Calderon v. Davey Tree Surgery Company

Filing 23

STIPULATION AND ORDER Discovery due by 2/15/2013. Motions due by 4/26/2013.. Signed by Judge ARMSTRONG on 12/10/12. (lrc, COURT STAFF) (Filed on 12/13/2012)

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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, on November 6, 2012, the Honorable Saundra Brown Armstrong,

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pursuant to the Parties’ stipulation, ordered the Parties: to complete all discovery, with the exception

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of expert discovery, by January 4, 2013; to designate expert witnesses by January 4, 2013; to

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disclose rebuttal witnesses by February 1, 2013; and to complete all discovery pertaining to expert

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witnesses by March 8, 2013 (Court Docket No. 21);

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WHEREAS, on November 6, 2012, the Honorable Saundra Brown Armstrong,

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pursuant to the Parties’ stipulation, ordered that all motions, including dispositive motions shall be

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heard on or before March 12, 2013 at 1:00 p.m. (Court Docket No. 21);

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 requests and have

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otherwise engaged in mutual discovery. Each party intends to take one or more depositions in this

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case and Plaintiff’s deposition is currently noticed for December 28, 2012;

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

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significant costs and expenses associated with the completion of depositions, written discovery, and

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discovery motions, with preparing for trial and before incurring the potential disruption to the

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business of Defendant;

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WHEREAS, Plaintiff’s responses to Defendant’s written discovery requests are

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overdue and Defendant intends to file a motion to compel responses if the matter cannot be resolved

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through a further meet and confer process. The Parties wish to have additional time to resolve

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discovery disputes prior to court intervention.

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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 and discovery motions;

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WHEREAS, the Parties and their counsel respectfully request that: the January 4,

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2013 non-expert discovery deadline be continued until February 15, 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 January 4, 2013 to February 15, 2013; the

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deadline to disclose rebuttal witnesses be continued from February 1, 2013 to March 15, 2013; the

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deadline to complete all discovery pertaining to expert witnesses be continued from March 8, 2013

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to March 29, 2013 ; and the deadline hear motions be continued from March 12, 2013 at 1:00 p.m. to

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April 26, 2013; and

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WHEREAS, on October 18, 2012, by stipulation, the Parties previously requested an

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extension of deadlines in this case. Further extension of dates will not affect the May 13, 2013 trial

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date currently scheduled in this case;

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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

THEREFORE, IT IS HEREBY STIPULATED by and between the Parties, through
their respective counsel, that:
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The non-expert discovery cut-off be continued from January 4, 2013 to
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STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY AND RELATED DEADLINES

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February 15, 2013;
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The deadline the deadline to designate expert witnesses be continued from

January 4, 2013 to February 15, 2013;
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The deadline to disclose rebuttal witnesses be continued from February 1,

2013 to March 15, 2013;
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The deadline to complete all discovery pertaining to expert witnesses be

continued from March 8, 2013 to March 29, 2012; and
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The deadline to hear motions be continued from March 12, 2013 at 1:00 p.m.

to April 26, 2013 at 1:00 p.m.
IT IS SO STIPULATED

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Dated: December 7, 2012
_/S/ Michael E. Brewer_____________
RICHARD H. HARDING
MICHAEL E. BREWER
LITTLER MENDELSON, P.C.
Attorneys for Defendant
DAVEY TREE SURGERY COMPANY

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Dated: December 7, 2012

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/S/ Michael J. Reed
MICHAEL J. REED
Attorney 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 the

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

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motions, and trial preparation and before incurring the disruption to the business of Defendant, the

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Court hereby modifies its Order filed in this matter on November 6, 2012, as stipulated above.

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IT IS SO ORDERED.

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Dated: December 10, 2012

By:

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Honorable Sandra Brown Armstrong
UNITED STATES DISTRICT JUDGE

Firmwide:116718912.3 001365.1154

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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

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