Clifton v. Pearson Education, Inc et al

Filing 73

Order Granting 72 Stipulation Extending Deadline for Defendant to File Motion to Compel. Signed by Hon. Edward J. Davila on 10/10/2012.(ecg, COURT STAFF) (Filed on 10/10/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA - SAN JOSE DIVISION

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CARR CLIFTON,

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Case No. CV 11-03640-EJD
Plaintiff,

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vs.

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PEARSON EDUCATION, INC., and JOHN
DOE PRINTERS 1-10,

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Defendants.

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XXXXXXX
STIPULATION AND [PROPOSED]
ORDER EXTENDING DEADLINE
FOR DEFENDANT TO FILE MOTION
TO COMPEL

Pursuant to Local Rule 6-2, Defendant Pearson Education, Inc. (“Pearson”) and Plaintiff
Carr Clifton (“Clifton”), by and through their undersigned counsel, hereby submit this stipulation
and proposed order extending the time set forth under Local Rule 37-3 for Pearson to file a
motion to compel. The parties stipulate as follows:
A.

Fact discovery in this matter closed on October 1, 2012. Docket No. 65. Pursuant

to Local Rule 37-3, all fact discovery motions to compel are due today.
B.

Prior to the close of fact discovery, issues arose with respect to various documents

that were identified at the depositions of Clifton and his assistant, Deanne Henninger.
C.

These issues were timely raised by Pearson’s counsel following the depositions.

Although Clifton’s counsel made multiple attempts to reach his client, Mr. Clifton is travelling
and unavailable to respond to his counsel’s inquiries.
D.

Clifton’s counsel has stated that Clifton will be supplementing his production, but

will not be able to do so until Mr. Clifton returns in a few days.
E.

Although the parties are continuing to resolve these issues without the Court’s

involvement, it is not known whether Clifton’s supplemental production will resolve all of
Pearson’s outstanding issues.
F.

Previously, the Parties submitted one stipulated request for a three-month

extension of the deadlines in this case in connection with the filing of Plaintiff’s First Amended
STIPULATION AND [PROPOSED] ORDER
EXTENDING DEADLINE FOR FILING OF FACT
DISCOVERY MOTIONS TO COMPEL

CV 11-03640-EJD

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Complaint. Docket No. 64. That extension was granted by the Court. Docket No. 65.

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G.

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this case.

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This stipulated request for an extension will not impact the remaining schedule for

WHEREFORE, the parties respectfully request a short extension of the deadline for

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Pearson to file a discovery motion limited to the issues identified above on or before October 23,

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2012.

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DATED: October 9, 2012
/s/ Robert S. Crockett
Robert W. Crockett (SBN 79918)
Harmon & Seidman LLC
33 Spindrift Passage
Corte Madera, CA 94925
Telephone: [phone]
[e-mail]

/s/ Andrew C. Whitney
Sharon R. Smith (SBN 221428)
Andrew M. Purdy (SBN 221428)
Morgan, Lewis & Bockius LLP
One Market, Spear Street Tower
San Francisco, CA 94105-1126
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

Christopher Seidman (SBN 98884)
Harmon & Seidman LLC
101 South Third Street, Suite 265
Grand Junction, CO 81501
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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David W. Marston Jr.(admitted pro hac vice)
Andrew C. Whitney (admitted pro hac vice)
Karl A. Schweitzer (admitted pro hac vice)
Morgan, Lewis & Bockius LLP
1701 Market Street
Philadelphia, PA 19103
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendant Pearson Education, Inc.

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Attorneys for Plaintiff Carr Clifton

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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10/10/2012
Dated:_________________

_______________________________
EDWARD J. DAVILA
United States District Judge

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STIPULATION AND [PROPOSED] ORDER
EXTENDING DEADLINE FOR FILING OF FACT
DISCOVERY MOTIONS TO COMPEL

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CV 11-03640-EJD

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PROOF OF SERVICE
I hereby certify that on October 9, 2012, a true and correct copy of the foregoing

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STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE FOR FILING OF

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FACT DISCOVERY MOTIONS TO COMPEL was served via electronic mail upon:

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Christopher Seidman (SBN 98884)
Harmon & Seidman LLC
101 South Third Street, Suite 265
Grand Junction, CO 81501
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Robert W. Crockett (SBN 79918)
Harmon & Seidman LLC
33 Spindrift Passage
Corte Madera, CA 94925
Telephone: [phone]
[e-mail]
Attorneys for Plaintiff Carr Clifton
DATED: October 9, 2012

/s/ Andrew C. Whitney
Andrew C. Whitney

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STIPULATION AND [PROPOSED] ORDER
EXTENDING DEADLINE FOR FILING OF FACT
DISCOVERY MOTIONS TO COMPEL

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CV 11-03640-EJD