Klausner v. Lucas Film Entertainment Company LTD et al

Filing 37

ORDER re 36 Granting Stipulation Request For Order Changing Deadline To Complete Fact Discovery. Signed by Judge Claudia Wilken on 6/1/2010. (ndr, COURT STAFF) (Filed on 6/1/2010)

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MARGOLIS & TISMAN LLP
ATTORNEYS AT LAW -------------------601 MONTGOMERY STREET SUITE 2030 SAN FRANCISCO CALIFORNIA 94111

ROBERT M. LIEBER, ESQ. SBN: 039976 NAKI M. IRVIN, ESQ. SBN: 094120 MARGOLIS & TISMAN LLP 601 Montgomery Street, Suite 2030 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] Attorneys for Defendant INDUSTRIAL LIGHT AND MAGIC, a division of LUCASFILM ENTERTAINMENT COMPANY LTD. ANDREW F. PIERCE, ESQ. SBN: 101889 STACY NORTH, ESQ. SBN: 219034 PIERCE & SHEARER LLP 2483 E. Bayshore Road, Suite 202 Palo Alto, CA 94303 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] Attorneys for Plaintiff DREW KLAUSNER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

DREW KLAUSNER; Plaintiff, v. INDUSTRIAL LIGHT AND MAGIC, a division of LUCASFILM ENTERTAINMENT COMPANY LTD. and DOES 1 through 25, inclusive, Defendants.

Case No. CV 09-03502-CW STIPULATED REQUEST FOR ORDER CHANGING DEADLINE TO COMPLETE FACT DISCOVERY & ORDER; DECLARATION OF NAKI M. IRVIN [Fed. R. Civ. Proc. 29; Civ. L.R. 6-2]

Action Filed: July 30, 2009 Trial Date: April 11, 2011

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STIPULATED REQUEST FOR ORDER CHANGING FACT DISCOVERY DEADLINE

Case No. CV 09-03502-CW

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MARGOLIS & TISMAN LLP
ATTORNEYS AT LAW -------------------601 MONTGOMERY STREET SUITE 2030 SAN FRANCISCO CALIFORNIA 94111

STIPULATION OF THE PARTIES WHEREAS, pursuant to the Court's Case Management Order dated December 1, 2009 (docket no. 21), the deadline to complete fact discovery in this case is currently June 18, 2010; WHEREAS, the trial of this action is not scheduled to begin until April 11, 2011; WHEREAS, the parties desire to depose additional fact witnesses and extend the time to complete fact discovery; WHEREAS, Defendant's counsel is in trial in June 2010; WHEREAS, the only prior time modification in this case has been an extension of the expert discovery deadlines, and there has been no previous extension of the time to complete fact discovery; WHEREAS, continuing the deadline to complete fact discovery would not delay the trial date or otherwise affect the schedule for this case; THEREFORE, pursuant to Federal Rule of Civil Procedure 29 and Civil Local Rule 6-2, the parties to this action, by and through their counsel of record, do HEREBY STIPULATE AND REQUEST THE COURT TO ORDER that the deadline to complete fact discovery is extended from June 18, 2010 to July 31, 2010. // // // // // // // // //

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_________________________________________ STIPULATED REQUEST FOR ORDER CHANGING FACT DISCOVERY DEADLINE Case No. CV 09-03502-CW
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MARGOLIS & TISMAN LLP
ATTORNEYS AT LAW -------------------601 MONTGOMERY STREET SUITE 2030 SAN FRANCISCO CALIFORNIA 94111

IT IS SO STIPULATED. DATED: May 28, 2010 MARGOLIS & TISMAN LLP By: /s/ Naki M. Irvin NAKI M. IRVIN Attorneys for Defendant INDUSTRIAL LIGHT AND MAGIC, a division of LUCASFILM ENTERTAINMENT COMPANY LTD. DATED: May 28, 2010 PIERCE & SHEARER LLP By: /s/ Stacy North STACY NORTH Attorneys for Plaintiff DREW KLAUSNER

ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. The deadline to complete fact discovery is extended from June 18, 2010 to July 31, 2010.

DATED: 6/1/2010

__________________________________ HON. CLAUDIA WILKEN United States District Court Judge

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_________________________________________ STIPULATED REQUEST FOR ORDER CHANGING FACT DISCOVERY DEADLINE Case No. CV 09-03502-CW
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MARGOLIS & TISMAN LLP
ATTORNEYS AT LAW -------------------601 MONTGOMERY STREET SUITE 2030 SAN FRANCISCO CALIFORNIA 94111

DECLARATION OF NAKI M. IRVIN I, Naki M. Irvin, declare as follows: 1. 1. I have personal knowledge of the facts set forth below. I am a partner with Margolis & Tisman LLP, which is counsel of record in this

action for Defendant Industrial Light & Magic, a division of Lucasfilm Entertainment Company Ltd. ("Defendant"). Pursuant to Civil Local Rule 6-2(a), I make this declaration to accompany the parties' stipulated request for an order changing the fact discovery deadlines in this case. 2. The reason for the requested enlargement of time is that the parties require additional

time to complete fact discovery, including depositions of fact witnesses. Plaintiff noticed the depositions of four party witnesses to occur in June 2010. However, Defendant's lead counsel, Robert Lieber, and I are engaged in a jury trial for another case in June 2010. Plaintiff's counsel has agreed to reschedule the depositions to occur in July 2010. 3. The expert discovery deadlines were continued by the Court's order dated May 27,

2010. There have been no other time modifications in this case. 4. The requested time modification will not delay the trial, which is not scheduled to

begin until April 11, 2010, or otherwise affect the schedule for this case. I declare, under penalty of perjury, under the laws of the United States, that the foregoing is true and correct, and that this declaration was executed this 28th day of May, 2010, at San Francisco, California. /s/ Naki M. Irvin NAKI M. IRVIN

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_________________________________________ STIPULATED REQUEST FOR ORDER CHANGING FACT DISCOVERY DEADLINE Case No. CV 09-03502-CW
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