Herson et al v. City of Richmond

Filing 71

STIPULATION AND ORDER TO EXTEND TIME FOR DEPOSITION BEYOND DISCOVERY CUTOFF re 62 Stipulation filed by City of Richmond. Signed by Judge Phyllis J. Hamilton on 8/17/10. (nah, COURT STAFF) (Filed on 8/17/2010)

1 RANDY RIDDLE (CA State Bar No. 121788) CITY ATTORNEY 2 KEVIN SCOTT DICKEY (CA State Bar No. 184251) CHIEF DEPUTY CITY ATTORNEY 3 CITY OF RICHMOND 450 Civic Center Plaza 4 Richmond, CA 94804-1630 Telephone: [phone] Facsimile: [phone] randy [e-mail] 6 ANDREW W. SCHWARTZ (CA State Bar No. 87699) 7 MATTHEW D. ZINN (CA State Bar No. 214587) WINTER KING (CA State Bar No. 237958) 8 SHUTE, MIHALY & WEINBERGER LLP 396 Hayes Street 9 San Francisco, CA 94102 Telephone: [phone] Facsimile: [phone] [e-mail] 11 [e-mail] [e-mail] 12 Attorneys for Defendant 13 CITY OF RICHMOND 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 OAKLAND DIVISION 17 18 JEFFREY HERSON, an individual; EAST 19 BAY OUTDOOR, INC., a California corporation, 20 Plaintiffs, 21 v. 22 CITY OF RICHMOND, a charter city, 23 Defendant. 24 25 26 27 28
STIPULATION TO EXTEND TIME FOR DEPOSITION; [PROPOSED] ORDER CASE NO. 9-cv-02516-PJH

Case No. 4:09-cv-02516-PJH STIPULATION TO EXTEND TIME FOR DEPOSITION BEYOND DISCOVERY CUTOFF; [PROPOSED] ORDER Judge: Honorable Phyllis J. Hamilton Dept.: Courtroom 3 Trial Date: None set

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WHEREAS, Plaintiffs have noticed a deposition of Defendant's person or persons most

2 knowledgeable pursuant to Fed. R. Civ. P. 30(b)(6) for August 17, 2010 ("PMK Deposition"); 3 WHEREAS, given the numerous subjects included in the notice, the preparation required

4 for the PMK Deposition will be extensive, Defendant wishes to extend the date of the deposition 5 to September 7, 2010; 6 WHEREAS, this Court's Case Management and Pretrial Order establishes August 25,

7 2010 as the cutoff for non-expert discovery; 8 WHEREAS, the parties cannot agree about whether that cutoff should be extended, and

9 Defendant plans to apply separately to this Court to extend the cutoff, but the parties have 10 agreed to request that this Court allow the PMK Deposition to occur after the existing cutoff; 11 and 12 WHEREAS, although this stipulation involves a discovery matter, because it also

13 involves an exception to a deadline set in this Court's Case Management and Pretrial Order, it 14 has not been designated in the caption as a discovery matter. 15 NOW, THEREFORE, the parties hereby agree and request that the Court order as

16 follows: 17 1. Notwithstanding the non-expert discovery cutoff presently set for August 25,

18 2010, the deposition noticed by Plaintiffs pursuant to Fed. R. Civ. P. 30(b)(6) for August 17, 19 2010 shall be held instead on September 7, 2010 at the same time and place indicated in the 20 notice of deposition. 21 2. Defendant waives notice of the new date of the PMK Deposition. SHUTE, MIHALY & WEINBERGER LLP

22 DATED: August 11, 2010 23 24 25 26 27 28

By: /s/ Matthew D. Zinn MATTHEW D. ZINN Attorneys for Defendant CITY OF RICHMOND

STIPULATION TO EXTEND TIME FOR DEPOSITION; [PROPOSED] ORDER CASE NO. 9-cv-02516-PJH

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DATED: August 11, 2010

BOSTWICK & JASSY LLP

/s/ Gary L. Bostwick (concurrence in filing By: obtained on August 11, 2010) GARY L. BOSTWICK Attorneys for Plaintiffs JEFFREY HERSON and EAST BAY OUTDOOR, INC.

STIPULATION TO EXTEND TIME FOR DEPOSITION; [PROPOSED] ORDER CASE NO. 9-cv-02516-PJH

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[PROPOSED] ORDER Pursuant to stipulation, and good cause appearing, IT IS HEREBY ORDERED THAT: 1. Notwithstanding the non-expert discovery cutoff presently set for August 25,

4 2010, the deposition noticed by Plaintiffs pursuant to Fed. R. Civ. P. 30(b)(6) for August 17, 5 2010 shall be held instead on September 7, 2010 at the same time and place indicated in the 6 notice of deposition. 7 8 9 10 11
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Plaintiffs need not serve a revised notice of deposition reflecting the new date.

IT IS SO ORDERED.
17 DATED: August ___, 2010
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STIPULATION TO EXTEND TIME FOR DEPOSITION; [PROPOSED] ORDER CASE NO. 9-cv-02516-PJH

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HON. PHYLLIS J.SHAMILTON ERED O ORD IT IS United States District Judge
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