Somers v. Digital Realty Trust Inc et al

Filing 149

STIPULATION AND ORDER re 147 STIPULATION WITH PROPOSED ORDER [EXPEDITED] TO CONTINUE PLAINTIFF'S DEPOSITION TO ALLOW FOR SUBSTITUTION OF COUNSEL filed by Digital Realty Trust Inc, Ellen Jacobs. Signed by Magistrate Judge Kandis A. Westmore on 10/19/16. (sisS, COURT STAFF) (Filed on 10/19/2016)

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Jennifer S. Anderson (SBN 202864)
[e-mail]
9715 King Road
Loomis, California 95650
Telephone: [phone]
Attorney for Plaintiff
PAUL SOMERS

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SEYFARTH SHAW LLP
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Brian T. Ashe (SBN 139999)
[e-mail]
Shireen Yvette Wetmore (SBN 278501)
[e-mail]
560 Mission Street, 31st Floor
San Francisco, California 94105
Telephone:
[phone]
Facsimile:
[phone]
SEYFARTH SHAW LLP
Kyle A. Petersen (ISBN 6275689) (admitted Pro Hac Vice)
[e-mail]
131 South Dearborn Street, Suite 2400
Chicago, Illinois 60603
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
DIGITAL REALTY TRUST, INC.
and ELLEN JACOBS

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PAUL SOMERS, an individual,

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Plaintiff,
v.

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DIGITAL REALTY TRUST, INC., a Maryland
corporation; ELLEN JACOBS, an individual, and
DOES ONE through TEN, inclusive,

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Case No. 3:14-cv-05180 EMC (KAW)
EXPEDITED STIPULATION TO
CONTINUE PLAINTIFF’S DEPOSITION
TO ALLOW FOR SUBSTITUTION OF
COUNSEL; [PROPOSED] ORDER

Defendants.

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EXPEDITED STIPULATION TO CONTINUE PLAINTIFF’S DEPOSITION TO ALLOW FOR SUBSTITUTION OF
COUNSEL; [PROPOSED] ORDER / /CASE NO. 3:14-CV-05180 EMC (KAW)
35499843v.1

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The parties to the captioned matter, by and through their respective counsel of record, hereby

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stipulate:

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1.

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WHEREAS, Plaintiff's current counsel of record, Jennifer Anderson, substituted into this

lawsuit on October 4, 2016;
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WHEREAS, Plaintiff informed Ms. Anderson on October 19, 2016 that he is terminating

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her engagement as his counsel effective immediately and that she is to withdraw as counsel of record, or

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words to that effect;

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3.

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26, 2016;

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4.

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WHEREAS, this Court ordered Plaintiff's deposition to be taken next week, on October

WHEREAS, Ms. Anderson will not be relieved as counsel by October 26, 2016, nor will

plaintiff have an opportunity to hire new counsel by that date;
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WHEREAS, defense counsel is unwilling to proceed with plaintiff's deposition until the

Court reviews and approves Plaintiff's representation situation, which will not happen today;
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WHEREAS, defense counsel cannot properly prepare for Plaintiff’s October 26, 2016

deposition after today due to counsel’s travel schedule and other client commitments;
NOW, THEREFORE, the parties stipulate to continue Plaintiff's deposition from October 26,

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2016 to November 22, 2016 and ask the Court to find GOOD CAUSE for Plaintiff's deposition to take

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place then. This continuance of the ordered deposition will allow Plaintiff’s current counsel to withdraw

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from the case in an orderly fashion, provide the Plaintiff with an opportunity to hire new counsel and

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have that counsel be prepared to defend the deposition, and assure defense counsel that Plaintiff has the

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opportunity to have his deposition taken with counsel of his choice representing him, if any.

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ATTESTATION PURSUANT TO LOCAL RULE 5-1(i)(3)
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I, Brian T. Ashe, attest that concurrence in the filing of this stipulation has been obtained from
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the signatory, Jennifer Suzanne Anderson, counsel for Plaintiff.
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Executed this 19th day of October 2016, in San Francisco, CA.
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/s/
Brian T. Ashe
Brian T. Ashe

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EXPEDITED STIPULATION TO CONTINUE PLAINTIFF’S DEPOSITION TO ALLOW FOR SUBSTITUTION OF
COUNSEL; [PROPOSED] ORDER / /CASE NO. 3:14-CV-05180 EMC (KAW)
35499843v.1

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DATED: October 19, 2016

Respectfully submitted,

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By: /s/ Jennifer S. Anderson
Jennifer S. Anderson

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Attorney for Plaintiff
PAUL SOMERS

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DATED: October 19, 2016

Respectfully submitted,
SEYFARTH SHAW LLP

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By: /s/ Brian T. Ashe
Brian T. Ashe
Kyle A. Petersen
Shireen Y. Wetmore

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Attorneys for Defendants
DIGITAL REALTY TRUST
and ELLEN JACOBS

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[PROPOSED] ORDER
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GOOD CAUSE appearing therefore, it is hereby ORDERED that plaintiff's deposition shall be
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continued from October 26, 2016 to November 22, 2016.
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DATED:

10/19/16

THE HONORABLE KANDIS A. WESTMORE

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EXPEDITED STIPULATION TO CONTINUE PLAINTIFF’S DEPOSITION TO ALLOW FOR SUBSTITUTION OF
COUNSEL; [PROPOSED] ORDER / /CASE NO. 3:14-CV-05180 EMC (KAW)
35499843v.1