Resilient Floor Covering Pension Trust Fund Board of Trustees et al v. Michael's Floor Covering, Inc.

Filing 47

ORDER granting 42 Stipulation re Timeliness of Certain Discovery and re Corrected Caption on Plaintiffs' Second Set of Requests for Production of Documents, filed by Resilient Floor Covering Pension Trust Fund Board of Trustees, and Resilient Floor Covering Pension Trust Fund. Signed by Magistrate Judge Jacqueline Scott Corley on 6/26/2012. (ahm, COURT STAFF) (Filed on 6/26/2012)

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1 2 3 4 5 6 7 8 George M. Kraw (California Bar No. 71551) Donna L. Kirchner (California Bar No. 138320) Katherine McDonough (California Bar No. 241426) Kraw and Kraw 605 Ellis Street, Suite 200 Mountain View, CA 94043 Telephone: (650) 314-7800 Facsimile: (650) 314-7899 gkraw@kraw.com dkirchner@kraw.com kmcdonough@kraw.com Counsel for Plaintiffs Resilient Floor Covering Pension Fund, and Board of Trustees, Resilient Floor Covering Pension Fund 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO / OAKLAND DIVISION 13 14 15 16 17 18 19 RESILIENT FLOOR COVERING PENSION FUND, et al., ) ) ) Plaintiffs, ) ) v. ) ) MICHAEL’S FLOOR COVERING, INC., ) ) Defendant. ) ___________________________________ ) Case No.: C 11-5200 JSC STIPULATION RE TIMELINESS OF CERTAIN DISCOVERY AND RE CORRECTED CAPTION ON PLAINTIFFS’ SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS 20 WHEREAS on May 21, 2012 Plaintiffs hand served Defense counsel with Plaintiffs’ Second 21 Set of Requests for Production of Documents which inadvertently contained the wrong case caption; 22 WHEREAS on May 24, 2012 Defendant hand served Plaintiffs’ counsel with a second set of 23 requests for admissions to each Plaintiff and a second set of requests for production of documents to 24 each Plaintiff, as well as notices for two depositions which included document requests; and 25 26 WHEREAS the last day to hand serve written discovery to a party in compliance with the discovery cutoff herein was May 23, 2012; 27 THEREFORE, 28 THE PARTIES HEREBY STIPULATE that Plaintiff may replace Plaintiffs’ Second Set of C11-5200 JSC Stipulation re Timeliness and Corrected Caption Page 1 1 Requests for Production of Documents with a corrected set bearing the correct case caption and 2 dated the same date as the original Plaintiffs’ Second Set of Requests for Production of Documents. 3 No changes may be made to the corrected version other than correcting the identity of the correct 4 Plaintiffs, Defendant and case number. The corrected version will be deemed to have been hand 5 served on the date the original Plaintiffs’ Second Set of Requests for Production of Documents was 6 hand served. 7 THE PARTIES FURTHER STIPULATE that the discovery requests and deposition notices 8 served by Defendant on May 24, 2012, as referenced above, are hereby deemed to have been served 9 on May 23, 2012. 10 Dated: June__, 2012 KRAW & KRAW 11 /s/ Donna Kirchner Donna L. Kirchner, Esq. Attorneys for Plaintiffs RESILIENT FLOOR COVERING PENSION FUND AND BOARD OF TRUSTEES, RESILIENT FLOOR COVERING PENSION FUND 12 13 14 15 16 Dated: June ___, 2012 KILMER, VOORHEES & LAURICK, PC BULLIVANT HOUSER BAILEY PC 17 18 ________________________________ Robert B. Miller, Esq. Attorneys for Defendant MICHAEL’S FLOOR COVERING, INC. 19 20 21 22 23 R NIA LI F D IS T IC T O R C cott Co rley A H ER ueline S R NIA S UNIT ED cq Judge Ja N FO A H Judge Jacqueline Scott Corley RT RT C11-5200 JSC Stipulation re Timeliness and Corrected Caption GRANTED NO NO 28 S DISTRICT TE C TA ER FO S TED GRAN RT U O Dated: 6/26/2012 27 UNIT ED 26 RT U O 25 ISTRIC ES D TC AT T LI 24 N F D IS T IC T O R C Page 2 1 ATTESTATION 2 I, Donna L. Kirchner, attest that signatories Robert B. Miller has read and approved the 3 foregoing STIPULATION RE SHORTENED TIME FOR CERTAIN DISCOVERY AND RE CORRECTED SET 4 OF DOCUMENT REQUESTS and has consented to its filing in this action. 5 /s/ Donna Kirchner Donna L. Kirchner 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C11-5200 JSC Stipulation re Timeliness and Corrected Caption Page 3

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