Su v. National Aeronautics and Space Administration et al

Filing 170

STIPULATION AND ORDER Granting Limited Extension of Discovery Deadlines Related to Defendants' Requests for Admission, Set One re 161 Stipulation. Accordingly, the parties hereby STIPULATE AND REQUEST that the March 28, 2011deadline for discov ery be extended for the limited purpose of the aforementioned productions, as follows: April 11, 2011 Production of any revised responses to Defendants RFAs to Plaintiff, Set One; April 18, 2011 Any motion to compel discovery for responses to Defendants' RFAs to Plaintiff, Set One. Signed by Judge James Ware on 4/15/2011. (ecg, COURT STAFF) (Filed on 4/15/2011)

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TONY WEST
Assistant Attorney General
PHYLLIS J. PYLES
Director, Torts Branch
SUSAN K. RUDY
Assistant Director, Federal Programs Branch
VESPER MEI (D.C. Bar #455778)
Senior Counsel, Federal Programs Branch
KAREN P. SEIFERT (N.Y. Bar)
Trial Attorney, Federal Programs Branch
J. STEVEN JARREAU (D.C. Bar #414135)
Trial Attorney, Torts Branch
United States Department of Justice
Civil Division
P.O. Box 883 – Room 7316
Washington, DC 20044
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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HAIPING SU,
Plaintiff,

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v.
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NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION, et al.
Defendants.

Case No. 5:09-cv-2838-JW
STIPULATION AND [PROPOSED]
ORDER FOR A LIMITED EXTENSION
OF DISCOVERY DEADLINE
RELATED TO DEFENDANTS’
REQUESTS FOR ADMISSION, SET
ONE

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On February 25, 2011, defendants served plaintiff’s counsel with Defendants’ Requests
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for Admission to Plaintiff, Set One (“RFAs”). Plaintiff’s counsel responded to those Requests

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on March 28, 2011, which was also the court-ordered date for the close of discovery. Pursuant to

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Civil Local Rule 37-3, defendants must file any motion to compel with respect to these RFAs by

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April 4, 2011.

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On March 31, 2011, defendants’ counsel emailed counsel for plaintiff, pointing out
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STIPULATION CONTINUING DEADLINE FOR DISCOVERY, CASE NO. 5:09-cv-2838-JW

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perceived deficiencies in a number of plaintiff’s responses to the RFAs, and seeking revised

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responses. On April 2, plaintiff’s counsel agreed to revise or supplement some of the responses

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to the RFAs, and agreed to do so by April 11, 2011, with a corresponding extension until April

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18, 2011, of the date for defendants to file any motion to compel based on these responses.

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To date, the discovery deadlines in this matter have been modified as follows: On

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January 25, 2011, the Court modified the expert discovery deadlines upon joint stipulation of the
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parties, setting February 7, 2011 as the deadline for disclosure of experts and March 7, 2011 as
the deadline for disclosure of rebuttal experts. Docket Entry #131. On March 23, 2011, the

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Court extended until April 28, 2011, the deadline for certain depositions and the submission of

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rebuttal expert testimony by defendants, if necessary, pending decisions on Defendants’ Motion

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to Compel and Motion to Strike Expert Report. Docket Entry #157. On March 24, 2011, the

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Court extended the discovery deadline for the limited purpose of allowing defendants extra time

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to respond to certain of plaintiff’s written discovery requests, and the filing of any resulting
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motions to compel. Docket Entry #158. Also on March 24, 2011, the Court extended the

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discovery deadline to allow the deposition of one additional fact witness on April 11, 2011.

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Docket Entry #159.

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The requested modification would have minimal impact on the case. Plaintiff seeks
additional time to revise his RFA responses, as necessary. Defendants seek additional time to
file any resulting motion to compel. The parties do not believe the additional period of discovery

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will impact other discovery matters in this case.
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Accordingly, the parties hereby STIPULATE AND REQUEST that the March 28, 2011

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deadline for discovery be extended for the limited purpose of the aforementioned productions, as

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follows:

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April 11, 2011

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Production of any revised responses to Defendants’ RFAs to
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STIPULATION CONTINUING DEADLINE FOR DISCOVERY, CASE NO. 5:09-cv-2838-JW

Plaintiff, Set One

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April 18, 2011

Any motion to compel discovery for responses to
Defendants’ RFAs to Plaintiff, Set One

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DATED: 4/4/2011

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/s/ Vesper Mei

/s/ Michael Reedy
JAMES MCMANIS (40958)
MICHAEL REEDY (161002)
TYLER ATKINSON (257997)
McMANIS FAULKNER
A Professional Corporation
50 West San Fernando Street, 10th Floor
San Jose, California 95113
Telephone: [phone]
Facsimile:
408-279-3244
Email:
[e-mail]
Attorneys for Plaintiff

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TONY WEST
Assistant Attorney General
PHYLLIS J. PYLES
Director, Torts Branch
SUSAN K. RUDY
Assistant Director, Federal Programs Branch
VESPER MEI (D.C. Bar #455778)
Senior Counsel, Federal Programs Branch
KAREN P. SEIFERT (N.Y. Bar)
Trial Attorney, Federal Programs Branch
J. STEVEN JARREAU (D.C. Bar #414135)
Trial Attorney, Torts Branch
United States Department of Justice
Civil Division
P.O. Box 883 – Room 7316
Washington, DC 20044
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants

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[PROPOSED] ORDER

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Pursuant to the stipulation of the parties and good cause appearing, IT IS SO ORDERED.

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April 15, 2011
Dated: _____________, 2011

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_______________________________________
JAMES WARE
UNITED STATES DISTRICT COURT CHIEF JUDGE

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STIPULATION CONTINUING DEADLINE FOR DISCOVERY, CASE NO. 5:09-cv-2838-JW