Byrd v. Donahoe

Filing 30

STIPULATION AND ORDER RE 29 TO EXTEND FACT DISCOVERY CUT OFF. Signed by Judge Richard Seeborg on 8/30/12. (cl, COURT STAFF) (Filed on 8/30/2012)

1
2
3

MELINDA HAAG (CABN 132612)
United States Attorney
JOANN M. SWANSON (CSBN 88143)
Chief, Civil Division
MELISSA K.B. SLADDEN (CSBN 203307)
Assistant United States Attorney

4
5
6

450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
Telephone: [phone]
FAX: [phone]
[e-mail]

7
Attorneys for Defendants
8
9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11

SAN FRANCISCO DIVISION

12
YOLANDA G. BYRD,
13
Plaintiff,
14
v.
15
16

PATRICK DONAHOE, POSTMASTER
GENERAL UNITED STATES POSTAL
SERVICE,

17
Defendant.
18
19

)
)
)
)
)
)
)
)
)
)
)
)

No. C-11-4230 RS
STIPULATION AND [PROPOSED]
ORDER TO EXTEND FACT
DISCOVERY CUT OFF

The parties, plaintiff Yolanda Byrd (“Plaintiff”) and the defendant Patrick Donahoe,

20

Postmaster General for the United States Postal Service (“Defendant”) submit this Stipulation

21

and [Proposed] Order to modify the pretrial schedule with respect to the fact discovery cut-off.

22

WHEREAS, the current fact discovery cut-off in this action is August 31, 2012;

23

WHEREAS, the Defendant has noticed Plaintiff’s deposition for August 16, 2012;

24

WHEREAS, on August 7, 2012, counsel for the Defendant was suddenly and

25

unexpectedly placed on bed rest for medical reasons for an unknown duration, but the condition

26

is anticipated will last several weeks. And, accordingly, the Defendant requests additional time to

27

either obtain medical clearance to take Plaintiff’s deposition, or to find another Assistant United

28

States Attorney to conduct Plaintiff’s deposition.

[STIPULATION AND [PROPOSED] ORDER - C-11-4230-RS]

1

WHEREAS, Plaintiff only disclosed the name of a purported medical expert on August

2

20, 2012 and the Defendant will now need to obtain her medical records and conduct a

3

psychiatric examination;

4

WHEREAS, Plaintiff wishes to conduct discovery, but understood the August 31, 2012

5

deadline to be the last day that she could serve written discovery, and Plaintiff wishes to avoid

6

the expense of conducting depositions until after the settlement conference currently scheduled

7

for October 2, 2012;

8

ACCORDINGLY, it is hereby agreed by the Parties, that the fact discovery cut-off be

9

extended as follows. The Plaintiff shall have until August 31, 2012 to issue any interrogatories

10

or requests for production of documents and things to the Defendant. The Defendant shall have

11

until September 28, 2012, to conduct discovery regarding Plaintiff’s newly disclosed alleged

12

medical claims. Both parties shall have until October 31, 2012 to notice and complete any fact

13

depositions. The defendant’s expert disclosure deadline shall be extended from September 21,

14

2012 to November 16, 2012.

15

IT IS SO STIPULATED.

16
17

DATED: August 30, 2012

Respectfully submitted,
MELINDA HAAG
United States Attorney

18
19

S/ Melissa Sladden
________________________________
MELISSA SLADDEN
Assistant United States Attorney

20
21
22
23
24
25

DATED: August 30, 2012
YOLANDA G. BYRD
Plaintiff, pro se
S/ Yolanda Byrd
________________________________
YOLANDA G. BYRD
Pro Se

26
27
28

[STIPULATION AND [PROPOSED] ORDER - C-11-4230-RS]

[PROPOSED] ORDER

1

Pursuant to the stipulation of the parties, the Plaintiff shall have until August 31, 2012 to

2
3

issue any interrogatories or requests for production of documents and things to the Defendant.

4

The Defendant shall have until September 28, 2012, to conduct discovery regarding Plaintiff’s

5

newly disclosed alleged medical claims. Both parties shall have until October 31, 2012 to notice

6

and complete any fact depositions. The defendant’s expert disclosure deadline shall be extended

7

from September 21, 2012 to November 16, 2012.

8

.

9
IT IS SO ORDERED
10
11

8/30/12
Dated: _______________

____________________________

12
13

HONORABLE RICHARD SEEBORG
United States District Court Judge

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

[STIPULATION AND [PROPOSED] ORDER - C-11-4230-RS]