Bookhamer et al v. Sunbeam Products, Inc.

Filing 87

STIPULATION AND ORDER PERMITTING PLAINTIFFS TO COMPLETE THE DEPOSITION OF RICHARD PRINS AND CONTINUING THE DEADLINE FOR THE REPORT OF PLAINTIFFS' EXPERT re 84 STIPULATION WITH PROPOSED ORDER filed by Mary DiSilvestro, Charles Thomas Martin, Jr., Anthony Bookhamer, Carl DiSilvestro, Lena J. Tryon. Signed by Judge Edward M. Chen on October 5, 2012. (wsn, COURT STAFF) (Filed on 10/5/2012)

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MARY E. ALEXANDER, ESQ. (SBN: 104173)
JENNIFER L. FIORE, ESQ. (SBN: 203618)
Mary Alexander & Associates, P.C.
44 Montgomery Street, Suite 1303
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiffs

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S. MARK VARNEY - 121129
GARRETT SANDERSON, III – 131026
Carroll, Burdick & Mcdonough, LLP
44 Montgomery Street, Suite 400
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANTHONY BOOKHAMER, a minor, by and
through his Guardian ad Litem, LENA J.
TRYON; LENA J. TRYON, as Personal
Representative of the Estate of Victoria
DiSilvestro; CHARLES THOMAS MARTIN,
JR.; CARL DISILVESTRO, a minor, by and
through his Guardian ad Litem, MARY
DISILVESTRO,
Plaintiffs,
vs.
SUNBEAM PRODUCTS, INC.,
Defendant.

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Case No. 09-CV-06027 MHP EMC
STIPULATION AND [PROPOSED]
ORDER PERMITTING PLAINTIFFS TO
COMPLETE THE DEPOSITION OF
RICHARD PRINS AND CONTINUING
THE DEADLINE FOR THE REPORT
OF PLAINTIFFS’ EXPERT WENDELL
HULL AND ANY REBUTTAL
THERETO

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STIPULATION AND [PROPOSED] ORDER PERMITTING PLAINTIFFS TO COMPLETE THE DEPOSITION
OF RICHARD PRINS AND CONTINUING THE DEADLINE FOR THE REPORT OF PLAINTIFFS’ EXPERT
WENDELL HULL AND ANY REBUTTAL THERETO

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It is hereby stipulated by and between the parties, Plaintiffs, Anthony Bookhamer, by and

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through his Guardian ad Litem, Lena J. Tryon; Lena J. Tryon, as Personal Representative of the

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Estate of Victoria DiSilvestro; Charles Thomas Martin, Jr.; and Carl DiSilvestro; and Defendant

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Sunbeam Products, Inc. that the last day for Plaintiffs to produce the written report of expert

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Wendell Hull, Ph.D., be extended to October 26, 2012, so that Plaintiffs can conclude the

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deposition of Sunbeam’s Person Most Knowledge and Senior Product Safety Engineer, Richard

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Prins, on October 23, 2012.

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The basis of this stipulation is that Sunbeam was not able to produce Mr. Prins for the

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conclusion of his deposition before the discovery cut-off date of August 24, due to Mr. Prins’

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schedule and family health issues. Sunbeam had agreed to produce Mr. Prins for deposition on

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September 25, 2012. Due to a health issue with his family, Mr. Prins had to reschedule. Sunbeam

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first advised Plaintiffs of the need to reschedule on September 19, 2012. The earliest Sunbeam can

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produce Mr. Prins is now October 23, 2012.

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Expert disclosures were to occur on September 14, 2012. Because Sunbeam was

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producing Mr. Prins after September 14, the parties agreed that they would disclose experts on

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September 28, 2012 (three days after Prins’ deposition). This was so that Plaintiffs’ engineering

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expert could review the deposition before producing his expert report. On September 28, the

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parties disclosed experts. Per the parties’ agreement of September 27, 2012, Plaintiffs named Dr.

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Hull, but did not produce his report. Because Sunbeam was not able to produce Mr. Prins before

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Plaintiffs had to disclose expert witnesses, the parties agreed on September 27 that Plaintiffs could

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have additional time for Dr. Hull to produce his written report and that Sunbeam would have

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additional time to file a rebuttal to Dr. Hull’s report.

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The parties, therefore, hereby stipulate and respectfully request that Plaintiffs be permitted

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to conclude the deposition of Mr. Prins on October 23, 2012, that the last day for Plaintiffs to

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produce the written report of Dr. Hull be extended to October 26, 2012, and that Sunbeam have

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until November 16, 2012 to file any rebuttal report to Dr. Hull’s report.

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STIPULATION AND [PROPOSED] ORDER PERMITTING PLAINTIFFS TO COMPLETE THE DEPOSITION
OF RICHARD PRINS AND CONTINUING THE DEADLINE FOR THE REPORT OF PLAINTIFFS’ EXPERT
WENDELL HULL AND ANY REBUTTAL THERETO

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IT IS SO STIPULATED.
DATED: October 4, 2012

MARY ALEXANDER & ASSOCIATES, P.C.

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By:

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DATED: October 4, 2012

/s/ Mary E. Alexander
Mary E. Alexander, Esq.
Jennifer L. Fiore, Esq.
Attorneys for Plaintiffs

CARROLL, BURDICK & MCDONOUGH, LLP

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By:

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/s/ S. Mark Varney
S. Mark Varney, Esq.
Garrett Sanderson, III, Esq.
Attorneys for Defendant

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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The last date for Plaintiffs to conclude the deposition of Mr. Prins is October 23, 2012.

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The last day for Plaintiffs to produce the expert report of Dr. Hull is October 26, 2012. Sunbeam

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will have until November 16, 2012 to file any rebuttal report to Dr. Hull’s report.

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October 5
DATED: ____________, 2012

______________________________________________
THE HONORABLE EDWARD M. CHEN

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STIPULATION AND [PROPOSED] ORDER PERMITTING PLAINTIFFS TO COMPLETE THE DEPOSITION
OF RICHARD PRINS AND CONTINUING THE DEADLINE FOR THE REPORT OF PLAINTIFFS’ EXPERT
WENDELL HULL AND ANY REBUTTAL THERETO