Geetesh v. Capital One,N.A. et al

Filing 37

STIPULATION AND ORDER 34 Re: Expert Discovery Cutoff. Signed by Judge Ronald M. Whyte on 11/15/12. (jgS, COURT STAFF) (Filed on 11/15/2012)

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1 2 3 4 5 6 7 8 Suzanne S. Storm (State Bar No. 229003) David J. Sire, Jr. (State Bar No. 255798) ATTLESEY | STORM, LLP 2552 Walnut Avenue, Suite 100 Tustin, CA 92780 Tel: (714) 508-4949 Fax: (714) 508-0015 sstorm@attleseystorm.com dsire@attleseystorm.com Attorneys for Defendant ING Bank FSB erroneously named as CAPITAL ONE, N.A., successor in interest to ING BANK FSB 9 10 UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA – SAN JOSE DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GEETESH GOYAL, ) ) Plaintiff, ) ) vs. ) ) CAPITAL ONE, N.A., successor in ) interest to ING BANK, FSB; ) INTEGRATED LENDER SERVICES, ) INC.; and DOES 1 through 100, inclusive ) ) Defendants. ) ) CASE NO.: CV 12-02759 RMW STIPULATION AND () ORDER RE: EXPERT DISCOVERY CUTOFF Plaintiff GEETESH GOYAL (“GOYAL”) and Defendant ING Bank FSB erroneously named as CAPITAL ONE, N.A., successor in interest to ING BANK FSB (“ING”) (collectively “Parties”) by and through their counsel of record have entered into the following Stipulation respectfully requesting an Order from this honorable court as follows: WHEREAS on or about June 12, 2012 Defendant INTEGRATED LENDER SERVICES, INC., filed a Declaration of Non-monetary Status that was not objected PAGE 1 STIPULATION AND () ORDER RE: EXPERT DISCOVERY CUTOFF 1 to making it a nominal party to these proceedings; 2 WHEREAS counsel for Plaintiff GOYAL and Defendant ING met and 3 conferred pursuant to Local Rule 16 and the Order Setting Initial Case Management 4 Conference to prepare a Joint Case Management Schedule and Joint Rule 26(f) report; 5 WHEREAS a Case Management Conference was held on September 7, 2012, 6 during which the Court set a schedule for this matter as reflected in the Order After 7 Hearing (see Exhibit “A” attached), and the Notice of Order After Case Management 8 Conference (see Exhibit “B” attached); 9 WHEREAS the Order After Hearing and Notice of Order After Case 10 Management Conference mistakenly identify the date for both the Disclosure of 11 Experts and Expert Discovery Cutoff as December 3, 2012; 12 WHEREAS both the Order After Case Management Conference and Notice of 13 Order After Case Management appear to have a clerical error making both the expert 14 witness designation and cut-off for expert witness discovery December 3, 2012; 15 WHEREAS the Parties intended to follow Local Rule 37-3 making the expert 16 witness discovery cutoff and regular discovery cutoff date both December 21, 2012, 17 thus permitting some discovery on any experts identified by the Parties on December 18 3, 2012. 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// PAGE 2 STIPULATION AND () ORDER RE: EXPERT DISCOVERY CUTOFF

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