Lewis v. The CCPOA Benefit Trust Fund

Filing 119

ORDER continuing hearing on 117 Plaintiff's motion to strike changes to deposition testimony and to compel production of documents. Motion Hearing set for 8/26/2010 11:00 AM in Courtroom 4, 3rd Floor, Oakland. Signed by Judge Donna M. Ryu on 6/18/10. (dmrlc1, COURT STAFF) (Filed on 6/18/2010)

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1 2 3 4 5 6 7 8 9 PILLSBURY & LEVINSON, LLP The Transamerica Pyramid 600 Montgomery Street, 31st Floor San Francisco, CA 94111 Terrence J. Coleman (State Bar No. 172183) Brian H. Kim (State Bar No. 215492) PILLSBURY & LEVINSON, LLP The Transamerica Pyramid 600 Montgomery St., 31st Floor San Francisco, California 94111 Telephone: (415) 433-8000 Facsimile: (415) 433-4816 Email: tcoleman@pillsburylevinson.com bkim@pillsburylevinson.com Attorneys for Plaintiff KEN LEWIS UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -1STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE FOR PLAINTIFF'S MOTION TO STRIKE CHANGES TO DEPOSITION TESTIMONY AND TO COMPEL PRODUCTION OF DOCUMENTS Case No. CV 08-03228 VRW KEN LEWIS, Plaintiff, v. CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION; CCPOA BENEFIT TRUST FUND; THE CCPOAS BENEFIT TRUST FUND HEALTH AND WELFARE PLAN and DOES 1 through 20, inclusive, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. C 08-3228 VRW (DMR) STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE FOR PLAINTIFF'S MOTION TO STRIKE CHANGES TO DEPOSITION TESTIMONY AND TO COMPEL PRODUCTION OF DOCUMENTS IT IS HEREBY STIPULATED by and between Plaintiff KEN LEWIS and Defendants The CALIFORNIA CORRECTIONAL PEACE OFFICER ASSOCIATION BENEFIT TRUST FUND and the CCPOA BENEFIT TRUST FUND HEALTH AND WELFARE PLAN, through their respective counsel, that; 1. Per the Notice of Reference and Order Re: Discovery Procedures (Doc. #117), Plaintiff's motion to strike deposition testimony and to compel production of documents has been set for August 12, 2010 at 11:00 a.m. before Magistrate Judge Donna M. Ryu; 1 2 3 4 5 6 7 8 9 PILLSBURY & LEVINSON, LLP The Transamerica Pyramid 600 Montgomery Street, 31st Floor San Francisco, CA 94111 2. On June 16, 2010 Plaintiff's counsel was informed by Defendants' counsel via e-mail that Defendants' counsel will be unavailable for the August 12, 2010 hearing date for the motion because of a previously planned vacation; and 3. In light of the unavailability of Defendants' counsel for the August 12, 2010 hearing date, the parties stipulate to continue the hearing date for Plaintiff's motion from August 12, 2010 to August 26, 2010 at 11:00 a.m. Dated: June 17, 2010 PILLSBURY & LEVINSON, LLP 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: June 17, 2010_______ By:__/s/ Brian H. Kim____________ Brian H. Kim Attorneys for Plaintiff, KEN LEWIS TRUCKER HUSS By:__/s/ Robert F. Schwartz___________ Robert F. Schwartz Attorneys for Defendants, CCPOA BENEFIT TRUST FUND and CCPOA BENEFIT TRUST FUND HEALTH AND WELFARE PLAN [PROPOSED] ORDER Per the parties' stipulation, IT IS ORDERED that the hearing date for Plaintiff's motion to strike changes to deposition testimony and to compel production of documents shall be continued from August 12, 2010 to August 26, 2010 at 11:00 a.m. Per Chief Judge Walker's referral order (Docket No. 116), the briefing schedule shall remain as follows: Plaintiff shall be permitted until June 18, 2010 to file and serve his motion to strike and motion to compel. Defendants shall be permitted until July 2, 2010 to file their oppositions to Plaintiff's motions. -2STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE FOR PLAINTIFF'S MOTION TO STRIKE CHANGES TO DEPOSITION TESTIMONY AND TO COMPEL PRODUCTION OF DOCUMENTS Case No. CV 08-03228 VRW 1 2 3 4 5 6 7 8 9 PILLSBURY & LEVINSON, LLP The Transamerica Pyramid 600 Montgomery Street, 31st Floor San Francisco, CA 94111 Plaintiff shall be permitted until July 11, 2010 to file a reply brief in support of his motions. UNIT ED ISTRIC ES D TC AT T RT U O IT IS SO ORDERED. S IS T RIC T 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE FOR PLAINTIFF'S MOTION TO STRIKE CHANGES TO DEPOSITION TESTIMONY AND TO COMPEL PRODUCTION OF DOCUMENTS Case No. CV 08-03228 VRW A LI FO DATED: __June 18, 2010_______ onna _____________________________ Judge D HON. DONNA M. RYU ER C N MAGISTRATE JUDGE UNITED STATES D OF RT H M. Ryu R NIA O IT IS S ORDER ED NO

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