Derus v. California Home Medical Equipment, Inc et al

Filing 80

ORDER GRANTING IN PART DEFENDANTS' MOTION FOR SHORTENING TIME #76 . By 7/9/2015 parties to submit stipulation with times and dates of Derus deposition. Non-expert discovery deadline 7/31/2015. Expert discovery deadline 8/31/2015. Last day to file dispositive motions 8/31/2015. Pretrial Conference set for 10/14/2015 02:00 PM. Jury Trial set for 11/2/2015 09:00 AM. Signed by Judge Nathanael Cousins on 7/8/2015. (lmh, COURT STAFF) (Filed on 7/8/2015)

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FRANK P. SARRO (SBN 129780)
2121 North California Boulevard, Suite 290
Walnut Creek, CA 94596
Telephone [phone]
Attorney for Defendants
CALIFORNIA HOME MEDICAL
EQUIPMENT, INC. (“CHME”), BERNIE ZIMMER,
AND EMMANUEL POLIN

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ALIS DERUS,

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Plaintiff,
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v.
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CALIFORNIA HOME MEDICAL
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EQUIPMENT, et al.,
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Defendants.
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____________________________________)

Case No. CV-13-01411 NC
ORDER GRANTING DEFENDANTS’
MOTION FOR SHORTENING TIME TO
MOVE TO RESCHEDULE TRIAL AND
OTHER CASE DATES
Date:
July 22, 2015
Time:
1:00 P.M.
Courtroom: 7 (4th Floor, San Jose)
MAGISTRATE NATHANAEL COUSINS

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This matter came on for hearing on July 8, 2015, at 10:00 a.m., in Courtroom 7, 4th Floor

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of this Court at 280 South 1st Street, San Jose, California 95113, on defendants California Home

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Medical Equipment, Inc.’s (“CHME”), Bernie Zimmer’s and Emmanuel Polin’s motion for an

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order shortening time. Motion is GRANTED in part as follows:

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1.

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By July 9, 2015 5:00 p.m. parties to submit stipulation with times and dates of Derus
depositions.

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1.

Extend the non-expert discovery deadline from June 30 to July 31, 2015;

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2.

Extend the expert discovery deadline from July 31 to August 31, 2015;

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3.

Extend the dispositive motion deadline from July 31 to August 31, 2015;

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4.

Reschedule the pretrial conference from October 7 to 2:00 p.m. October 14, 2015;

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5.

Reschedule the trial from October 19 to November 2, 2015;

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_________________________________
Ds’ Motion for Order Shortening Time

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6.

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Compel plaintiff Alis Derus’ deposition for up to another six hours at 2890 North Main
Street, Suite 304, Walnut Creek, California,

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Impose monetary sanctions on plaintiff’s attorney, Laurel Mousseau, motion for

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sanctions for the payment of all reasonable expenses, including but not limited to

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attorney’s fees, court reporter fees, and the value of defendants Bernie Zimmer’s and

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Emmanuel Poulain’s time caused by Ms. Mousseau’s unilaterally rescheduling Dr. Susan

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Plate’s June 30, 2015, deposition without informing defense counsel and for plaintiff’s

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counsel’s failure to participate in good faith in the discovery process, and forcing

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defendants to expend unnecessary time and effort to move for the relief sought herein;

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and
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Defendants’ proposed briefing schedule of July 23 for opening papers, July 27 for

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opposition, July 28 for reply, and proposed hearing on July 29, 2015, re items 1-7 above.

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Defendants were represented by Frank P. Sarro. Plaintiff was represented by Laurel A.

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Mousseau.

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For good cause shown, IT IS HEREBY ORDERED:

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1.

Defendants’ motion for order shortening time is GRANTED IN PART.

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Defendants shall file their opening papers on motion for sanctions July 23, 2015,

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plaintiff shall file her opposition on July 27, 2015, and defendants shall file their

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reply on July 28, 2015. The hearing date on items 1 through 7 above shall be on

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July 29, 2015, at 1 p.m., in Courtroom 7, 4th Floor of this Court at 280 South 1st

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Street, San Jose, California 95113.
Deposition of Dr. Plate ordered for July 15, 2015 at 11:00 a.m.

IT IS SO ORDERED.

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Dated: July 8, 2015

RT

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thanael M
Judge Na

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Cousins

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NO

_________________________________
Ds’ Motion for Order Shortening Time

ORDER
T IS SO DIFIED
I
AS MO

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LI

UNIT
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NATHANAEL COUSINS
UNITED STATES MAGISTRATE ED
JUDGE

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