsel on or before May 8, 2009. 5. Defendant will have sixty (60) days from the new date, May 8, 2009, within which to depose Plaintiff's expert, should Defendant's counsel so choose. IT IS SO STIPULATED. Dated: May 1, 2009 CHAVEZ & GERTLER LLP LAW OFFICES OF KIM E. CARD By: ______________/s/____________ KIM E. CARD Attorneys for Plaintiffs Smith, et al, and the Certified Plaintiff Class SCOPELITIS, GARVIN, LIGHT & HANSON
ED ORDER
amuel C onti

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5/8/09
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By: __________/s/_______________________ Robert L. Browning Attorneys for Defendant CARDINAL LOGISTICS MANAGEMENT CORPORATION

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: ___________, 2009

________________________________ THE HONORABLE SAMUEL CONTI UNITED STATES DISTRICT JUDGE

ATTESTATION REGARDING THE SIGNATURE OF NON-FILING COUNSEL I, Kim E. Card, co-counsel for the Plaintiffs in this action declare that, prior to the electronic filing of this Stipulation, I attained a faxed or scanned copy of the signature of Defendant's counsel thereon, verifying Defendant's approval of this Stipulation, and concurrence in the filing of the document. Dated: May 1, 2009 _____________/s/________________________ KIM E. CARD

2 STIPULATION RE: EXPERT REPORT