Nikoonahad v. Rudolph Technologies, Inc.

Filing 104

STIPULATION AND ORDER Shortening Time for Hearing on Defendants' Motion to Extend the Duration of Plaintiff's Deposition. Signed by Judge Patricia V. Trumbull on 6/7/10. (pvtlc1) (Filed on 6/8/2010)

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KEITH E. EGGLETON, State Bar No. 159842 RODNEY G. STRICKLAND, JR., State Bar No. 161934 ANTHONY J WEIBELL, State Bar No. 238850 WILSON SONSINI GOODRICH & ROSATI, P.C. 650 Page Mill Road Palo Alto, C A 94304-1050 Telephone: [phone] Facsimile: [phone] Email: [e-mail]; [e-mail]; [e-mail] Attorneys for Defendant RUDOLPH TECHNOLOGIES, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION MEHRDAD NIKOONAHAD, ) ) ) ) ) ) ) ) ) ) ) CASE NO.: C 08-2290 JF (PVT) STIPULATED REQUEST AND ORDER SHORTENING TIME FOR HEARING ON DEFENDANT'S MOTION TO EXTEND THE DURATION OF PLAINTIFF'S DEPOSITION

13 Plaintiff, 14 v. 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATED REQUEST AND ORDER SHORTENING TIME FOR HEARING ON DEFT'S MOT. TO EXTEND DURATION OF PLTF. DEPO CASE NO. C 08-2290 JF (PVT)

RUDOLPH TECHNOLOGIES, INC. and DOES 1-25, inclusive, Defendants.

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Pursuant to Civil Local Rule 6-2 and the Standing Order for Discovery Practice in All Cases Referred to Magistrate Judge Patricia V. Trumbull for Discovery, the parties submit the following stipulated request to shorten the time for hearing defendant Rudolph Technologies, Inc.'s ("Rudolph") Motion to Extend the Duration of Plaintiff's Deposition. As Rudolph's separate motion explains, Rudolph requests the Court to permit a 14-hour (two days) deposition rather than the 7-hour (one day) deposition permitted by the rules without agreement of the parties or court order. This stipulated request for a shortened briefing schedule is supported by the accompanying Declaration of Rodney G. Strickland, Jr. filed herewith: STIPULATED REQUEST WHEREAS, on or about April 30, plaintiff's deposition was noticed for June 1-2, 2010; WHERAS, on May 28, 2010, plaintiff's deposition was postponed due to a dispute between the parties regarding the appropriate duration of the deposition; WHEREAS, pursuant Fed. R. Civ. P. 30(d), Rudolph has filed concurrently herewith a Motion to Extend the Duration of Plaintiff's Deposition ("the Motion"); WHEREAS, plaintiff intends to oppose the Motion; WHEREAS, fact discovery in this matter closes on August 2, 2010; WHEREAS, in light of the fact discovery cut-off, the parties' need for additional discovery following plaintiff's deposition, the parties' desire to resolve the issue presented by the Motion promptly, and the parties' other scheduling concerns, the parties agree that the Motion should be resolved on a shortened schedule and at the Court's earliest convenience; WHEREAS, Rudolph's counsel has been informed by the Court's clerk that the Court is available on June 15, 2010, to hear this motion in the event that this request is granted; and WHEREAS, the parties have rescheduled plaintiff's deposition for June 23-24, 2010, and therefore a hearing on June 15, 2010, would allow the Motion to be resolved prior to the new date for plaintiff's deposition. NOW THEREFORE, the parties hereto, through their undersigned counsel, stipulate and agree, and hereby request a shortened hearing schedule on the Motion as follows:
STIPULATED REQUEST AND ORDER SHORTENING TIME FOR HEARING ON DEFT'S MOT. TO EXTEND DURATION OF PLTF. DEPO CASE NO. C 08-2290 JF (PVT)

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1. will permit. 2. 3. 4.

The Motion shall be heard on June 15, 2010, or as soon thereafter as the Court

Rudolph shall file the Motion b y J une 3, 2010. Plaintiff shall file any opposition to the Motion by June 10, 2010. Rudolph shall not file any reply memorandum in support of the Motion.

IT IS SO STIPULATED. Dated: June 3, 2010 LAW OFFICES OF ARDELL JOHNSON By: /s/ Ardell Johnson Ardell Johnson

Attorneys for Plaintiff MEHRDAD NIKOONAHAD Dated: June 3, 2010 WILSON SONSINI GOODRICH & ROSATI Professional Corporation By: /s/ Rodney G. Strickland, Jr. Rodney G. Strickland, Jr.

Attorneys for Defendant RUDOLPH TECHNOLOGIES, INC. ORDER PURSUANT TO STIPULATION,

18 1. The Motion shall be heard at 10:00 a.m. on June 15, 2010. 19 2. Rudolph shall file the Motion b y J une 3, 2010. 20 3. Plaintiff shall file an y opposition t o t he Motion b y J une 10, 2010. 21 4. Rudolph shall not file any reply memorandum in support of the Motion. 22 IT IS SO ORDERED. 23 24 25 26 27 28
STIPULATED REQUEST AND ORDER SHORTENING TIME FOR HEARING ON DEFT'S MOT. TO EXTEND DURATION OF PLTF. DEPO CASE NO. C 08-2290 JF (PVT)

DATED: __6/7/10_____

____________________________________ THE HON. PATRICIA V. TRUMBULL UNITED STATES MAGISTRATE JUDGE

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