Paulsen et al v. CNF, Inc et al

Filing 244

STIPULATION AND ORDER re 240 Deposition Schedule. Signed by Judge Patricia V. Trumbull on 8/30/10. (pvtlc1) (Filed on 8/31/2010)

Paulsen et al v. CNF, Inc et al

Doc. 244

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Teresa S. Renaker ­ CA State Bar No. 187800 [e-mail] Jeffrey Lewis ­ CA State Bar No. 66587 [e-mail] Catha Worthman ­ CA State Bar No. 230399 [e-mail] LEWIS, FEINBERG, LEE, RENAKER & JACKSON, P.C. 1330 Broadway, Suite 1800 Oakland, CA 94612 Telephone: [phone] Facsimile: [phone] Steven M. Tindall ­ CA State Bar No. 187862 [e-mail] Carole Vigne ­ CA State Bar No. 251829 [e-mail] RUKIN HYLAND DORIA & TINDALL LLP 100 Pine Street, Suite 725 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Robert E. Mangels [e-mail] Susan Allison [e-mail] Jeffer, Mangels, Butler & Marmaro LLP 1900 Avenue of the Stars, 7th Floor Los Angeles, California 90067 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant Towers, Perrin, Forster & Crosby, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION THOMAS A. PAULSEN, et al. Plaintiffs, v. CNF, INC., et al. Defendants. CASE NO. C 03-03960 JW (PVT) STIPULATION AND ORDER RE: DEPOSITION SCHEDULE

Stipulation and Order Re: Deposition Schedule

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Pursuant to Northern District of California Local Rules 6-2, 7-12 and 30-1, the Parties stipulate as set forth below. WHEREAS, the Court entered its latest Scheduling Order in this matter on July 13, 2010 (Dkt. #222); WHEREAS, under that Scheduling Order, the close of fact discovery is currently scheduled for September 20, 2010 (See Dkt. #222, at 3); WHEREAS, the Parties have scheduled two depositions in August, and ten depositions in September, including multiple depositions of third parties to the case as well as current and former employees of Towers, Perrin, Forster & Crosby, Inc. ("Towers Perrin")1; WHEREAS, despite repeated attempts to do so, the Parties were not able to schedule the September depositions earlier due to scheduling conflicts;

13 14 15 16 17 18 19 20 depositions Plaintiffs wish to schedule; 21 22 23 24 25 26 27 28
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WHEREAS, there are still up to seven additional depositions Plaintiffs intend to schedule, including depositions of certain additional current and former employees of Towers Perrin; WHEREAS, counsel for Towers Perrin represents at least one of the further witnesses whose deposition has yet to be scheduled (current Towers Perrin employee, Steven Gamble), and has indicated that it may represent two additional witnesses (former Towers Perrin employees, Erika Liska and Paul Kim), but does not now represent the other former Towers employees whose

and WHEREAS, scheduling depositions soon after September 20, 2010 will not affect the remainder of the case schedule, so long as those depositions are scheduled as soon as possible after that date;

Towers Perrin is now Towers Watson, pursuant to a recent corporate merger.

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IT IS HEREBY AGREED AND STIPULATED BY THE PARTIES, if the Court approves, as follows: (1) The deposition of Steven Gamble, a current Towers Perrin employee, will be

scheduled for September 22, 2010 in Seattle; provided, however, that Plaintiffs reserve the right to notice the deposition for an earlier date if the Court does not so approve; (2) Depositions of Erika Liska and Paul Kim, former Towers Perrin employees, may be

scheduled for the week of September 20, 2010, subject to their availability, provided that they wish to be represented by counsel for Towers Perrin; and further provided that Plaintiffs reserve the right to subpoena them for earlier dates if, by August 30, 2010, there is no confirmation of their representation by counsel for Towers Perrin or of their availability; (3) If Erika Liska and Paul Kim are unavailable until after the week of September 20,

13 14 15 16 17 18 19 20 2010. 21 22 23 24 25 26 27 28 The Parties respectfully request that the Court approve this stipulation as soon as possible before the current close of fact discovery now set for September 20, 2010. 2010, and if they are represented by counsel for Towers Perrin, then their depositions will be conducted on the first date that they are available following September 20, 2010, but in any event before October 1, 2010; and (4) No agreement is reached regarding the remaining four depositions Plaintiffs intend to

take, as counsel for Towers Perrin does not represent the remaining potential witnesses at this time. It is understood that Plaintiffs will subpoena their depositions for a date prior to September 20,

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DATED: August 27, 2010

Respectfully submitted, LEWIS, FEINBERG, LEE, RENAKER & JACKSON, P.C. By: /s/Teresa S. Renaker TERESA S. RENAKER

DATED: August 27, 2010

Attorneys for Plaintiffs THOMAS A. PAULSEN, ROBERT M. BOWDEN, EDWARD L. FRAZEE, CHESTER MADISON, ROBERT NEWELL, and LLOYD MICHAEL O'CONNELL III RUKIN HYLAND DORIA & TINDALL LLP STEVEN M. TINDALL

By: /s/Steven M. Tindall Attorneys for Plaintiffs THOMAS A. PAULSEN, ROBERT M. BOWDEN, EDWARD L. FRAZEE, CHESTER MADISON, ROBERT NEWELL, and LLOYD MICHAEL O'CONNELL III DATED: August 27, 2010 JEFFER, MANGELS, BUTLER & MARMARO LLP ROBERT R. MANGELS SUSAN ALLISON /s/Robert Mangels ROBERT MANGELS Attorneys for Attorneys for Defendants TOWERS PERRIN FORSTER & CROSBY, INC. By:

ORDER Pursuant to Stipulation of the Parties, IT IS SO ORDERED. Dated: __8/30/10________ _________________________________ MagistrateXJudge United States District Court Northern District of California

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