Guitron et al v. Wells Fargo Bank, N.A. et al

Filing 105

ORDER Granting 79 Stipulation TO EXTEND EXPERT DISCOVERY CUT-OFF DATE. Signed by Judge Claudia Wilken on 12/20/2011. (ndr, COURT STAFF) (Filed on 12/20/2011)

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Yosef Peretz (SBN 209288)
Emily A. Knoles (SBN 241671)
Michael D. Burstein (SBN 248516)
PERETZ & ASSOCIATES
22 Battery Street, Suite 202
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415.372.3791
Attorneys for Plaintiffs
YESENIA GUITRON and JUDI KLOSEK
Baldwin J. Lee (Bar No. 187413)
Alexander Nestor (Bar No. 202795)
Amy Morgenstern (Bar No. 267412)
ALLEN MATKINS LECK GAMBLE
MALLORY & NATSIS LLP
Three Embarcadero Center, 12th Floor
San Francisco, CA 94111-4074
Phone: [phone]
Fax: [phone]
E-Mail:[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants
WELLS FARGO BANK, N.A., WELLS FARGO & CO. AND
PAM RUBIO

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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CASE NO. CIV-10-03461 CW (MEJ)

YESENIA GUITRON; and JUDI KLOSEK,

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PARTIES' STIPULATION AND
[PROPOSED] ORDER TO EXTEND
EXPERT DISCOVERY CUT-OFF
DATE

Plaintiffs,

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v.

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WELLS FARGO BANK, N.A.; WELLS
FARGO & CO.; PAM RUBIO; and DOES 120,

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Defendants.

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STIPULATION AND [PROPOSED] ORDER TO EXTEND EXPERT DISCOVERY CUT-OFF DATE

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Plaintiffs YESENIA GUITRON and JUDI KLOSEK and Defendants WELLS FARGO

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BANK, N.A., WELLS FARGO & CO. and PAM RUBIO (collectively, “Defendants”) stipulate,

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as follows:
WHEREAS, the parties have designated seven expert witnesses, including three retained

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experts and three non-retained experts Plaintiffs have designated and one retained expert
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Defendants have designated;

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WHEREAS, a dispute arose between the parties regarding whether Defendants were
entitled to take a Rule 35 mental examination of Plaintiff Klosek;

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WHEREAS, Magistrate Judge Maria-Elena James ruled upon the parties' dispute in
favor of Defendants on December 1, 2011;

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WHEREAS, Plaintiffs intend to file a Motion for Relief from Nondispositive Pretrial

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Order on Magistrate Judge James’ ruling of December 1, 2011 pursuant Civil Local Rule 72.2,

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and thus are not scheduling Plaintiff Klosek's mental examination;
WHEREAS, because of the unavailability of the expert witnesses and counsel in
December 2011 and the dispute over the Rule 35 mental examination of Plaintiff Klosek, the
parties still have to schedule and take the depositions of the seven expert witness that were

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designated in this case, as well as schedule the mental examination of Plaintiff Klosek unless the

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Court grants Plaintiffs' Civil Local Rule 72.2 Motion;

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WHEREAS, the expert discovery cut-off date currently is December 16, 2011;

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WHEREAS, the parties need an additional 45 days to complete expert discovery,

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including the seven depositions and the mental examination;
THEREFORE, the parties stipulate and respectfully ask the Court to grant a 45-day

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extension of the expert discovery cut-off date to January 31, 2012.
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STIPULATION AND [PROPOSED] ORDER TO EXTEND EXPERT DISCOVERY CUT-OFF DATE

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IT IS SO STIPULATED THROUGH COUNSEL OF RECORD:
Dated: December 6, 2011

ALLEN MATKINS LECK GAMBLE
MALLORY & NATSIS LLP

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By: (-) Alexander Nestor
ALEXANDER NESTOR
Attorneys for Defendants

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Dated: December 6, 2011

PERETZ & ASSOCIATES

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By: (-) Yosef Peretz
YOSEF PERETZ
Attorneys for Plaintiffs

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[PROPOSED] ORDER

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Pursuant to the parties' Stipulation, and Good Cause appearing therefor, the Court

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hereby orders that the expert discovery cut-off date is continued from December 16, 2011, to

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January 31, 2012.

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IT IS SO ORDERED.

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Dated: December ___, 2011

By:____________________________
THE HON. CLAUDIA WILKEN
U.S. DISTRICT JUDGE

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STIPULATION AND [PROPOSED] ORDER TO EXTEND EXPERT DISCOVERY CUT-OFF DATE

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