Hollie v. Concentra Health Services, Inc.

Filing 31

STIPULATION AND ORDER TO MODIFY PRETRIAL SCHEDULING ORDER TO EXTEND DEADLINE FOR NON-EXPERT DISCOVERY CUT-OFF re 30 Stipulation filed by Concentra Health Services, Inc., Norris Hollie. Signed by Judge Phyllis J. Hamilton on 1/17/12. (nah, COURT STAFF) (Filed on 1/17/2012)

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CHARLES L. THOMPSON, IV (State Bar No. 139927)
[e-mail]
JOHN G. LEE (State Bar No. 238899)
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Steuart Tower, Suite 1300
One Market Plaza
San Francisco, CA 94105
Telephone:
415.442.4810
Facsimile:
415.442.4870

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Attorneys for Defendant
CONCENTRA HEALTH SERVICES, INC.

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CHRISTOPHER R. LECLERC (State Bar No. 233479)
[e-mail]
LECLERC & LECLERC, LLP
235 Montgomery Street, Suite 1019
San Francisco, CA 94104
Telephone:
415.445.0900
Facsimile:
415.445.9977

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Attorneys for Plaintiff
DR. NORRIS HOLLIE

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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DR. NORRIS HOLLIE, an individual

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Plaintiff,
STIPULATION AND [PROPOSED]
ORDER TO MODIFY PRETRIAL
SCHEDULING ORDER TO EXTEND
DEADLINE FOR NON-EXPERT
DISCOVERY CUT-OFF

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Case No. C 10-5197 PJH

vs.
CONCENTRA HEALTH SERVICES, INC., a
Nevada corporation; and DOES 1-100,
inclusive

Action Filed:
Trial Date:

October 8, 2010
July 9, 2012

Defendants.

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11570787_1.DOC
Case No. C 10-5197 PJH
STIPULATION AND [PROPOSED] ORDER TO MODIFY PRETRIAL SCHEDULING ORDER TO EXTEND
DEADLINE FOR NON-EXPERT DISCOVERY CUT-OFF

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STIPULATION

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IT IS HEREBY STIPULATED AND AGREED by and between plaintiff Dr. Norris

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Hollie (“plaintiff”) and his attorneys of record, LeClerc & LeClerc, LLP and defendant

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Concentra Health Services, Inc. (“defendant”), by its attorneys of record Ogletree, Deakins,

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Nash, Smoak & Stewart, P.C., that the following Stipulation may be entered as an Order by the

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Court to give effect to the stipulation set forth below:

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1.

WHEREAS, the current deadline for the close of non-expert discovery is

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February 1, 2012 pursuant to the Court’s Case Management and Pretrial Order (“Pretrial

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Scheduling Order”) issued March 23, 2011;

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2.

WHEREAS, the parties participated in two unsuccessful mediations without first

conducting the depositions of either plaintiff or various defense witnesses;

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3.

WHEREAS, the parties require additional time to complete the deposition of

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plaintiff and various defense witnesses in light of calendaring conflicts among both the witnesses

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and their respective counsel of record,

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4.

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Scheduling Order;

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5.

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WHEREAS, this is the parties’ first request to modify any part of the Pretrial

WHEREAS, neither party will be prejudiced by a short extension of no less than

thirty days, for deadlines to complete non-expert discovery; and

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6.

WHEREAS, good cause exists for the Court to modify the Pretrial Scheduling

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Order to continue the aforementioned deadlines for no less than thirty days as laid out above;

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///

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11570787_1.DOC
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Case No. C 10-5197 PJH
STIPULATION AND [PROPOSED] ORDER TO MODIFY PRETRIAL SCHEDULING ORDER TO EXTEND
DEADLINE FOR NON-EXPERT DISCOVERY CUT-OFF

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NOW, THEREFORE, the Parties, through their respective counsel of record AGREE

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AND HEREBY STIPULATE that the Pretrial Scheduling Order of March 23, 2011 be

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modified to extend the deadline for the non-expert discovery cutoff from February 1, 2012 to

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February 29, 2012. All other dates shall remain the same.

