Lewis v. Home Depot, U.S.A., Inc. et al

Filing 50

STIPULATION AND ORDER re 49 STIPULATION WITH PROPOSED ORDER Modifying Case Management and Pretrial Order for Jury Trial; Declaration of Gregory C. Cheng In Support Thereof filed by Home Depot, U.S.A., Inc. Discovery due by 3/10/2014.. Signed by Judge Edward M. Chen on 1/21/14. (bpfS, COURT STAFF) (Filed on 1/21/2014)

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GREGORY C. CHENG State Bar No. 226865
[e-mail]
BROOKE S. PURCELL State Bar No. 260058
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Steuart Tower, Suite 1300
One Market Plaza
San Francisco, CA 94105
Telephone:
415.442.4810
Facsimile:
415.442.4870
Attorneys for Defendant
HOME DEPOT U.S.A., INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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AARON LEWIS,

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Plaintiff,
v.
THE HOME DEPOT U.S.A., INC., a
corporation; ELENA PEREZ, an individual,
and DOES 1 - 20,

Case No.: 3:12-cv-06354- EMC
STIPULATION AND [PROPOSED] ORDER
MODIFYING CASE MANAGEMENT AND
PRETRIAL ORDER FOR JURY TRIAL;
DECLARATION OF GREGORY C. CHENG
IN SUPPORT THEREOF
July 28, 2014
8:30 a.m.
5, 17th Floor

Action filed:

Defendants.

Trial Date:
Time:
Courtroom:

November 15, 2012

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Case No. 3:12-cv-06354-EMC
STIPULATION AND [PROPOSED] ORDER MODIFYING CASE MANAGEMENT AND PRETRIAL
ORDER FOR JURY TRIAL; DECLARATION OF GREGORY C. CHENG IN SUPPORT THEREOF

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STIPULATION

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IT IS HEREBY STIPULATED by and between plaintiff Aaron Lewis (“Plaintiff”) and defendant

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Home Depot U.S.A., Inc. (“Defendant”), through their respective attorneys of record, that the

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following Stipulation be entered as an Order by the Court to give effect to the stipulations set forth

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below:

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1.

WHEREAS, Plaintiff filed a civil action on November 15, 2012 alleging numerous

claims related to the termination of his employment from Defendant.
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WHEREAS, on August 23, 2013, entered a Case Management and Pretrial Order

for Jury Trial, Docket Number 43 (hereinafter, “Case Management Order”).
3.

WHEREAS, the Case Management Order instructed that:

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a.

Non-expert discovery shall be cut-off on February 6, 2014;

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b.

Expert reports shall be produced by February 6, 2014;

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c.

Rebuttal expert reports shall be produced by February 27, 2014; and

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d.

Expert Discovery shall be cut-off on March 20, 2014.

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4.

WHEREAS, counsel for Plaintiff and Defendant met and conferred in-person on

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Monday, January 6, 2014 on a range of discovery issues at the United States District Court for the

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Northern District of California.

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5.

WHEREAS, the parties are in the process of scheduling multiple depositions of

witnesses. Several of the depositions are of witnesses who are located out-of-state.
6.

WHEREAS, good cause exists for discovery deadlines to be extended by thirty (30)

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days in order to allow the parties ample time to complete non-expert depositions and to also to

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pursue efforts to resolve this matter.

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7.

WHEREAS, the parties, through their respective counsel of record, agree and

stipulate that the following deadlines be extended by approximately thirty (30) days:
a.

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Non-expert discovery cut-off date shall be extended from February 6, 2014
to March 10, 2014;

b.

Deadline to produce expert reports shall be extended from February 6, 2014
to March 10, 2014;

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Case No. CV 12-06354-EMC
STIPULATION AND [PROPOSED] ORDER MODIFYING CASE MANAGEMENT AND PRETRIAL
ORDER FOR JURY TRIAL; DECLARATION OF GREGORY C. CHENG IN SUPPORT THEREOF

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c.

