Werdebaugh-v-Blue Diamond Growers

Filing 31

Order by Hon. Lucy H. Koh granting 30 Stipulation and Extending Time to FEBRUARY 22, 2013.(lhklc1, COURT STAFF) (Filed on 2/8/2013)

Case5:12-cv-02724-LHK Document30 Filed02/07/13 Page1 of 4

1 HANSON BRIDGETT LLP
LAWRENCE M. CIRELLI, SBN 114710
2 [e-mail]
SUSAN G. O'NEILL, SBN 115133
3 [e-mail]
MEGAN OLIVER THOMPSON, SBN 256654
4 [e-mail]
GEOFFREY R. PITTMAN, SBN 253876
5 [e-mail]
425 Market Street, 26th Floor
6 San Francisco, California 94105
Telephone:
[phone]
7 Facsimile:
[phone]
8 Attorneys for Defendant Blue Diamond Growers
9 PRATT & ASSOCIATES
Ben F. Pierce Gore (SBN 128515)
10 1871 The Alameda, Suite 425,
San Jose, CA 95126
11 Telephone:
[phone]
Facsimile:
[phone]
12 [e-mail]
13 LOVELACE LAW FIRM, P.A.
Dewitt M. Lovelace (admitted pro hac vice)
14 12870 U.S. Hwy 98 West, Suite 200
Miramar Beach, FL 32550
15 Telephone: [phone]
Facsimile: [phone]
16 [e-mail]
17 Attorneys for Plaintiff Chris Werdebaugh
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

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21 CHRIS WERDEBAUGH, individually and on
behalf of all others similarly situated,
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Plaintiff,
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v.
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BLUE DIAMOND GROWERS,
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Defendant.
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CASE NO. CV12-02724-LHK
CLASS ACTION
STIPULATION AND ORDER
EXTENDING THE TIME FOR
DEFENDANT TO PRODUCE CERTAIN
DOCUMENTS
Judge: Hon. Lucy H. Koh
Action Filed: May 29, 2012

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4964491.1

CV12-02724-LHK
-1STIPULATION AND ORDER EXTENDING THE TIME FOR DEFENDANT TO PRODUCE CERTAIN
DOCUMENTS

Case5:12-cv-02724-LHK Document30 Filed02/07/13 Page2 of 4

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Pursuant to Local Rule 6-2, Plaintiff and Defendant, through their respective counsel of

2 record, hereby stipulate and agree as follows:
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WHEREAS, Plaintiff served his Request for Production of Documents to Defendant on

4 October 25, 2012.
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WHEREAS, Plaintiff agreed to extend the deadline for Defendant to respond to this

6 Request on three occasions, first to December 29, then to January 18, and finally to January 25.
7

WHEREAS, on January 25, 2013, Defendant served its written response to the Request of

8 Production of Documents.
9

WHEREAS, on January 30, 2013, the parties appeared before the Court for a further case

10 management conference. During that conference, the Court initiated an inquiry into the timing of
11 Defendant's responses to Plaintiff's discovery and then ordered Defendant to produce all
12 documents by February 8, 2013.
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WHEREAS, Defendant has been working diligently with its counsel to collect all

14 responsive, non-objectionable documents and will meet the Court's February 8, 2013 deadline to
15 produce all responsive, non-objectionable documents that it can readily access in its files and on
16 its computer network. Unfortunately, despite its due diligence, Defendant is unable to meet the
17 February 8 deadline to produce responsive documents that have been electronically archived. The
18 process for accessing, searching, and reviewing the electronically archived information going back
19 a number of years is extremely time consuming and, despite due diligence, cannot be completed
20 by February 8. Defendant expects that the process can be completed and any responsive
21 documents produced to Plaintiff by March 8, 2013.
22

WHEREAS, given that the deadline for Plaintiff to file his motion for class certification is

23 May 23, 2013 and the fact discovery cutoff is November 1, 2013, the requested extension for
24 Defendant's document production to March 8, 2013 will not affect the schedule for this case.
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THEREFORE, the parties stipulate and agree, and respectfully request the Court to extend

26 the deadline for Defendant to produce any additional documents to March 8, 2013.
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4964491.1

CV12-02724-LHK
-2STIPULATION AND ORDER EXTENDING THE TIME FOR DEFENDANT TO PRODUCE CERTAIN
DOCUMENTS

Case5:12-cv-02724-LHK Document30 Filed02/07/13 Page3 of 4

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IT IS SO STIPULATED.

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DATED: February 7, 2013

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/S/ Dewitt M. Lovelace
Dewitt M. Lovelace
LOVELACE & ASSOCIATES PA

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Attorneys for Plaintiff Chris Werdebaugh

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DATED: February 7, 2013

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/S/ Megan Oliver Thompson
Megan Oliver Thompson
HANSON BRIDGETT LLP
Attorneys for Defendant Blue Diamond Growers

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ORDER
The Court hereby ORDERS that Defendant's Court hereby ORDERS that Defendant's
PURSUANT TO THE STIPULATION, the deadline to produce additional documents
PURSUANT TO STIPULATION, IT further extensions
12 deadline extended toadditional documents shall be extended to February22, 2013. No further
shall be to produce February 22, 2013. No IS SO ORDERED.shall be granted. No further
February 22, 2013.
13 extensions shall be granted.
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DATED:
Date: February 8, 2013

Hon. Lucy H. Koh
Lucy H. Koh
United States District/Magistrate Judge
United States District Judge

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4964491.1

CV12-02724-LHK
-3STIPULATION AND ORDER EXTENDING THE TIME FOR DEFENDANT TO PRODUCE CERTAIN
DOCUMENTS