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DATED: January 9, 2012

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LECLERC & LECLERC, LLP
By:

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/ s / Christopher R. LeClerc
Christopher R. LeClerc
Attorneys for Plaintiff
DR. NORRIS HOLLIE

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DATED: January 9, 2012

OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

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By:
/ s /

John G. Lee
John G. Lee
Attorneys for Defendant
CONCENTRA HEALTH SERVICES, INC.

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11570787_1.DOC
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Case No. C 10-5197 PJH
STIPULATION AND [PROPOSED] ORDER TO MODIFY PRETRIAL SCHEDULING ORDER TO EXTEND
DEADLINE FOR NON-EXPERT DISCOVERY CUT-OFF

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ATTESTATION PURSUANT TO GENERAL ORDER 45

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I, John G. Lee, hereby declare as follows:

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I am one of the attorneys of record for defendant Concentra Health Services, Inc. in this

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action and am duly licensed to practice law in the State of California and in the United States

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District Court for the Northern District of California.

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I hereby attest that concurrence from plaintiff’s attorney, Christopher R. LeClerc, has

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been obtained in the filing of this STIPULATION AND [PROPOSED] ORDER TO

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MODIFY PRETRIAL SCHEDULING ORDER TO EXTEND DEADLINE FOR NON-

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EXPERT DISCOVERY CUT-OFF.

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I declare under the penalty of perjury under the laws of the United States of America that
the foregoing is true and correct and, if called as a witness, I could testify competently thereto.
Executed at San Francisco, California, this 9th day of January, 2012.

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By:

/s/
John G. Lee

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11570787_1.DOC
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Case No. C 10-5197 PJH
STIPULATION AND [PROPOSED] ORDER TO MODIFY PRETRIAL SCHEDULING ORDER TO EXTEND
DEADLINE FOR NON-EXPERT DISCOVERY CUT-OFF

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ORDER
1.

WHEREAS, the current deadline for the close of non-expert discovery is

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February 1, 2012 pursuant to the Court’s Case Management and Pretrial Order (“Pretrial

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Scheduling Order”) issued March 23, 2011;

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2.

WHEREAS, the parties participated in two unsuccessful mediations without first

conducting the depositions of either plaintiff or various defense witnesses;
3.

WHEREAS, the parties require additional time to complete the deposition of

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plaintiff and various defense witnesses in light of calendaring conflicts among both the witnesses

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and their respective counsel of record,

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4.

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Scheduling Order;

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5.

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WHEREAS, this is the parties’ first request to modify any part of the Pretrial

WHEREAS, neither party will be prejudiced by a short extension of no less than

thirty days, for deadlines to complete non-expert discovery; and
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WHEREAS, good cause exists for the Court to modify the Pretrial Scheduling

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Order to continue the aforementioned deadlines for no less than thirty days as laid out above;

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GOOD CAUSE APPEARING THEREFOR, IT IS HEREBY ORDERED that the

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Pretrial Scheduling Order of March 23, 2011 be modified to extend the deadline for the non-

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expert discovery cutoff from February 1, 2012 to February 29, 2012. All other dates shall

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remain the same.

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S

J

ER

R NIA

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Hamilto

FO

yllis J.
udge Ph

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RT

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IT

NO

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Hon. Phyllis J. Hamilton
DERED
United States District Court Judge
SO OR
IS

LI

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By:

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DATED: 1/17/12

S DISTRICT
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O

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IT IS SO ORDERED.

UNIT
ED

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N

D IS T IC T
R

OF

C

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11570787_1.DOC
Case No. C 10-5197 PJH
STIPULATION AND [PROPOSED] ORDER TO MODIFY PRETRIAL SCHEDULING ORDER TO EXTEND
DEADLINE FOR NON-EXPERT DISCOVERY CUT-OFF