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Deadline to produce rebuttal expert reports shall be extended from February
27, 2014 to March 31, 2014; and

d.

Expert discovery cut-off shall be extended from March 20, 2014 to April 21,
2014.

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DATED: January 9, 2014

LAW OFFICES OF ALAN F. COHEN

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By: /s/ Alan F. Cohen
ALAN F. COHEN
Attorneys for Plaintiff
AARON LEWIS

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DATED: January 9, 2014

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OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

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By: /s/ Brooke S. Purcell
GREGORY C. CHENG
BROOKE S. PURCELL
Attorneys for Defendant
HOME DEPOT U.S.A., INC.

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SIGNATURE ATTESTATION

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Pursuant to Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this
document has been obtained from the other signatory.
DATED: January 9, 2014

OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

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By: /s/ Brooke S. Purcell
GREGORY C. CHENG
BROOKE S. PURCELL
Attorneys for Defendants
HOME DEPOT U.S.A., INC.

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Case No. CV 12-06354-EMC
STIPULATION AND [PROPOSED] ORDER MODIFYING CASE MANAGEMENT AND PRETRIAL
ORDER FOR JURY TRIAL; DECLARATION OF GREGORY C. CHENG IN SUPPORT THEREOF

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DECLARATION OF GREGORY C. CHENG

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I, Gregory C. Cheng, declare:

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1.

I am an attorney at law duly admitted to practice before all the courts of the State of

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California and the Northern District of California. I am a shareholder at the law firm of Ogletree,

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Deakins, Nash, Smoak & Stewart, P.C. and lead trial counsel in this matter for defendant The

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Home Depot U.S.A., Inc. (“Home Depot”).

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2.

I have personal knowledge of the matters stated herein. I submit this declaration

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pursuant to Civil Local Rule 6-2(a) in support of Home Depot and plaintiff Aaron Lewis’

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Stipulation to Extend Discovery Deadlines.

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3.

The enlargement of time for discovery related deadlines is necessary so that the

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parties (1) will have sufficient time to complete numerous depositions, of which some will be

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scheduled to take place out-of-state, before the discovery cut-off date; and (2) may continue efforts

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to informally resolve this matter.

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4.

No prior time modifications have been requested by the parties in this matter.

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5.

The requested time modifications will impact non-expert and expert discovery

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deadlines. However, the requested time modifications should not substantively impact other

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deadlines in this matter.

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I declare under penalty of perjury under the laws of the United States of America and the
State of California that the foregoing is true and correct.
Executed on January 9, 2014 in San Francisco, California.

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/s/ Gregory C. Cheng
Gregory C. Cheng

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Case No. CV 12-06354-EMC
STIPULATION AND [PROPOSED] ORDER MODIFYING CASE MANAGEMENT AND PRETRIAL
ORDER FOR JURY TRIAL; DECLARATION OF GREGORY C. CHENG IN SUPPORT THEREOF

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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The August 23, 2013 Case Management and Pretrial Order for Jury Trial is modified such

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that:
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2014 to March 10, 2014;
2.

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The deadline to produce expert reports shall be extended by one month from
February 6, 2014 to March 10, 2014;

3.

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Non-expert discovery cut-off shall be extended by one month from February 6,

The deadline to produce rebuttal expert reports shall be extended by one month
from February 27, 2014 to March 31, 2014; and

4.

Expert discovery cut-off shall be extended by one month from March 20, 2014 to
April 21, 2014.

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R NIA

NO

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D
RDERE

OO
______________________________
IT IS S
IED
MODIF C. CHEN
HONORABLES
A EDWARD
United States Magistrate Judge
. Chen
District
dward M
Judge E
FO

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DATED: January ____, 2014

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Case No. CV 12-06354-EMC
STIPULATION AND [PROPOSED] ORDER MODIFYING CASE MANAGEMENT AND PRETRIAL
ORDER FOR JURY TRIAL; DECLARATION OF GREGORY C. CHENG IN SUPPORT THEREOF