Barrous et al v. BP P.L.C. et al

Filing 56

STIPULATION AND ORDER re 55 Continuing ADR Deadline. Signed by Judge Koh on 4/5/2011. (lhklc1, COURT STAFF) (Filed on 4/5/2011)

Barrous et al v. BP P.L.C. et al

Doc. 56

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GLYNN & FINLEY, LLP ADAM FRIEDENBERG, Bar No. 205778 JONATHAN A. ELDREDGE, Bar No. 238559 One Walnut Creek Center 100 Pringle Avenue, Suite 500 Walnut Creek, CA 94596 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants BP p.l.c., BP Exploration & Oil Inc. (a dissolved corporation erroneously sued herein as "BP Exploration and Oil, Inc."), BP Products North America Inc. (erroneously sued herein as "BP Products North America, Inc."), BP Corporation North America Inc. (erroneously sued herein as "BP Corporation North American, Inc.") and ConocoPhillips Company UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) Plaintiffs, ) ) vs. ) ) BP P.L.C., BP EXPLORATION AND OIL, ) INC., BP PRODUCTS NORTH AMERICA, ) INC., BP CORPORATION NORTH ) AMERICA, INC., CONOCOPHILLIPS ) COMPANY and DOES 1-20, inclusive, ) ) Defendants. ) ____________________________________ ) MARIA BARROUS, an individual and as Trustee of the Barrous Living Trust, DEMETROIS BARROUS, an individual, dba Jimmy's Restaurant, Case No. C 10-02944 LHK STIPULATION AND [PROPOSED] ORDER RE CONTINUING ADR COMPLETION DATE

WHEREAS, pursuant to the "Stipulation and Order Selecting ADR Process" (Docket No. 21), the Court set a February 4, 2011 deadline for ADR completion; WHEREAS, pursuant to the Court's order, the mediation deadline was continued to April 30, 2011 (Docket No. 39); WHEREAS, all parties have served Rule 26 initial disclosures; -1STIPULATION AND [PROPOSED] ORDER RE ADR COMPLETION DATE
Dockets.Justia.com

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WHEREAS, Plaintiffs have served special interrogatories and requests for production of documents on Defendants, to which Defendants have responded and Defendant BP has provided documents; WHEREAS, Defendants have served special interrogatories and requests for production of documents on Plaintiffs, to which Plaintiffs have responded and provided documents; WHEREAS, Plaintiffs are waiting for the production of documents from Defendant ConocoPhillips Company ("ConocoPhillips"); WHEREAS, on March 7, 2011, ConocoPhillips filed a motion to compel Plaintiffs to produce documents (Docket No. 43); WHEREAS, the hearing on ConocoPhillips' motion to compel is set for April 12, 2011 in front of Magistrate Judge Paul S. Grewal; WHEREAS, Plaintiffs are meeting and conferring with ConocoPhillips over its written discovery responses and may file a motion to compel seeking further responses if there are no fully responsive supplemental responses received; WHEREAS, Plaintiffs have served follow-up written discovery on Defendants; WHEREAS, Defendants have subpoenaed documents from various third-parties, all of which have responded; WHEREAS, Defendants intend to notice Plaintiffs' depositions to take place promptly after Judge Grewal rules on the motion to compel; WHEREAS, Plaintiff Demetrious Barrous will be deposed by Defendants on May 6,

WHEREAS, Plaintiffs intend to notice depositions of Defendants employees or agents for May 2011 once they receive responses to their written discovery identifying the appropriate individuals to depose; WHEREAS, the parties do not anticipate the need for any further extension of the ADR deadline; /// /// -2JOINT STIPULATION AND [PROPOSED] ORDER RE ADR COMPLETION DATE

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WHEREAS, the parties will not seek to alter the date of the May 18, 2011 status conference and therefore will provide further guidance to the Court as to the status of this case at that conference; THEREFORE, the parties stipulate and request that the Court order that the Court continue the ADR completion date from April 30, 2011 to June 15, 2011. IT IS SO STIPULATED.

Dated: April 1, 2011

GLYNN & FINLEY, LLP /s/ Adam Friedenberg Attorneys for Defendants

Dated: April 1, 2011

Law Offices of Steven A. Ellenberg /s/ Steven A. Ellenberg Attorneys for Plaintiffs

IT IS SO ORDERED. Further extensions will be disfavored. 5 Dated: April __, 2011 Lucy H. Koh United States District Judge

-3JOINT STIPULATION AND [PROPOSED] ORDER RE ADR COMPLETION DATE