Lemmons et al v. Ace Hardware Corporation et al

Filing 66

STIPULATION AND ORDER re 65 STIPULATION WITH PROPOSED ORDER TO CONTINUE FACT DISCOVERY CUT-OFF filed by Portia Lemmons. Signed by Judge Jon S. Tigar on January 10, 2014. (wsn, COURT STAFF) (Filed on 1/10/2014)

1 PAUL L. REIN, Esq. (SBN 43053)

CELIA McGUINNESS, Esq. (SBN 159420)
CATHERINE CABALO, Esq. (SBN 248198)
2 LAW OFFICES OF PAUL L. REIN
200 Lakeside Drive, Suite A
3 Oakland, CA 94612
Telephone: [phone]
4 Facsimile: 510/832-4787
[e-mail]
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Attorneys for Plaintiff
PORTIA LEMMONS, et al.

7 JAMES S. LINK (State Bar #94280)

[e-mail]
BARABAN & TESKE
9 215 N. Marengo Avenue, 3rd Floor
Pasadena, CA 91101
10 [phone]
[phone] (fax)
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Attorneys for Defendants

12 Berkeley Hardware, Inc. dba Berkeley Ace Hardware, Ace Hardware Corporation,

and EQR-Acheson Commons Limited Partnership

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IN THE UNITED STATES DISTRICT COURT
IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA
PORTIA LEMMONS, et al.,

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Case No. CV 12-03936 JST

Plaintiffs,

STIPULATION AND [PROPOSED]
ORDER TO CONTINUE FACT
DISCOVERY CUT-OFF

v.

18 ACE HARDWARE CORPORATION;

BERKELEY HARDWARE, INC. dba
19 BERKELEY ACE HARDWARE; EQRACHESON COMMONS LIMITED
PARTNERSHIP; and DOES 1-20,
20 Inclusive,
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Defendants.

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE FACT DISCOVERY CUT-OFF
CASE NO. CV 12-03936 JST

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STIPULATION
Plaintiff PORTIA LEMMONS (“Plaintiff”), and defendants ACE

3 HARDWARE CORPORATION; BERKELEY HARDWARE, INC. dba
4 BERKELEY ACE HARDWARE and EQR ACHESON COMMONS LIMITED
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PARTNERSHIP (together “Defendants”), hereby jointly stipulate and request
through their attorneys of record that the Court continue the Fact Discovery cut-off
in this case. This first request for a continuance of a pretrial deadline is based on

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the following good cause:

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1. The parties actively participated in the General Order 56 process and came

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to a partial settlement in this case, which was memorialized in a “Court-

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Enforceable Settlement Agreement and Release of Plaintiff’s Injunctive

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Relief Claims Only,” filed with the Court on October 30, 2013 (Docket No.

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57).
2. With leave of the Court, defendants Ace Hardware Corporation and

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Berkeley Hardware, Inc. amended their Answer to the Complaint on
November 4, 2013 (Docket No. 59).
3. The Fact Discovery cut-off in this case is presently scheduled for February
21, 2014.
4. Since the defendants Ace Hardware Corporation and Berkeley Hardware,
Inc. amended their answer on November 4, 2013, the parties have engaged
in active discovery, sending each other written discovery requests and noting
several depositions. However, the holidays, defense counsel’s preparation
for the arrival of his second grandchild, and the illness of one of the

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representatives of defendant Berkeley Hardware Corp. have delayed

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discovery efforts in this case. Defendants have requested more time to

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respond to pending written discovery requests because Virginia Carpenter

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the Chief Executive Officer of Berkeley Ace Hardware, is ill. Plaintiff has

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE FACT DISCOVERY CUT-OFF
CASE NO. CV 12-03936 JST

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agreed to a continuance of these written discovery deadlines to

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accommodate Ms. Carpenter. Plaintiff has noted FRCP 30(b)(6) depositions

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for each of the named Defendants (on February 3, 7, and 10), however

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Defendants are still in the process of providing Plaintiff with available dates

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for deposition of their FRCP 30(b)(6) designees. The parties are also
working together to set deposition dates for eight additional percipient
witnesses. The parties will not be able to complete all necessary discovery

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by February 21st.
5. Based on the above, the parties request a short continuance of the Fact
Discovery cut-off to April 24, 2014 – the same date as the Expert Discovery
Cut-Off in this case.
6. This is the first request for a continuance of any pretrial deadline.
7. Therefore, the parties jointly stipulate and request the Court permit the
continuance of the Fact Discovery cut-off to April 24, 2014.

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It is so Stipulated.

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15 Dated: January 10, 2014

LAW OFFICES OF PAUL L. REIN

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/s/ Catherine Cabalo
By CATHERINE CABALO,
Attorneys for Plaintiff
PORTIA LEMMONS

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Dated: January 10, 2014

BARABAN & TESKE
/s/ James S. Link
By JAMES S. LINK
Attorneys for Defendants
ACE HARDWARE CORPORATION;
BERKELEY HARDWARE, INC.; EQRACHESON COMMONS LLP;

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE FACT DISCOVERY CUT-OFF
CASE NO. CV 12-03936 JST

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ORDER
Good cause having been shown, the Court orders the Fact Discovery cut-off

3 in this case be continued to April 24, 2014.
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5 Dated: January 10, 2014
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Honorable Jon S. Tigar
United District Court Judge

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE FACT DISCOVERY CUT-OFF
CASE NO. CV 12-03936 JST

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FILER’S ATTESTATION
Pursuant to General Order 45, section X(B), I hereby attest that on January

3 10, 2014, I, Catherine Cabalo, attorney with The Law Office of Paul L. Rein,
4 received the concurrence of James Link in the filing of this document.
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/s/ Catherine Cabalo
Catherine Cabalo

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE FACT DISCOVERY CUT-OFF
CASE NO. CV 12-03936 JST