Greenbaum v. The Burlington Insurance Company

Filing 25


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1 THOMAS HOLDEN (No. 130277) GREENBERG TRAURIG, LLP 2 Four Embarcadero Center, Suite 3000 San Francisco, CA 94111 (415) 655-1266 3 Telephone: Facsimile: (415) 707-2010 4 5 Attorneys for Defendant THE BURLINGTON 6 INSURANCE COMPANY 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 PETER GREENBAUM, Plaintiff; 12 13 v. Case No. 16-cv-00511-RS ORDER STIPULATION TO PERMIT CERTAIN DEPOSITIONS AFTER THE NON-EXPERT DISCOVERY CUTOFF 14 THE BURLINGTON INSURANCE COMPANY, 15 Defendant. 16 17 WHEREAS, the cutoff for non-expert discovery in this matter is October 28, 2016; 18 WHEREAS, Plaintiff served Defendant with three deposition notices on September 28, 2016, 19 for the depositions of the following witnesses from The Burlington Insurance Company on October 20 12 and 13, 2016: 1) BJ Cleaver; 2) Clifford Kelly; and 3) Person(s) Most Knowledgeable from The 21 Burlington Insurance Company (the “Depositions”); WHEREAS, on September 29, 2016, Defendant filed a motion for summary judgment to be 22 23 heard on November 3, 2016; WHEREAS, Defendant advised Plaintiff that Defendant intended to seek a protective order to 24 25 continue the Depositions until after the November 3, 2016 summary judgment hearing; WHEREAS, Plaintiff’s opposition to the motion for summary judgment is due on October 13, 26 27 2016; 28 WHEREAS, Plaintiff has objected to Defendant’s request to continue the Depositions, but a STIPULATION TO PERMIT CERTAIN DEPOSITIONS AFTER DISCOVERY CUTOFF SV 347028301v1 1 dispute remains over the timing of the Depositions; 2 WHEREAS, Plaintiff reserves all of its right under Federal Rule of Civil Procedure 56(d) on 3 the grounds that Plaintiff cannot present facts essential to justify its opposition without conducting 4 the Depositions; and 5 WHEREAS, there have been no previous time modifications in this case; 6 THEREFORE, the parties to this action, through their counsel of record, hereby STIPULATE 7 as follows: 8 9 10 1. The Depositions are hereby continued until after the November 3, 2016 hearing on Defendant’s motion for summary judgment, or a time consistent with the Court’s ruling on the motion for summary judgment; 11 2. Defendant will not object to the Depositions based on the non-expert discovery cutoff; and 12 3. Defendant reserves all other bases on which to object to the Depositions. 13 Dated: October 7, 2016 GREENBERG TRAURIG, LLP 14 By: /s/ Thomas Holden Thomas Holden 15 Attorneys for Defendant THE BURLINGTON INSURANCE COMPANY 16 17 18 19 Dated: October 10, 2016 MILES & WESTBROOK 20 By: 21 /s/ Brian B. Miles Brian B. Miles 22 Attorneys for Plaintiff PETER GREENBAUM 23 24 25 PURSUANT TO STIPULATION, IT IS SO ORDERED. 26 Dated: October ____, 2016 11 _______________________________________ Richard Seeborg United States District Judge 27 28 2 STIPULATION TO PERMIT CERTAIN DEPOSITIONS AFTER DISCOVERY CUTOFF SV 347028301v1

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