Ward v. Equilon Enterprises LLC et al

Filing 61

STIPULATION AND ORDER RE 60 FOR FIFTH EXTENSION OF DISCOVERY AND MEDIATION DEADLINES AND TO RESCHEDULE FURTHER CASE MANAGEMENT CONFERENCE. Signed by Judge Richard Seeborg on 7/29/11. (cl, COURT STAFF) (Filed on 7/29/2011)

*E-Filed 7/29/11*
1 JOSEPH E. ADDIEGO III (CA State Bar No. 169522)
NICK S. VERWOLF (admitted Pro Hac Vice)
2 DAVIS WRIGHT TREMAINE LLP
505 Montgomery Street, Suite 800
3 San Francisco, California 94111
Telephone:
[phone]
[phone]
4 Facsimile:
Email:
[e-mail]
[e-mail]
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DAVIS WRIGHT TREMAINE LLP

6 Attorneys for Defendants
EQUILON ENTERPRISES LLC, and
7 SHELL OIL PRODUCTS COMPANY LLC
8 STEGER P. JOHNSON (CA State Bar No. 83421)
STEVEN J. BELL (CA State Bar No. 126567)
9 JONES, CLIFFORD, JOHNSON, DEHNER,
WONG, MORRISON, SHEPPARD & BELL, LLP
10 100 Van Ness Avenue, 19th Floor
San Francisco, CA 94102
[phone]
11 Telephone:
Facsimile:
[phone]
[e-mail]
12 Email:
13 Attorneys for Plaintiff, KENT WARD
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IN THE UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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KENT WARD,
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)
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Plaintiff,
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v.
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EQUILON ENTERPRISES, LLC, SHELL OIL )
PRODUCTS COMPANY LLC AND DOES 1 )
TO 50, inclusive,
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Defendants.
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Case No. CV 09-04565 RS
STIPULATION AND [PROPOSED
ORDER] FOR FIFTH EXTENSION OF
DISCOVERY AND MEDIATION
DEADLINES AND TO RESCHEDULE
FURTHER CASE MANAGEMENT
CONFERENCE
[Civ. L.R. 6-1(b) 6-2]
Trial Date: None

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Pursuant to Civil Local Rule 6-1(b) and 6-2 of the United States District Court for the
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Northern District of California, it is hereby stipulated by and between Plaintiff Kent Ward and
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Defendants Equilon Enterprises, LLC (“Equilon”) and Shell Oil Products Company LLC
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(“Shell”), by and through their respective counsel of record, as follows:
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STIPULATION FOR FIFTH EXTENSION OF DISCOVERY DEADLINES AND CMC
Case No. CV 09-04565 RS
DWT 17667612v1 0050411-000105

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1) All discovery and expert discovery deadlines set forth in this Court’s April 8, 2010

2 Case Management Scheduling Order and originally extended for a period of 90 (ninety) days per
3 this Court’s October 8, 2010 Stipulation and Order to Extend Discovery and Mediation Deadlines
4 and to Reschedule Further Case Management Conference, and extended another 45 (forty five)
5 days in this Court’s January 20, 2011 Stipulation and Order For Second Extension of Discovery
6 and Mediation Deadlines and to Reschedule Further Case Management Conference, and extended
7 again per this Court’s March 3, 2011 Stipulation and Order for Third Extension of Discovery and
8 Mediation Deadlines and to Reschedule Further Case Management Conference, shall be extended
9 from the current deadlines stated in the March 3, 2011 Order, as follows:
a)

All non-expert discovery shall be completed on or before October 11, 2011;

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DAVIS WRIGHT TREMAINE LLP

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b)

Plaintiff shall disclose expert testimony and reports in accordance with

12 Federal Rule of Civil Procedure 26(a)(2) on or before November 10, 2011;
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c)

Defendants shall disclose expert testimony and reports in accordance with

14 Federal Rule of Civil Procedure 26(a)(2) on or before December 12, 2011;
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d)

All discovery of expert witnesses pursuant to Federal Rule of Civil

16 Procedure 26(b)(4) shall be completed on or before January 20, 2012.
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2) The October 6, 2011 Further Case Management Conference has been rescheduled by

18 the Court in its Order Overruling Objections to Magistrate Judge’s Determination (Docket #59) to
19 January 26, 2012 at 10:00 a.m. in the Courtroom of the Honorable Richard Seeborg, Courtroom 3,
20 17th Floor, United States Courthouse, 450 Golden Gate Avenue, San Francisco, California. The
21 aforesaid Order directs the parties to file a Joint Case Management Statement at least one week
22 prior to the Conference.
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This Stipulation follows the parties’ filing of their Stipulation and [Proposed Order] for

24 Fifth Extension of Discovery and Mediation Deadlines and to Reschedule Further Case
25 Management Conference (Docket #58), which was not ordered by this Court, and this Court’s
26 aforesaid Order (Docket #59). The parties are prepared to continue with discovery in this matter
27 now that this Court has ruled on Defendants’ Motion for Relief from Non-Dispositive Order of
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STIPULATION FOR FIFTH EXTENSION OF DISCOVERY DEADLINES AND CMC
Case No. CV 09-04565 RS
DWT 17667612v1 0050411-000105

1 Magistrate Judge Dated February 24, 2011 (Docket #49), the outcome of which dictates the proper
2 scope of examination of several of the remaining deponents.
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This is the fifth stipulated time modification in this case, as set forth above. No trial date

4 has been set, so this extension will not require that a trial date be rescheduled. The Further Case
5 Management Conference previously set for October 6, 2011 already has been rescheduled by the
6 Court to January 26, 2011.
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IT IS SO STIPULATED.

8 Date: July 25, 2011
DAVIS WRIGHT TREMAINE LLP
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By:

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DAVIS WRIGHT TREMAINE LLP

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/s/ Joseph E. Addiego III
JOSEPH E. ADDIEGO III

Attorneys for Defendants EQUILON ENTERPRISES LLC,
and SHELL OIL PRODUCTS COMPANY LLC

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IT IS SO STIPULATED

15 Date: July 25, 2011
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JONES, CLIFFORD, JOHNSON, DEHNER, WONG,
MORRISON, SHEPPARD & BELL, LLP

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By:

/s/ Steven J. Bell
Steven J. Bell

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Attorneys for Plaintiff KENT WARD

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STIPULATION FOR FIFTH EXTENSION OF DISCOVERY DEADLINES AND CMC
Case No. CV 09-04565 RS
DWT 17667612v1 0050411-000105

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ORDER
Pursuant to stipulation, the foregoing is approved and IT IS SO ORDERED.

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4 DATED: July ___, 2011.
__________________________________________
THE HONORABLE RICHARD SEEBORG
UNITED STATES DISTRICT COURT JUDGE

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DAVIS WRIGHT TREMAINE LLP

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ORDER
Case No. CV 09-04565 RS
DWT 17667612v1 0050411-000105