Gaytan v. Solis

Filing 84

STIPULATION AND CASE MANAGEMENT SCHEDULING ORDER: Discovery due by 2/29/2012.. Signed by Judge ARMSTRONG on 12/6/11. (lrc, COURT STAFF) (Filed on 12/7/2011)

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MELINDA HAAG (SBN 132612)
United States Attorney
JOANN M. SWANSON (SBN 88143)
Chief, Civil Division
MICHAEL T. PYLE (SBN 172954)
Assistant United States Attorney

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150 Almaden Blvd., Suite 900
San Jose, California 95113
Telephone: [phone]
FAX: [phone]
[e-mail]

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Attorneys for Defendant Hilda Solis, Secretary of Labor
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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RICHARD GAYTAN,
Plaintiff,

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v.
HILDA SOLIS, Secretary of Labor,
Defendant.

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No. C 07-6367 SBA

STIPULATION AND ORDER TO
CONTINUE FACT DISCOVERY AND
EXPERT DISCLOSURES DEADLINE

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IT IS HEREBY STIPULATED by and between the undersigned, subject to the approval

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of the Court, that the deadline for completing fact discovery and and expert disclosures is

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extended from January 31, 2012 to February 29, 2012.

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This stipulation was agreed to at the request of counsel for Defendant after learning that

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Mr. Gaytan is scheduled to have surgery on December 15 and will need six weeks to recuperate.

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Defendant has begun the deposition of Mr. Gaytan, but it has not been completed. The parties

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had agreed to complete the deposition in early January, but Mr. Gaytan subsequently learned that

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he will be having surgery on December 15 and will need six weeks to recuperate. Defendant

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would like to accommodate Mr. Gaytan’s post-surgery recuperation period. This would mean

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C 07-6367 SBA
STIPULATION AND [PROPOSED] ORDER CONTINUING DISCOVERY/DISCLOSURE DATE

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that Mr. Gaytan’s deposition could not be completed until late January or early February 2012.

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(Defendant’s counsel has long-scheduled leave from December 1-19, 2011.) Among other

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things, Defendant needs to complete the deposition in order to determine whether, and on what

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terms, settlement of this dispute would be appropriate. The parties intend to schedule the

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completion of Mr. Gaytan’s deposition on a date when a representative of the Department of

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Labor would be present to meet Mr. Gaytan and hear his testimony in person. The Court has

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continued the fact discovery deadline and expert disclosure deadline once to its current date of

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January 31, 2012. The parties request that this date be continued to February 29, 2012. The

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parties do not believe that any other dates set by the Court would need to be continued because

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of this stipulation.

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DATED: November 28, 2011

By:

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___/s/ Richard Gaytan____________
RICHARD GAYTAN
Plaintiff

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MELINDA HAAG
United States Attorney

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DATED: November 28, 2011

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By:

___/s/ Michael T. Pyle____________
MICHAEL T. PYLE
Assistant United States Attorney
Attorneys for Defendant

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PURSUANT TO STIPULATION, IT IS SO ORDERED:
The fact discovery and expert discosure deadline is continued from January 31, 2012 to
February 29, 2012. All other dates previously set by the Court remain in place.

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DATED:12/6/11

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HON. SANDRA BROWN ARMSTRONG
United States District Chief Judge

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C 07-6367 SBA
STIPULATION AND [PROPOSED] ORDER CONTINUING DISCOVERY/DISCLOSURE DATE

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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GAYTAN et al,
Case Number: CV07-06367 SBA

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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SOLIS et al,
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Defendant.
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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on December 7, 2011, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.

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Richard Gaytan
433 Red Lion Way
Newman, CA 95360

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Dated: December 7, 2011

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Richard W. Wieking, Clerk
By: LISA R CLARK, Deputy Clerk

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C 07-6367 SBA
STIPULATION AND [PROPOSED] ORDER CONTINUING DISCOVERY/DISCLOSURE DATE

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