Simon v. Adzilla, Inc [New Media] et al

Filing 169

Simon v. Adzilla, Inc [New Media] et al

Doc. 169

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BARGER & WOLEN LLP
650 CALIFORNIA STREET NINTH FLOOR SAN FRANCISCO, CA 94108 [phone]

J. Russell Stedman (117130) Maria A. Tahmouresie (214994) BARGER & WOLEN LLP 650 California Street, 9th Floor San Francisco, California 94108-2200 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant SUN LIFE ASSURANCE COMPANY OF CANADA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ELIZABETH WILKERSON,

) Case No: Case No: C- 03-04926 RW ) Plaintiff, ) STIPULATION AND [PROPOSED] ORDER ) CONTINUING DISCOVERY CUT-OFF v. ) ) RIFFAGE.COM DISABILITY INCOME ) PROTECTION PROGRAM, SUN LIFE ) ASSURANCE COMPANY OF CANADA, ) ) Defendants. ) ) Plaintiff Elizabeth Wilkerson ("Wilkerson"), and Defendant Sun Life Assurance Company of Canada ("Sun Life"), through their respective counsel, by and through their counsel of record, hereby submit the following stipulation: 1. On October 18, 2004, the Court issued an order (the "Order") allowing Wilkerson

sixty (60) days to conduct certain discovery. Under that Order, any such discovery must be completed on or before December 17, 2004. The Court also ordered (a) that Wilkerson file a supplemental brief on the standard of review by January 6, 2005; that Sun Life file a response by January 12, 2005; and (c) that the parties attend a further case management conference on January 14, 2005. 2. On the same date, October 18, 2004, Wilkerson sent Sun Life a Request to Produce

Documents and a Notice of Depositions.
i:\office9\9795\072\04pleadings\stip re discovery cutoff v2.doc

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Dockets.Justia.com

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2. 3.

The parties disagree on the scope of permissible discovery allowed under the Order. On November 4, 2004, Sun Life filed a motion for a protective order and for

clarification as to the proper scope of discovery. That motion is currently set to be heard on December 10, 2004. 4. Due to this briefing schedule for this Motion, and Sun Life's preference to have the

Motion heard before the production is due and the deposition taken, the parties anticipate that they will be unable to complete discovery by the current deadline of December 17, 2004. 5. The parties have agreed to extend the current discovery deadline to January 31, 2005.

This extension will enable the parties to complete discovery following the hearing and anticipated ruling on Sun Life's motion. The parties request that the January 6, 2005 and January 12, 2005 briefing deadlines, and the January 14, 2005 case management conference date, be continued to dates convenient to the Court in February 2005.

November 19, 2004

BARGER & WOLEN LLP

By:

/s/ Maria Tahmouresie J. RUSSELL STEDMAN MARIA A. TAHMOURESIE Attorneys for Defendant SUN LIFE ASSURANCE COMPANY OF CANADA

November 19, 2004

RONALD DEAN, ESQ.

By:

/s/ Ronald Dean RONALD DEAN Attorneys for Plaintiff ELIZABETH WILKERSON

i:\office9\9795\072\04pleadings\stip re discovery cutoff v2.doc
BARGER & WOLEN LLP
650 CALIFORNIA STREET NINTH FLOOR SAN FRANCISCO, CA 94108 [phone]

-2 STIPULATION AND [PROPOSED] ORDER CONTINUING DISCOVERY CUT-OFF

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i:\office9\9795\072\04pleadings\stip re discovery cutoff v2.doc
BARGER & WOLEN LLP
650 CALIFORNIA STREET NINTH FLOOR SAN FRANCISCO, CA 94108 [phone]

ORDER GOOD CAUSE APPEARING THEREFOR, IT IS ORDERED THAT the discovery deadline in this matter, currently set for December 17, 2004, be continued to January 31, 2005. Wilkerson's supplemental brief on the standard of review must be filed by ______________, 2005. Sun Life's response must be filed by ________________, 2005. A further case management conference will be held on __________________, 2005.

IT IS SO ORDERED. DATED: __________________, 2004.

_____________________________________ Honorable Ronald Whyte Judge of the United States District

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