Sender v. Franklin Resources Inc

Filing 224

STIPULATION AND ORDER re 223 STIPULATION WITH PROPOSED ORDER Permitting Deposition of Nicole Smith on 6-3-2016 filed by Franklin Resources Inc. Signed by Judge Edward M. Chen on 5/4/16. (bpf, COURT STAFF) (Filed on 5/4/2016)

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Jonathan C. Dickey, No. 88226
Steven J. Johnson, No. 121568
GIBSON, DUNN & CRUTCHER LLP
1881 Page Mill Road
Palo Alto, CA 94304-1211
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
[e-mail]
R. Bradford Huss, No. 71303
Clarissa A. Kang, No. 210660
Sean T. Strauss, No. 245811
TRUCKER  HUSS, A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant
FRANKLIN RESOURCES, INC.
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Gibson, Dunn &
Crutcher LLP

SAN FRANCISCO DIVISION
JOHN SENDER,
Plaintiff,
v.
FRANKLIN RESOURCES, INC. and DOES
1-15,

CASE NO. 11-cv-3828 EMC
STIPULATION AND [PROPOSED] ORDER
PERMITTING DEPOSITION OF NICOLE
SMITH ON JUNE 3, 2016

Defendants.
WHEREAS, on April 8, 2016, the Court entered a “Second Stipulation and Order Extending
Discovery Deadlines,” amending the previously ordered discovery deadlines such that the non-expert
discovery deadline is currently May 31, 2016 (ECF No. 219);
WHEREAS, the parties have scheduled several depositions throughout the month of May,
including depositions in other states, in order to complete fact discovery by May 31, 2016;
WHEREAS, a third party witness, Nicole Smith, who has been unavailable for deposition in
recent weeks due to the illness and recent passing of her mother, and who scheduled a pre-paid vacation
STIPULATION AND [PROPOSED] ORDER PERMITTING DEPOSITION OF NICOLE SMITH ON JUNE 3, 2016
CASE NO. 11-CV-3828 EMC

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for the latter part of May after her mother passed away, has requested that her deposition be taken on

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her next day off after returning from vacation, which is June 3, 2016, three days after the fact discovery

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cutoff;

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WHEREAS the parties would like to accommodate Ms. Smith’s request, if the Court will allow
her deposition to be taken on June 3, 2016; and
WHEREAS, the parties are not requesting any extension of the May 31, 2016 fact discovery

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cutoff, apart from this one deposition, or an extension of any other dates set by the Court’s prior

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scheduling orders, and do not believe that this one deposition on June 3, 2016 will otherwise affect the

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present pre-trial schedule;

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THEREFORE, good cause existing, IT IS HEREBY STIPULATED AND AGREED, by and

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between the Parties hereto, through their counsel of record, that they jointly and respectfully request a

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small modification of the deadline for fact discovery of May 31, 2016 to allow the deposition of third

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party witness Nicole Smith to be taken on June 3, 2016 to accommodate the request of Ms. Smith, with

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the fact discovery deadline of May 31, 2016 and all other dates set by the Court’s prior scheduling

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orders being otherwise unchanged.

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Dated: May 3, 2016

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CERA LLP

GIBSON, DUNN & CRUTCHER LLP

By: /s/

By: /s/

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Gibson, Dunn &
Crutcher LLP

Solomon B. Cera

Steven J. Johnson

Solomon B. Cera
Louis A. Kessler
595 Market Street, Suite 2300
San Francisco, California 94105
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

Jonathan C. Dickey
Steven J. Johnson
1881 Page Mill Road
Palo Alto, CA 94304-1211
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

Attorneys for Plaintiff
John Sender

TRUCKER  HUSS, A Professional Corporation
By: /s/

R. Bradford Huss
R. Bradford Huss
Clarissa A. Kang
Sean T. Strauss
One Embarcadero Center, 12th Floor
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STIPULATION AND [PROPOSED] ORDER PERMITTING DEPOSITION OF NICOLE SMITH ON JUNE 3, 2016
CASE NO. 11-CV-3828 EMC

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San Francisco, California 94111
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant
Franklin Resources, Inc.
I attest that I have obtained Mr. Cera’s and Mr. Huss’s concurrence in the filing of this
document.

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Gibson, Dunn &
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STIPULATION AND [PROPOSED] ORDER PERMITTING DEPOSITION OF NICOLE SMITH ON JUNE 3, 2016
CASE NO. 11-CV-3828 EMC

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other dates established by the Court’s prior scheduling orders are unchanged.
IT IS SO ORDERED.
5/4/2016

Dated: ________________________

S DISTRICT
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C
TA
_____________________________________

Hon. Edward M. Chen
United States District Judge
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RDERE

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IT IS S

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Judge E

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Smiths to be taken on June 3, 2016 at the request of Ms. Smith, and is otherwise unchanged. All

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for fact discovery of May 31, 2016 is modified to allow the deposition of third party witness Nicole

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PURSUANT TO STIPULATION, and good cause appearing, the current discovery deadline

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UNIT
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[PROPOSED] ORDER

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[PROPOSED] ORDER PERMITTING DEPOSITION OF NICOLE SMITH ON JUNE 3, 2016
CASE NO. 11-CV-3828 EMC