United States of America et al v. The County of Santa Clara et al

Filing 250

STIPULATION AND ORDER Extending Deadline for Defendants to Complete Expert Discovery. Relator's motion for protective order 246 is terminated.(hrllc2, COURT STAFF) (Filed on 10/8/2008)

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A N N M IL L E R R A V E L C o u n ty C o u n s e l C o u n ty o f S a n ta C la r a S a n Jo s e , C a l i fo r n i a

ANN MILLER RAVEL, County Counsel (S.B. #62139) MELISSA R. KINIYALOCTS, Deputy County Counsel (S.B. #215814) STEPHEN H. SCHMID, Deputy County Counsel (S.B. #078055) OFFICE OF THE COUNTY COUNSEL 70 West Hedding, East Wing, 9th Floor San Jose, California 95110-1770 *E-FILED 10/8/2008* Telephone: [phone] Facsimile: [phone] Attorneys for Defendants COUNTY OF SANTA CLARA, KENNETH BORELLI, LAWRENCE GALLEGOS, EPIFANIO REYNA, and TANYA BEYERS

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA (SAN JOSE DIVISION)

UNITED STATES OF AMERICA, ex. rel. DONNA M McLEAN et al.,

) ) ) Plaintiffs, ) ) v. ) ) THE COUNTY OF SANTA CLARA, a ) municipality et al., ) ) Defendants. ) __________________________________)

No.

C05-01962 HRL

STIPULATION AND AMENDED PROPOSED ORDER TO EXTEND THE XXXXXXX DEADLINE FOR DEFENDANTS TO COMPLETE EXPERT DISCOVERY

The parties submit the following Stipulation and Proposed Order for the purpose of requesting that the Court extend the October 8, 2008 deadline for Defendants to complete discovery as to any experts identified by Relator Donna McLean. On July 17, 2008, the Court, in an order denying in part and granting in part Defendants' motion to compel expert discovery, set a deadline of October 8, 2008, for Defendants to complete discovery as to any experts identified by Relator. On August 8, 2008, Relator served a supplemental expert disclosure as ordered by the Court in its July 17, 2008 order. On September 10, 2008, Defendants served by mail a subpoena and deposition notice for Robert Geffner, Ph.D. for a deposition on September 23, 2008 in San Diego, California, and on
S t ip u la tio n and Amended Proposed Order t o Extend the Deadline for Defendants to Complete Expert Discovery

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A N N M IL L E R R A V E L C o u n ty C o u n s e l C o u n ty o f S a n ta C la r a S a n Jo s e , C a l i fo r n i a

September 11, 2008, Defendants served by mail an amended notice for deposition on September 23, 2008, at Dr. Geffner's office in San Diego. On September 22, 2008, Relator's counsel's associate informed Defendants' counsel that he was unavailable for the September 23, 2008 deposition as previously stated by Relator's counsel's assistant on August 27, 2008. On September 22, 2008, Dr. Geffner informed counsel for Defendants that he had limited availability in October. On September 22, 2008, Relator filed a motion for protective order regarding Dr. Geffner's deposition due to the unavailability of Relator's counsel. Defendants represent that they have been unable to serve the following individuals with a subpoena for deposition: Nedra Jones, Delina Ferretti, and Renee Miller. The parties agree that additional time is needed to complete the depositions of Relator's experts who are unavailable before October 8, 2008. Accordingly, the parties stipulate to extend the deadline for Defendants to complete discovery as to Dr. Robert Geffner, Dr. Robert Chastain, Nedra Jones, and Delina Ferretti to November 18, 2008; with respect to Karl Hoffower, because he has indicated that he is not available until the time period November 23-November 29 2008, it is stipulated that the deadline is extended to November 30, 2008. With respect to Noemi Baiza, who was subpoenaed for a deposition for October 2, 2008, it is stipulated that her deposition may be taken on a date after October 8, 2008 because she has requested a continuance due to illness. The parties will re-schedule Ms. Baiza's deposition based upon mutual convenience. The parties further agree that the motion for protective order regarding the deposition of Robert Geffner is moot and may be withdrawn upon the Court's issuance of an order consistent with this stipulation. // // // //
S t ip u la tio n and Amended Proposed Order t o Extend the Deadline for Defendants to Complete Expert Discovery

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I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this efiled document. ANN MILLER RAVEL County Counsel Dated: October 1, 2008 By: /S/ MELISSA R. KINIYALOCTS Deputy County Counsel Attorneys for Defendants COUNTY OF SANTA CLARA, KENNETH BORELLI, LAWRENCE GALLEGOS, EPIFANIO REYNA, and TANYA BEYERS

Dated: October 1, 2008

By:

/S/ WILLIAM C. DRESSER Attorney for Relator DONNA McLEAN

[PROPOSED] ORDER EXTENDING DEADLINE FOR XXXXXXXX DEFENDANTS TO COMPLETE EXPERT DISCOVERY

PURSUANT TO STIPULATION, 17 IT IS SO ORDERED. As for Noemi Baiza, her deposition shall be completed by ^ 18 November 28, 2008.

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A N N M IL L E R R A V E L C o u n ty C o u n s e l C o u n ty o f S a n ta C la r a S a n Jo s e , C a l i fo r n i a

October 8, 2008 Dated: _______________

_______________________________________ MAGISTRATE JUDGE HOWARD R. LLOYD

147336.wpd

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