Macdonald et al v. Wells Fargo Bank N.A

Filing 61

ORDER by Judge Haywood S. Gilliam, Jr. Granting 60 Stipulation for Extension of Expert Discovery Cut-Off. Close of Expert Discovery due by 1/27/2017.(ndrS, COURT STAFF) (Filed on 12/22/2016)

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MARK D. LONERGAN (State Bar No. 143622)
THOMAS N. ABBOTT (State Bar No. 245568)
JASON M. JULIAN (State Bar No. 215342)
[e-mail]
SEVERSON & WERSON
A Professional Corporation
One Embarcadero Center, Suite 2600
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
WELLS FARGO BANK, N.A.
MATHEW D. MELLEN (Bar No. 233350)
SARAH SHAPERO (Bar No. 281748)
MELLEN LAW FIRM
One Embarcadero Center, Fifth Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs,
BRET MACDONALD and AMALIA MACDONALD

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BRET MACDONALD, an individual; and
AMALIA MACDONALD, an individual,

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JOINT STIPULATION TO CONTINUE
EXPERT DISCOVERY CUT-OFF
DEADLINE; [PROPOSED] ORDER

Plaintiffs,

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Case No.: 3:14-CV-04970-HSG

vs.
WELLS FARGO BANK, N.A. and
DOES 1 through 50, inclusive,

Action Filed: November 10, 2014
Trial Date:
May 1, 2016

Defendants.

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JOINT STIPULATION AND PROPOSED ORDER TO CONTINUE EXPERT DISCOVERY CUT-OFF DEADLINE

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Pursuant to the Civil Local Rules of the United States District Court for the Northern
District of California, the parties, Plaintiffs BRETT MACDONALD and AMALIA
MACDONALD (“Plaintiffs”), and Defendant WELLS FARGO BANK, N.A. (“Wells Fargo”),
through their counsel of record, hereby stipulate to the following:

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WHEREAS, on November 10 2014, Plaintiff filed her Complaint in the above-captioned
court against Defendants;

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WHEREAS, on April 12, 2016, the Court issued a Scheduling Order, setting a jury trial
for March 13, 2017 and the following trial related deadlines:

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a. Fact Discovery Cutoff on September 13, 2016

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b. Initial Expert Disclosures on September 27, 2016

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c. Rebuttal Expert Disclosures on October 11, 2016

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d. Expert Discovery Cutoff on October 25, 2016

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e. Dispositive Motion Hearing Deadline on December 8, 2016 at 2:00 p.m.

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f. Pretrial Conference on February 28, 2017 at 3:00 p.m.;

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g. Jury Trial on March 13, 2017.

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WHEREAS, on or around September 21, 2016, pursuant to the Parties stipulation to
continue all deadlines in this matter, the Court ordered that Expert Discovery Cut-off be
December 9, 2016;

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WHEREAS, on or around November 10, 2016, the Parties submitted a stipulation to
further extend the Expert Discovery Cut-Off and related disclosure deadlines, which the Court
granted, setting the deadline to exchange Initial Expert Disclosures to December 9, 2016,
Rebuttal Expert Disclosures to December 23, 2016 and Expert Discovery Cut-off to January 6,
2017;
WHEREAS, Plaintiffs submitted their Initial Expert Disclosure on December 9, 2016,
disclosing the intent to use an expert to testify at trial on Plaintiffs’ behalf;
WHEREAS, Defendant intends to designate a Rebuttal Expert by December 23, 2016 and
will furnish the deferred rebuttal expert report within seven (7) calendar days of receipt of the
transcript of the deposition of Plaintiffs’ expert;
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JOINT STIPULATION AND PROPOSED ORDER TO CONTINUE EXPERT DISCOVERY CUT-OFF DEADLINE

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WHEREAS, given the holidays between December 23, 2016 and January 6, 2017, counsel
for Plaintiffs and counsel for Defendant, along with the experts designated by the parties, are
largely unavailable to prepare for depositions and take depositions until after January 3, 2017;
WHEREAS, the Parties request that the deadline to conduct all Expert Discovery be
extended for three weeks, from January 6, 2017 to January 27, 2017 to allow the parties and their
experts time to prepare for and take the depositions of the designated experts;
WHEREAS, no other deadlines in this matter will be affected by the requested
continuance.

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STIPULATION
The parties stipulate to and request a two-week continuance of the Expert Discovery Cutoff Deadline from January 6, 2017 to January 27, 2017.

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Respectfully Submitted,

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Dated: December 22, 2016

SEVERSON & WERSON

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By:

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_/s/ Thomas Abbott________
Thomas Abbott, Esq.
Attorney for Defendant
WELLS FARGO BANK, N.A.

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Dated: December 22, 2016

MELLEN LAW FIRM

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By:

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_/s/ Sarah Shapero_________
Sarah Shapero, Esq.
Attorney for Plaintiffs
BRETT MACDONALD and AMALIA
MACDONALD

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JOINT STIPULATION AND PROPOSED ORDER TO CONTINUE EXPERT DISCOVERY CUT-OFF DEADLINE

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ORDER
This Court, having received and reviewed the stipulation of the parties referenced
immediately above, and finding good cause therefore, pursuant to the stipulation of the parties;
The expert discovery cut-off deadline is continued to January 27, 2017.
IT IS SO ORDERED.

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Dated: _____________, 2016
December 22, 2016
________________________________________
Honorable Haywood S. Gilliam, Jr.

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JOINT STIPULATION AND PROPOSED ORDER TO CONTINUE EXPERT DISCOVERY CUT-OFF DEADLINE