Kim v. Interdent, Inc.

Filing 94

ORDER RE: EXTENSION OF DISCOVERY (tf, COURT STAFF) (Filed on 5/28/2010)

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JAMES MCMANIS (40958) NEDA MANSOORIAN (207832) SHARON KIRSCH (157157) MATTHEW SCHECHTER (212003) ELIZABETH PIPKIN ( McMANIS FAULKNER A Professional Corporation 50 West San Fernando Street, 10th Floor San Jose, California 95113 Telephone: [phone] Facsimile: 408-279-3244 Attorneys for Plaintiff, SARAH KIM UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION SARAH KIM, Individually and as Successor in Interest to RICHARD D. BAE, D.D.S., Deceased, Plaintiff, vs. INTERDENT, INC., a Delaware corporation, a/k/a INTERDENT SERVICE CORPORATION, a Washington corporation, a/k/a GENTLE DENTAL, a/k/a MOUNTAIN VIEW DENTAL, a/k/a BLUE OAK DENTAL GROUP, a/k/a DEDICATED DENTAL, a/k/a AFFORDABLE DENTAL CARE, a/k/a CAPITAL DENTAL, and DOES 1-50, inclusive, Defendants. Case No. CV-08-5565-SI STIPULATION AND [PROPOSED] ORDER EXTENDING THE MOTION TO COMPEL DEADLINE AS TO SELECTED DISCOVERY

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STIPULATION AND [PROPOSED] ORDER EXTENDING THE MOTION TO COMPEL DEADLINE AS TO SELECTED DISCOVERY; CASE NO. CV-08-5565-SI

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Plaintiff, Sarah Kim, Individually and as Successor in Interest to Richard D. Bae, D.D.S., Deceased ("plaintiff"), and defendants, Interdent, Inc., a Delaware corporation, a/k/a Interdent Service Corporation, a Washington corporation, a/k/a Gentle Dental, a/k/a Mountain View Dental, a/k/a Blue Oak Dental Group, a/k/a Dedicated Dental, a/k/a Affordable Dental Care, and a/k/a Capital Dental (collectively, "defendants"), by and through their respective attorneys of record, hereby stipulate as follows: 1. With limited exceptions pursuant to stipulation and order or per a specific Court

order, fact discovery closed in this case on Wednesday, May 12, 2010. Expert discovery closes on June 28, 2010 2. Local Rule 37-3 states that: "Where the Court has set separate deadlines for fact

and expert discovery, no motions to compel fact discovery may be filed more than 7 days after the fact discovery cut-off[.]" 3. Here, except for otherwise ordered, the deadline for filing a motion to compel as

to fact discovery is Wednesday, May 19, 2010. 4. Plaintiff, on May 14, 2010, sent meet and confer letters to defendant regarding

responses to form interrogatories, special interrogatories, document requests, and a document only subpoena served on Michael S. Tancio, D.M.D., A Dental Corporation. 5. On May 17, 2010, in response to plaintiff's meet and confer letters, defendant said

that it will provide supplemental responses as to the following: form interrogatories number 15.1 and 16.1, special interrogatories number 11 and 14, document requests number 67 and 68 as well as those requests seeking email communications, and the subpoena served on Michael S. Tancio, D.M.D., A Dental Corporation. 6. The parties agree that they would be best served if defendant provided its

supplemental responses for plaintiff's review, along with the opportunity for further meet and confer on the supplemental responses, before plaintiff was forced to file a motion to compel with the Court. /// ///
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STIPULATION AND [PROPOSED] ORDER EXTENDING THE MOTION TO COMPEL DEADLINE AS TO SELECTED DISCOVERY; CASE NO. CV-08-5565-SI ELECTED DISCOVERY; CASE NO. CV-08-5565-SI

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7.

Defendant will produce its supplemental responses on a rolling basis, but no later

than May 28, 2010. 8. As to the responses and supplemental responses to form interrogatories number

15.1 and 16.1, special interrogatories number 11 and 14, document requests number 67 and 68, and the third-party subpoena served on Michael S. Tancio, D.M.D., A Dental Corporation, plaintiff will have one (1) week from the date of service of each supplemental response to engage in further meet and confer with defendant and, if necessary, file a motion to compel with the Court. 9. As to the document requests regarding any and all electronic mail, the deadline to

bring a motion to compel as to that particular discovery issue is continued to June 14, 2010. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// ///
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STIPULATION AND [PROPOSED] ORDER EXTENDING THE MOTION TO COMPEL DEADLINE AS TO SELECTED DISCOVERY; CASE NO. CV-08-5565-SI ELECTED DISCOVERY; CASE NO. CV-08-5565-SI

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10.

On or about April 20, 2010, a third-party subpoena, seeking documents, was

served on the Robert P. Nakaki Dental Corporation ("Nakaki Dental") by Quest Discovery Services ("Quest"). Quest is still working with Nakaki Dental on obtaining any documents that are responsive to the subpoena. The parties hereby agree that plaintiff has until June 4, 2010 to file any motion to compel as to the subpoena. IT IS SO STIPULATED. Dated: May 19, 2010 McMANIS FAULKNER

//s//___ MATTHEW SCHECHTER Attorneys for Plaintiff, SARAH KIM Dated: May 19, 2010

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LEWIS BRISBOIS BISGAARD & SMITH LLP

//s// __ CHARLES O. THOMPSON ALICE CONWAY POWERS

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Attorneys for Defendants, INTERDENT, INC., a Delaware corporation, a/k/a INTERDENT SERVICE CORPORATION, a Washington corporation, a/ka GENTLE DENTAL, a/k/a MOUNTAIN VIEW DENTAL, a/k/a BLUE OAK DENTAL GROUP, a/k/a DEDICATED DENTAL, a/k/a AFFORDABLE DENTAL CARE, a/k/a CAPITAL DENTAL ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: ___________________

______________________________________ HONORABLE SUSAN ILLSTON UNITED STATES DISTRICT JUDGE NORTHERN DISTRICT OF CALIFORNIA

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STIPULATION AND [PROPOSED] ORDER EXTENDING THE MOTION TO COMPEL DEADLINE AS TO SELECTED DISCOVERY; CASE NO. CV-08-5565-SI ELECTED DISCOVERY; CASE NO. CV-08-5565-SI