Black v. Potter

Filing 57

ORDER extending discovery and motions deadlines (tf, COURT STAFF) (Filed on 3/2/2010)

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S T I P U L A T I O N AND [PROPOSED] ORDER RE D I S C O V E R Y AND SUMMARY JUDGMENT B la c k v. Potter, No. C 08-1344 SI

JOSEPH P. RUSSONIELLO (SBN 44332) United States Attorney JOANN M. SWANSON (SBN 88143) Chief, Civil Division MICHAEL T. PYLE (SBN 172954) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, CA 94102-3495 Telephone: [phone] Fax: [phone] Email: [e-mail] Attorneys for Defendant UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

HAROLD BLACK, Plaintiff,

Docket No. No. C 08-1344 SI E-FILING CASE

v. JOHN E. POTTER, Postmaster General, Defendant.

STIPULATION AND [PROPOSED] ORDER RE DISCOVERY AND SUMMARY JUDGMENT MOTION

Plaintiff and Defendant, by and through their undersigned attorneys, hereby enter into the following stipulation and request its approval by the Court. WHEREAS the deposition of third party Bob Williamson did not take place until February 26, 2010 and will take approximately 10 days for a transcript to be prepared. WHEREAS Plaintiff took a 30(b)(6) deposition of defendant and the parties thereafter agreed that certain questions would be answered in writing by defendant rather than in deposition and that defendant will not be able to complete the written response until March 5, 2010. WHEREAS the fact discovery cut off is February 27, 2010 and the deadline for defendant to move for summary judgment is March 5, 2010.

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ACCORDINGLY, the parties agree that defendant should have until March 5, 2010 to respond to the written questions noted above, that any motion to compel further discovery responses should be 10 days from receipt of the discovery at issue, and that the schedule for summary judgment briefing and hearing should be continued by approximately two weeks.

Respectfully submitted,

DATED: February 26, 2010

______/s/__________________ VANCE WOODWARD Carroll, Burdick & McDonough LLP Attorneys for Plaintiff JOSEPH P. RUSSONIELLO United States Attorney

DATED: February 26, 2010 _______/s/___________________ MICHAEL T. PYLE Assistant U.S. Attorney Attorneys for Defendant PURSUANT TO STIPULATION, IT IS SO ORDERED: 1. Defendant shall have until March 5, 2010 to respond to the written questions posed by Plaintiff in lieu of being asked at a 30(b)(6) deposition; 2. Any motion to compel further discovery responses shall be 10 days from receipt of the discovery at issue; and 3. The summary judgment schedule is modified so that Defendant's motion is due to be filed on or before March 19, 2010, Plaintiff's opposition papers are due on or before April 2, 2010, Defendant's reply papers are due April 9, 2010 and the hearing will be held on April 23, 2010 at 9 a.m. (instead of April 9, 2010 at 9 a.m.).

DATED:_______________

______________________________ The Honorable Susan Illston United States District Court Judge

S T I P U L A T I O N AND [PROPOSED] ORDER RE D I S C O V E R Y AND SUMMARY JUDGMENT B la c k v. Potter, No. C 08-1344 SI

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