Allen v. Testamerica Laboratories, Inc

Filing 23

JOINT STIPULATION AND ORDER TO AMEND DISCOVERY DEADLINES. Signed by Judge Richard Seeborg on 11/15/12. (cl, COURT STAFF) (Filed on 11/15/2012)

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GERALD A. EMANUEL (Cal. State Bar No. 061049)
JOEL P. WAELTY (Cal. State Bar No. 226728)
HINKLE, JACHIMOWICZ, POINTER & EMANUEL
2007 West Hedding Street, Suite 100
San Jose, California 95128
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff
THERESA ALLEN

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ROBERT P. KRISTOFF (Cal. State Bar No. 090874)
RISHI N. SHARMA (Cal. State Bar No. 239034)
PETER A. COOPER (Cal. State Bar No. 275300)
PAUL HASTINGS LLP
55 Second Street, 24th Floor
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant
TESTAMERICA LABORATORIES, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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THERESA ALLEN,

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Plaintiff,
vs.

No. C 12-01448 RS
JOINT STIPULATION TO AMEND
DISCOVERY DEADLINES;
[PROPOSED] ORDER

TESTAMERICA LABORATORIES,
INC., and DOES 1-50 inclusive,

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Defendants.
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LEGAL_US_E # 101297295.3

JOINT STIPULATION TO AMEND DISCOVERY DEADLINES
U.S.D.C., N.D. Cal., No. C 12-01448 RS

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STIPULATION

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Plaintiff Theresa Allen and defendant TestAmerica Laboratories, Inc., by and through their
representative counsel of record, hereby stipulate as follows:

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1.

On June 6, 2012, the Court issued the Case Management Scheduling Order (Docket

No. 18), which set the following discovery deadlines:

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a.

November 30, 2012, for the parties to complete all non-expert discovery;

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b.

December 7, 2012, for the parties to complete their expert disclosures; and

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c.

December 21, 2012, for the parties to complete all expert discovery.

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2.

Presently, the parties have several outstanding discovery disputes relating to non-expert

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discovery that may result in motion practice; in addition, the parties are attempting to schedule several

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previously noticed depositions of non-expert witnesses.

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3.

On November 13, 2012, the parties met and conferred regarding the status of the case and

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agreed to engage in good faith settlement discussions, including through private mediation in early or

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mid-December, 2012. In order to facilitate these settlement discussions and avoid unnecessary motion

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practice for the Court and the parties, should the case settle, the parties ask the Court to continue the

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discovery deadlines as set forth in the June 6, 2012, Case Management Scheduling Order.

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4.

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The parties ask the Court to amend the applicable discovery deadlines as follows:
a.

January 18, 2013, as the new deadline by which the parties must file any motion

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to resolve outstanding disputes regarding non-expert discovery, and complete any

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previously noticed non-expert deposition;

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b.

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January 18, 2013, as the new deadline by which the parties must complete their
expert disclosures; and

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c.

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February 8, 2013, as the new deadline by which the parties must complete all
expert discovery.

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5.

Nothing in this stipulation will affect the February 21, 2013, deadline by which the Court

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must hear all pretrial motions; the May 2, 2013, deadline by which the parties must file their Joint

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Pretrial Statement; the May 16, 2013, pretrial conference, or the May 28, 2013, commencement date for

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trial.
LEGAL_US_E # 101297295.3

JOINT STIPULATION TO AMEND DISCOVERY DEADLINES
U.S.D.C., N.D. Cal., No. C 12-01448 RS

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6.

The parties respectfully request that the Court grant this joint stipulation so that they

might attempt to resolve this case without prejudicing further discovery.
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Dated: November __, 2012

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GERALD A. EMANUEL
JOEL P. WAELTY
HINKLE, JACHIMOWICZ, POINTER & EMANUEL

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By: /s/ Joel P. Waelty
Joel P. Waelty
Attorneys for Plaintiff
THERESA ALLEN

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Dated: November __, 2012

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ROBERT P. KRISTOFF
RISHI N. SHARMA
PETER A. COOPER
PAUL HASTINGS LLP

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By: /s/ Rishi N. Sharma
Rishi N. Sharma
Attorneys for Defendant
TESTAMERICA LABORATORIES, INC.

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LEGAL_US_E # 101297295.3

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JOINT STIPULATION TO AMEND DISCOVERY DEADLINES
U.S.D.C., N.D. Cal., No. C 12-01448 RS

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ORDER

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On the stipulation of the parties, and good cause appearing therefor,

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The Court GRANTS the Joint Stipulation to Amend Discovery Deadlines. The dates set forth in

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the June 6, 2012, Case Management Scheduling Order (Docket No. 18), are modified as follows:
1.

January 18, 2013, is the new deadline by which the parties must file any motion to

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resolve outstanding disputes regarding non-expert discovery, and complete any

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previously noticed non-expert deposition;

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2.

disclosures; and

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January 18, 2013, is the new deadline by which the parties must complete their expert

3.

February 8, 2013, is the new deadline by which the parties must complete all expert
discovery.

No other dates set forth in the Case Management Scheduling Order are modified.
IT IS SO ORDERED.
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Dated: November __, 2012

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Richard Seeborg
United States District Judge

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LEGAL_US_E # 101297295.3

[PROPOSED] ORDER GRANTING JOINT STIPULATION TO AMEND
DISCOVERY DEADLINES
U.S.D.C., N.D. Cal., No. C 12-01448 RS