Greenbaum v. The Burlington Insurance Company

Filing 25

STIPULATION AND ORDER TO PERMIT CERTAIN DEPOSITIONS AFTER THE NON-EXPERT DISCOVERY CUTOFF. Signed by Judge Richard Seeborg on 10/11/16. (cl, COURT STAFF) (Filed on 10/11/2016)

1 THOMAS HOLDEN (No. 130277)
GREENBERG TRAURIG, LLP
2 Four Embarcadero Center, Suite 3000
San Francisco, CA 94111
[phone]
3 Telephone:
Facsimile:
[phone]
4 [e-mail]
5 Attorneys for Defendant
THE BURLINGTON
6 INSURANCE COMPANY
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8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

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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.
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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

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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;
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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
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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:
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9
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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;

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2. Defendant will not object to the Depositions based on the non-expert discovery cutoff; and

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3. Defendant reserves all other bases on which to object to the Depositions.

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Dated: October 7, 2016

GREENBERG TRAURIG, LLP

14
By:

/s/ Thomas Holden
Thomas Holden

15

Attorneys for Defendant
THE BURLINGTON INSURANCE
COMPANY

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17
18
19 Dated: October 10, 2016

MILES & WESTBROOK

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By:

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/s/ Brian B. Miles
Brian B. Miles

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Attorneys for Plaintiff
PETER GREENBAUM

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24

25 PURSUANT TO STIPULATION, IT IS SO ORDERED.
26 Dated: October ____, 2016
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_______________________________________
Richard Seeborg
United States District Judge

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STIPULATION TO PERMIT CERTAIN DEPOSITIONS AFTER DISCOVERY CUTOFF
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