Raymonde v. Mirant California LLC

Filing 33

STIPULATION AND ORDER CONTINUING DISCOVERY CUT-OFF DATES. Signed by Judge Alsup on May 13, 2009. (whalc1, COURT STAFF) (Filed on 5/13/2009)

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Timothy J. Murphy (State Bar No. 54200) Jennifer K. Achtert (State Bar No. 197263) FISHER & PHILLIPS LLP One Embarcadero Center, Suite 2340 San Francisco, CA 94111-3712 Telephone: [phone] Facsimile: [phone] [e-mail] Steven W. Likens (admitted pro hac vice) Kiesewetter Wise Kaplan Prather, PLC 3725 Champion Hills Drive, Suite 3000 Memphis, TN 38125 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Defendant MIRANT CALIFORNIA, LLC

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

FRANK RAYMONDE, Plaintiff, v. MIRANT CALIFORNIA, LLC, and Does 1 through 20, inclusive, Defendants.

Case No.: C 08-03733 WHA STIPULATION AND [PROPOSED] ORDER CONTINUING DISCOVERY CUT-OFF DATES

Complaint Filed: May 20, 2008 Trial Date: November 30, 2009

Due to the need on the part of the Parties to extend the time for completion of discovery so as to insure the full preparation for trial, and the retention of appropriate expert witnesses, the Parties, by and through their counsel, hereby stipulate to a forty-five (45) day extension of the discovery deadlines set forth below. In particular, the Parties agree that a continuance of the discovery deadlines is necessary and appropriate due to the lengthy illness of Defendant's lead counsel, Steve Likens, and the resulting conflicts with the trial schedule of Plaintiff's counsel. Mr. Likens was admitted to a
___________________________________________________________________________________________________________________ STIPULATION AND [PROPOSED] ORDER CONTINUING DISCOVERY CUT-OFF DATES C-08-03733 WHA 1 SanFrancisco 108614.1

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hospital in New Orleans on February 18, 2009, while traveling on business. After returning to his home in Senatobia, Mississippi, the following week, he remained under his doctor's care and off work for several weeks. Then, on March 13, 2009, he was admitted to Baptist Memorial Hospital-DeSoto in Southaven, Mississippi, for further treatment. There, he underwent two lung surgeries and remained in the hospital until March 31, 2009, after which he remained off work and restricted from driving. His doctors released him to return to work on May 1, but continue to restrict him from lifting and traveling for four more weeks. Mr. Likens will take the deposition of Plaintiff, defend the depositions of any of Defendant's management employees, and will attend any other depositions scheduled in this case. Further, Plaintiff's counsel, Daniel Bacon, is starting trial against the San Francisco Zoo this month, and has trials scheduled in June and July, as well. IT IS HEREBY AGREED AND STIPULATED by and between the parties, through their respective counsel, that the relevant discovery deadlines be continued for 45 days, as follows:

Event Non-expert discovery cut-off Expert witness disclosure

Present Schedule July 31, 2009 July 31, 2009

Continued Schedule September 14, 2009 September 14, 2009

The deadlines for disclosing responsive expert testimony and reply expert testimony, as well as the deadlines for completion of expert discovery and for service of the list of issues for expert testimony shall be calculated from the continued dates.

The other deadlines set forth in the Case Management Order and Reference to ADR Unit for Mediation filed November 21, 2008, shall remain in place. /// /// ///
___________________________________________________________________________________________________________________ STIPULATION AND [PROPOSED] ORDER CONTINUING DISCOVERY CUT-OFF DATES C-08-03733 WHA 2 SanFrancisco 108614.1

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IT IS SO STIPULATED: Dated: May _____, 2009 LAW OFFICES OF DANIEL RAY BACON

By: __________________________________ DANIEL RAY BACON Attorneys for Plaintiff Frank Raymonde Dated: May 7, 2009 FISHER & PHILLIPS LLP

By: /s/ Jennifer K. Achtert_______________ JENNIFER ACHTERT Attorneys for Defendant Mirant California, LLC

ORDER Based on the stipulation of the parties, it is hereby ORDERED that the scheduled dates regarding discovery are continued as follows: Event Non-expert discovery cut-off Expert witness disclosure Present Schedule July 31, 2009 July 31, 2009 Continued Schedule September 14, 2009 September 14, 2009

The deadlines for disclosing responsive expert testimony and reply expert testimony, as well as the deadlines for completion of expert discovery and for service of the list of issues for expert testimony shall be calculated from the continued dates. The other deadlines set forth in the Case Management Order and Reference to ADR Unit for Mediation filed November 21, 2008, shall remain in place.
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May 13, 2009 Dated: _________________

________________________________ ERED Hon. William H. Alsup UNITED STATES DISTRICT JUDGE Alsup
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