Veliz et al v. Cintas Corporation et al

Filing 1554

STIPULATION AND ORDER 1553 (rslc1, COURT STAFF) (Filed on 3/5/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SQUIRE, SANDERS & DEMPSEY L . L . P . One Maritime Plaza, Suite 300 San Francisco, CA 94111-3492 SQUIRE, SANDERS & DEMPSEY L.L.P. Mark C. Dosker (CA Bar # 114789) Diane L. Gibson (CA Bar # 114825) Michael W. Kelly (CA Bar # 214038) Joseph A. Meckes (CA Bar # 190279) Angela N. O'Rourke (CA Bar # 211912) One Maritime Plaza, Third Floor San Francisco, CA 94111-3492 Telephone: +1.415.954.0200 Facsimile: +1.415.393.9887 Attorneys for Defendants CINTAS CORPORATION and PLAN ADMINISTRATOR FOR THE CINTAS PARTNERS' PLAN *E-Filed 3/5/09* UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION PAUL VELIZ, et al., on behalf of themselves and all others similarly situated. Plaint iffs, vs. CINTAS CORPORATION, an Ohio corporation; PLAN ADMINISTRATOR for the Cintas Partners' Plan; and DOES 125, inclusive, Defendants. Case No. C-03-01180 (RS)(MEJ) [E-FILING] CLASS ACTION STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULING OF EXPERT WITNESS DEPOSITION SET BY ORDER AT DOCKET 1551 STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULING OF DEPOSITION SET BY ORDER AT DOCKET 1551, Case No. 03-01180 (RS)(MEJ) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SQUIRE, SANDERS & DEMPSEY L . L . P . One Maritime Plaza, Suite 300 San Francisco, CA 94111-3492 WHEREAS, the Court's Order issued on February 19, 2009, Dkt 1551, allows Plaintiffs to provide a supplemental report from their expert witness Dr. Richard Drogin on or before March 3, 2009, and allows Cintas Corporation ("Cintas") to conduct a "further" deposition of Dr. Drogin with ten days of the filing of Drogin's supplemental report; WHEREAS, the deposition of Dr. Drogin, when it takes place, will not be a "further" deposition because Dr. Drogin has not yet appeared for deposition in this case; WHEREAS, certain scheduling issues have recently arisen which require extending the deadline for Cintas to take Dr. Drogin's deposition by a period of eight (8) days, through and including March 25, 2009. (Cintas states that these issues include (a) that Cintas' expert, Dr. Patrick Kennedy, has now informed Cintas' counsel that he will be traveling internationally and thus unavailable on March 13, 16 and 17, 2009, and (b) the attorney for Cintas who is preparing to take Dr. Drogin's deposition is scheduled to appear in Court in Los Angeles on March 12, 2009. As a result, unless the deadline to take Dr. Drogin's deposition is extended, under the terms of the February 19, 2009 Order Cintas would have only at most eight (8) days to review and consider whatever supplemental report Dr. Drogin provides and to prepare for the deposition, and for Dr. Kennedy to attend if Cintas determines that it wishes to have Dr. Kennedy attend the deposition); WHEREAS, each of the respective parties' agreement to each and all of the matters herein is conditioned upon the Court's approval, by entry of the Order stipulated to herein, of this entire Stipulation as written; NOW, THEREFORE, the parties hereto, by and through their respective undersigned counsel, hereby stipulate to an order of the Court as follows: 1. The deadline for Plaintiffs to provide a supplemental report of Dr. Drogin is extended through and including March 4, 2009; 2. The deadline for Cintas to take Dr. Drogin's deposition is extended through and including March 25, 2009; 3. /// -1STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULING OF DEPOSITION SET BY ORDER AT DOCKET 1551, Case No. 03-01180 (RS)(MEJ) Plaint iffs shall serve Dr. Drogin's supplemental report by e-mail; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SQUIRE, SANDERS & DEMPSEY L . L . P . One Maritime Plaza, Suite 300 San Francisco, CA 94111-3492 4. Plaint iffs' counsel shall accept service on behalf of Dr. Drogin of a deposition subpoena addressed to him. IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. Dated: March 3, 2009 SQUIRE, SANDERS & DEMPSEY L.L.P. By: /s/ Diane L. Gibson Attorneys for Defendants CINTAS CORPORATION and PLAN ADMINISTRATOR FOR THE CINTAS PARTNERS' PLAN Dated: March 3, 2009 COUGHLIN STOIA GELLER RUDMAN & ROBBINS L.L.P. By: /s/ James A. Caputo Attorneys for Plaintiffs ORDER Pursuant to the above Stipulation, IT IS SO ORDERED. Dated: March________, 2009 5 RICHARD SEEBORG United States Magistrate Judge -2STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULING OF DEPOSITION SET BY ORDER AT DOCKET 1551, Case No. 03-01180 (RS)(MEJ)

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