De Souza v. The Regents of the University of California

Filing 13

ORDER EXTENDING PRETRIAL DEADLINES re 12 Stipulation filed by Mercedes De Souza, Michael Adams, The Regents of the University of California. Signed by Judge Maria-Elena James on 1/7/2010. (mejlc1, COURT STAFF) (Filed on 1/7/2010)

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Embarcadero Center West 275 Battery Street, Suite 2000 San Francisco, CA 94111

MICHAEL T. LUCEY (SBN: 99927) JON C. YONEMITSU (SBN: 199026) GORDON & REES LLP Embarcadero Center West 275 Battery Street, Twentieth Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] [e-mail] jyo [e-mail] Attorneys for Defendants THE REGENTS OF THE UNIVERSITY OF CALIFORNIA and MICHAEL ADAMS RICHARD HOYER (SBN 151931) LAW OFFICES OF RICHARD HOYER 240 Stockton Street, 9th Floor San Francisco, CA 94108 Telephone: [phone] Facsimile: [phone] [e-mail] Attorney for Plaintiff MERCEDES DE SOUZA UNITED STATE DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO DIVISION) MERCEDES DE SOUZA, Plaint iff, v. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA and MICHAEL ADAMS, Defendant. ) ) ) ) ) ) ) ) ) ) ) CASE NO. CV-09-2726-MEJ STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY DATES

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This Stipulation to extend the discovery dates is entered into by and between Defendants THE REGENTS OF THE UNIVERSITY OF CALIFORNIA and MICHAEL ADAMS ("Defendants") and plaintiff MERCEDES DE SOUZA by and through their respective counsel, with reference to the following facts: 1. WHEREAS, pursuant to the Case Management Order for this matter, expert 1
STIPULATION and [PROPOSED] ORDER RE: EXTENDING DISCOVERY DATES USDC Northern District, Case No. CV-09-2726-MEJ

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disclosures are to be completed by March 1, 2010, rebuttal expert witness disclosures are to be completed by March 11, 2010 and all discovery shall be completed by March 26, 2010; 2. WHEREAS, pursuant to Rule 16(b)(4) of the Federal Rules of Civil Procedure,

the Parties seek to modify the Case Management Order; 3. WHEREAS, the Parties have agreed to proceed with private mediation with

Jeffrey Ross in Oakland on February 10, 2010. In an effort to minimize litigation expenses prior to mediation, the Parties have agreed to postpone continued discovery until after the mediation on February 10. Should the case not settle at mediation, the Parties intend to continue with discovery that will include, at the very least, depositions of named parties and additional written discovery. The discovery after mediation, should mediation prove unsuccessful, will lead to the discovery of admissible evidence at trial for which the Parties' respective expert witnesses will likely consider and rely upon in formulating their respective opinions and conclusions. As the continued discovery efforts of the Parties will continue past the current date for expert disclosures (March 1, 2010), should the case not resolve at the mediation on February 10, 2010, the Parties stipulate to continue the date to disclose experts to allow the Parties' respective experts time to consider information obtained from the continued discovery; 5. WHEREAS, the Parties seek to extend the date to disclose experts. The Parties

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further stipulate to extend subsequent pre-trial dates as affected by the extension of the date to disclose experts; 6. WHEREAS, the Parties hereby stipulate and respectfully request the Court to

modify its September 17, 2009, Case Management Order to extend the pre-trial deadlines as follows, or to dates thereafter convenient to the Court: Event Expert Disclosures: Supplemental/Rebuttal Expert Disclosures: Discovery Cut-Off: Disposit ive Motion Filing: Disposit ive Motion Hearing: -2STIPULATION and [PROPOSED] ORDER RE: EXTENDING DISCOVERY DATES USDC Northern District, Case No. CV-09-2726-MEJ

Current Date March 1, 2010 March 11, 2010 March 26, 2010 April 22, 2010 May 27, 2010

Proposed Date April 30, 2010 May 12, 2010 May 26, 2010 June 9, 2010 July 15, 2010

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Embarcadero Center West 275 Battery Street, Suite 2000 San Francisco, CA 94111

7.

WHEREAS, the Parties agree they will not suffer prejudice as a result of the

extension of the discovery deadlines set forth above; 8. 9. WHEREAS, the trial date remains the same; This Stipulation to extend discovery dates may be executed by attorneys of record

in separate parts with facsimile signatures acceptable. SO STIPULATED. Dated: January 6, 2010 GORDON & REES LLP /s/ By: ___________________ Michael T. Lucey Jon C. Yonemitsu Attorneys for Defendant THE REGENTS OF THE UNIVERSITY OF CALIFORNIA and MICHAEL ADAMS

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LAW OFFICES OF RICHARD HOYER By: /s/ ___________________ Richard Hoyer Attorney for Plaintiff MERCEDED DE SOUZA

[PROPOSED] ORDER Pursuant to the stipulation of the Parties, good cause appearing therefore, the following discovery pre-trial deadlines are extended as follows: Event Expert Disclosures: Supplemental/Rebuttal Expert Disclosures: Discovery Cut-Off: Disposit ive Motion Filing: Disposit ive Motion Hearing: Current Date March 1, 2010 March 11, 2010 March 26, 2010 April 22, 2010 May 27, 2010 Proposed Date April 30, 2010 May 12, 2010 May 26, 2010 June 9, 2010 July 15, 2010

STIPULATION and [PROPOSED] ORDER RE: EXTENDING DISCOVERY DATES USDC Northern District, Case No. CV-09-2726-MEJ

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Embarcadero Center West 275 Battery Street, Suite 2000 San Francisco, CA 94111

IT IS SO ORDERED. Dated: January 7, 2010 ________________________________________ Chief Magistrate Judge Maria-Elena James

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UCR/1057490/7390980v.1

-4STIPULATION and [PROPOSED] ORDER RE: EXTENDING DISCOVERY DATES USDC Northern District, Case No. CV-09-2726-MEJ