Moralez v. Beverages & More, Inc. et al

Filing 46

ORDER by Judge Haywood S. Gilliam, Jr. Granting 44 Stipulation to extend fact discovery deadline. (ndr, COURT STAFF) (Filed on 11/21/2018)

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Zachary M. Best, SBN 166035
MISSION LAW FIRM, A.P.C.
332 North Second Street
San Jose, California 95112
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff,
Francisca Moralez

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FRANCISCA MORALEZ,

) No. 4:17-cv-05132-HSG
)
) STIPULATION TO EXTEND FACT
Plaintiff,
)
) DISCOVERY DEADLINE; ORDER
vs.
)
)
)
BEVERAGES & MORE, INC. dba BEVMO, )
)
et al.,
)
)
Defendants.
)
)
)
)

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Plaintiff, Francisca Moralez (“Plaintiff”), noticed the deposition of Defendant

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Beverages & More, Inc. (“Defendant”)’s Person Most Knowledgeable (“PMK”) for November

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7, 2018. On November 1, 2018, Defendant filed a request to stay this matter (Dkt. 41). On

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November 2, 2018, Defendant objected to the deposition notice of its PMK because its stay

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request was pending before this Court and the deponent was not available on the chosen date.

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The Court has yet to rule on the stay request.

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Additionally, the parties have met and conferred regarding Defendant’s responses to

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Plaintiff’s Request for Production of Documents. Defendant has agreed to produce documents,

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however, due to the Thanksgiving holiday, Defendant cannot assemble the documents to be

SMRH:488464266.1

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produced prior to the discovery deadline, which is November 23, 2018. Therefore, in order for

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the parties to finish discovery in this matter, they request to move the fact discovery deadline

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up to, and including December 13, 2018. The parties are not seeking to alter any other date

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in the Court’s Scheduling Order.

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IT IS HEREBY STIPULATED by and between Plaintiff and Defendant

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(collectively, the “Parties”), the only parties remaining in this action, through their respective

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attorneys of record, that the Parties can conduct fact discovery up to, and including December

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13, 2018. Defendant shall provide a corporate representative for the PMK deposition on

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December 13, 2018. Defendant will also either provide documents that it agreed to produce in

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response to Plaintiff’s Request for Production of Documents to Plaintiff, or make them

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available for copying by Plaintiff, by December 10, 2018.

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Dated: November 20, 2018

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MISSION LAW FIRM, A.P.C.
/s/ Zachary M. Best
Zachary M. Best
Attorneys for Plaintiff,
Francisca Moralez

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Dated: November 20, 2018

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/s/ Michael J. Chilleen
Gregory F. Hurley
Michael J. Chilleen
Attorneys for Defendant,
Beverages & More, Inc.

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SHEPPARD, MULLIN, RICHTER
& HAMPTON LLP

ATTESTATION
Concurrence in the filing of this document has been obtained from each of the individual(s)
whose electronic signature is attributed above.

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/s/ Zachary M. Best
Zachary M. Best
Attorneys for Plaintiff

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SMRH:488464266.1

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ORDER

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The Parties having so stipulated and good cause appearing,
IT IS HEREBY ORDERED that the fact discovery deadline in this matter is extended
up to and including December 13, 2018.
IT IS FURTHER ORDERED that Defendant shall provide a corporate representative
for the PMK deposition on December 13, 2018.

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IT IS FURTHER ORDERED that Defendant will also either provide documents that

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it agreed to produce in response to Plaintiff’s Request for Production of Documents to

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Plaintiff, or make them available for copying by Plaintiff, by December 10, 2018.

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IT IS SO ORDERED.

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Dated: November 21, 2018
United States District Judge

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SMRH:488464266.1

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