Lopez v. Wal-Mart Stores, Inc

Filing 48

ORDER re 45 Stipulation to Extend Deadlines for Certain Depositions. Signed by Judge Lucy H. Koh on 3/6/12. (lhklc3, COURT STAFF) (Filed on 3/6/2012)

Case5:11-cv-01632-LHK Document45 Filed03/02/12 Page1 of 3

1
2
3
4
5
6
7
8
9
10
11
12

RICHARD J. VAZNAUGH (SBN: 173249)
LAW OFFICE OF RICHARD J. VAZNAUGH
1388 Sutter St., Ste 1000
San Francisco, CA 94109
Telephone: [phone]
Facsimile: 415-673-5606
[e-mail]
Attorney for Plaintiff
ROSALIND LOPEZ
MICHAEL D. BRUNO (SBN: 166805)
MICHAEL A. LAURENSON (SBN: 190023)
GORDON & REES LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant
WAL-MART STORES, INC.

13
14

UNITED STATES DISTRICT COURT

15

NORTHERN DISTRICT OF CALIFORNIA

16

SAN JOSE DIVISION

17

ROSALIND LOPEZ,

18
19
20
21

Plaintiff,
vs.
WAL-MART STORES, INC. and DOES 1-20,
inclusive.
Defendant.

22
23
24

)
)
)
)
)
)
)
)
)
)

CASE NO. CV11-01632 LHK
STIPULATION AND [PROPOSED]
ORDER TO EXTEND DISCOVERY
CUT-OFF FOR CERTAIN
DEPOSITIONS
As Amended by the Court

Whereas, the parties have arranged a private mediation with Mark Rudy on March 12,
2012; and,

25

Whereas, the current expert discovery cut-off is March 13, 2012; and,

26

Whereas, Defendant has already experienced difficulty in getting all of plaintiff’s treating

27

physicians, one of whom works for Kaiser which is notoriously difficult on scheduling, to agree

28

to appear for deposition by March 13; and,
-1STIP & ORDER EXTENDING CUT-OFF FOR CERTAIN DISCOVERY – CASE NO. CV11-01632 LHK

Case5:11-cv-01632-LHK Document45 Filed03/02/12 Page2 of 3

1

Whereas, Defendant was unable to produce its two Wal-Mart persons most

2

knowledgeable for deposition by the Court ordered deadline of February 25, 2012. Defendant’s

3

PMKs work at Wal-Mart’s headquarters in Bentonville, Arkansas, and the parties have been

4

meeting and conferring concerning the date, location and method of the deposition and

5

responsibility for costs of same and believe they will be able to resolve these issues.

6
7

Whereas, Defendant would like to avoid incurring additional time and fees on discovery
that could be unnecessary if the matter is settled at the mediation;

8
9

Therefore, it is hereby stipulated, by and between the parties, through their counsel of
record, that the expert discovery cut-off may be extended to March 27, and that Wal-Mart’s two

10

PMKs shall be produced by that same date (without plaintiff waiving any argument that they

11

should have been produced sooner pursuant to the court’s deadline).

12

Dated: March 1, 2012

GORDON & REES LLP

13
14

By: /s/Michael A. Laurenson
Michael D. Bruno
Michael A. Laurenson
Attorneys for Defendant
WAL-MART STORES, INC.

15
16
17
18

Dated: March 1, 2012

LAW OFFICE OF RICHARD J.
VAZNAUGH

19
20

By: /s/Richard J. Vaznaugh
Richard J. Vaznaugh
Attorney for Plaintiff
ROSALIND LOPEZ

21
22
23

///

24

///

25

///

26

///

27

///

28

///
-2STIP & ORDER EXTENDING CUT-OFF FOR CERTAIN DISCOVERY – CASE NO. CV11-01632 LHK

Case5:11-cv-01632-LHK Document45 Filed03/02/12 Page3 of 3

1

Good cause appearing therefore based on the above stipulation of the parties, the expert

2

discovery cut-off is extended to March 27 and Parties shall conclude meet and confer and conclude

3

proceed with the PMK depositions no later than March 27, 2012. Any objection by Plaintiff that

4

Defendant should have produced its two PMKs by the earlier deadline is hereby preserved.

5
6
7

IT IS SO ORDERED.

8
9
10

Dated: March 6, 2012

Lucy H. Koh, United States District Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WALM/1069481/11880028v.1

-3STIP & ORDER EXTENDING CUT-OFF FOR CERTAIN DISCOVERY – CASE NO. CV11-01632 LHK