Calderon v. Davey Tree Surgery Company

Filing 21

STIPULATION AND ORDER Discovery due by 1/4/2013. Motions due by 3/12/2013.. Signed by Judge ARMSTRONG on 11/6/12. (lrc, COURT STAFF) (Filed on 11/8/2012)

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RICHARD H. HARDING, Bar No. 053698
MICHAEL E. BREWER, Bar No. 177912
ALEXA L. WOERNER, Bar No. 267609
LITTLER MENDELSON, P.C.
A Professional Corporation
Treat Towers
1255 Treat Boulevard
Suite 600
Walnut Creek, CA 94597
Telephone:
925.932.2468
Fax No.:
925.946.9809
Attorneys for Defendant
DAVEY TREE SURGERY COMPANY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT

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FELIPE CALDERON,

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Plaintiff,
v.

Case No. 4:11-CV-05486-SBA
STIPULATION AND ORDER TO
EXTEND DISCOVERY AND
RELATED DEADLINES

DAVEY TREE SURGERY COMPANY, and
DOES 1-50,

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Defendant.
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Plaintiff FELIPE CALDERON (“Plaintiff”) and Defendant DAVEY TREE

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SURGERY COMPANY (“Defendant”) (collectively “The Parties”), hereby stipulate and agree to

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the following:

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WHEREAS, in the Order for Pretrial Preparation filed in this matter on March 8,

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2012, the Honorable Saundra Brown Armstrong ordered the Parties: to complete all discovery, with

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the exception of expert discovery, by November 2, 2012; to designate expert witnesses by November

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2, 2012; to disclose rebuttal witnesses by November 30, 2012; and to complete all discovery

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pertaining to expert witnesses by January 11, 2013 (Court Docket No. 17);

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WHEREAS, in the Order for Pretrial Preparation filed in this matter on March 8,

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2012, the Honorable Saundra Brown Armstrong ordered that all motions, including dispositive

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motions shall be heard on or before January 8, 2012 at 1:00 p.m. (Court Docket No. 17);

LITTLER MENDELSON, P.C.
A PROFESSIONAL CORPORATION
Treat Towers
1255 Treat Boulevard
Suite 600
Walnut Creek, CA 94597
925.932.2468

CASE NO.: 4:11-cv-05486-SBA
STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY AND RELATED DEADLINES

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WHEREAS, the Parties have exchanged written discovery and have otherwise been
diligently and in good faith engaging in mutual discovery;

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WHEREAS, the Parties each intend to take one or more depositions in this case but

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have not yet noticed those depositions because the Parties are currently involved in settlement

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negotiations;

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WHEREAS, the Parties are attempting to resolve this matter before incurring the

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significant costs and expenses associated with the completion of depositions and preparing for trial

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and before incurring the potential disruption to the business of Defendant;

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WHEREAS, the Parties the parties believe it would preserve the Parties’ and the

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Court’s resources were the Parties able to further explore a negotiated resolution to this case prior to

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engaging in further discovery;

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WHEREAS, the Parties and their counsel respectfully request that: the November 2,

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2012 non-expert discovery deadline be continued until January 4, 2013, so that the Parties may

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explore the informal resolution of this matter prior to completing all anticipated discovery; the

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deadline to designate expert witnesses be continued from November 2, 2012 to January 4, 2013; the

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deadline to disclose rebuttal witnesses be continued from November 30, 2012 to February 1, 2013;

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the deadline to complete all discovery pertaining to expert witnesses be continued from January 11,

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2013 to March 8, 2013; and the deadline hear motions be continued from January 8, 2012 at 1:00

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p.m. to March 12, 2013 at 1:00 p.m.; and

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WHEREAS, neither party nor their counsel has previously requested an extension of
deadlines in this case;
THEREFORE, IT IS HEREBY STIPULATED by and between the Parties, through
their respective counsel, that:

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January 4, 2013;

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2.

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LITTLER MENDELSON, P.C.
A PROFESSIONAL CORPORATION
Treat Towers
1255 Treat Boulevard
Suite 600
Walnut Creek, CA 94597
925.932.2468

The non-expert discovery cut-off be continued from November 2, 2012 to

The deadline the deadline to designate expert witnesses be continued from

November 2, 2012 to January 4, 2013;
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The deadline to disclose rebuttal witnesses be continued from November 30,
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STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY AND RELATED DEADLINES

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2012 to February 1, 2013;
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The deadline to complete all discovery pertaining to expert witnesses be

continued from January 11, 2013 to March 8, 2013; and

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5.

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to March 12, 2013 at 1:00 p.m.

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The deadline to hear motions be continued from January 8, 2012 at 1:00 p.m.

IT IS SO STIPULATED

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Dated: October 18, 2012
_/S/ Michael E. Brewer_____________
RICHARD H. HARDING
MICHAEL E. BREWER
ALEXA L. WOERNER
LITTLER MENDELSON, P.C.
A Professional Corporation
Attorneys for Defendant
DAVEY TREE SURGERY COMPANY

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Dated: October 18, 2012

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/S/ Michael J. Reed
MICHAEL J. REED
Attorneys for Plaintiff
FELIPE CALDERON

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______

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As good cause exists due to Parties’ attempts to resolve this matter before incurring

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the significant costs and expense associated with the completion of additional discovery and trial

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preparation and before incurring the disruption to the business of Defendant, the Court hereby

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modifies its Order for Pretrial Preparation filed in this matter on March 8, 2012, as stipulated above.

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IT IS SO ORDERED.

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Dated: November 6, 2012
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By:
Honorable Sandra Brown Armstrong
UNITED STATES DISTRICT JUDGE

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LITTLER MENDELSON, P.C.
A PROFESSIONAL CORPORATION
Treat Towers
1255 Treat Boulevard
Suite 600
Walnut Creek, CA 94597
925.932.2468

Firmwide:115415441.1 001365.1154

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STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY AND RELATED DEADLINES