Brezoczky v. Domtar Corp

Filing 50

ORDER GRANTING 49 STIPULATION TO EXTEND DEADLINES. Signed by Judge Edward J. Davila on 7/31/2017. (ejdlc2S, COURT STAFF) (Filed on 7/31/2017)

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LEONARDMEYER LLP
Derek J. Meyer (State Bar No.)
5900 Wilshire Boulevard, Suite 500
Los Angeles, CA 90036
Tel: [phone]
[e-mail]

POLSINELLI LLP
Noel S. Cohen (State Bar No. 219645)
2049 Century Park East, Suite 2900
Los Angeles, CA 90067
Tel: [phone]
[e-mail]

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LEONARDMEYER LLP
John P. Killacky (admitted pro hac vice)
120 N. LaSalle Street, Suite 2000
Chicago, IL 60602
Tel: [phone]
[e-mail]

POLSINELLI PC
Stacy A. Carpenter (admitted pro hac vice)
1401 Lawrence Street, Suite 2300
Denver, CO 80202
Tel: [phone]
[e-mail]

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Attorneys for Plaintiff Kelly Brezoczky

POLSINELLI PC
Britton L. St. Onge (admitted pro hac vice)
100 S. Fourth Street, Suite 1000
St. Louis, MO 63102
Tel: [phone]
[e-mail]

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Attorneys for Defendants Domtar
Corporation and Polsinelli PC

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA – SAN JOSE DIVISION
KELLY BREZOCZKY, an individual,
Plaintiff,
v.
DOMTAR CORPORATION, a Delaware
corporation; and POLSINELLI PC, a Missouri
professional corporation,

Case No. 5:16-CV-4995-EJD
STIPULATION & [PROPOSED] ORDER TO
EXTEND EXPERT DEADLINES IN
PRETRIAL ORDER (JURY)
Judge: Hon. Edward J. Davila
Courtroom 4, Fifth Floor

Defendants.

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PLAINTIFF

KELLY

BREZOCZKY

(“Plaintiff”)

and

DEFENDANTS

DOMTAR

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CORPORATION (“Domtar”) and POLSINELLI PC (“Polsinelli”) (Domtar and Polsinelli are

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collectively referred to herein as “Defendants”), pursuant to Local Rules 6-2 and 7-12, jointly submit

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-1STIPULATION & [PROPOSED] ORDER TO EXTEND EXPERT DEADLINES IN PRETRIAL ORDER (JURY)

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this stipulation asking the Court to extend the deadlines for expert disclosures. The proposed dates

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below would not impact any other deadlines as described below
RECITALS

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WHEREAS, the Court entered its Pretial Order (Jury) on May 31, 2017 (ECF No. 48), setting
the following deadlines on expert disclosures:

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July 31, 2017: disclose opening expert reports

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August 24, 2017: disclose rebuttal expert reports

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WHEREAS, the deadline for dispositive motions is October 13, 2017 and the case is set for trial

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commencing January 25, 2018;

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WHEREAS, the parties have been diligent in conducting discovery, have exchanged written

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discovery, and have conducted multiples depositions and scheduled a deposition of a witness

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associated with one of the defendants on Augusts 1, 2017 after considerable difficulty finding a date

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that could work for all counsel appearing at the deposition and the deponent;

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WHEREAS, in light of the parties’ reasonable desire to complete this deposition before

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exchanging expert reports and conducting expert discovery, the parties agree that they will be unable to

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meet the expert deadlines noted above;

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WHEREAS, the parties believe that extending these deadlines as set forth below will allow
them sufficient time to meet the deadlines proposed below;

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WHEREAS, there is good cause for an extension of the aforementioned deadlines;

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WHEREAS, extending the deadlines would prejudice no party;

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WHEREAS, extending the deadlines would not affect any other dates in the Pretrial Jury Order

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in the event the Court accepts the proposed dates below.
STIPULATION
IT IS HEREBY STIPULATED by the parties that the deadlines for expert disclosures, fact and
expert discovery cutoff, and to file dispositive motions should be extended as follows:

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August 9, 2017: disclose opening expert reports

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September 8, 2017: disclose rebuttal expert reports

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-2STIPULATION & [PROPOSED] ORDER TO EXTEND EXPERT DEADLINES IN PRETRIAL ORDER (JURY)

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Dated: July 28, 2017

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By: /s/ Derek J. Meyer
Derek J. Meyer
Attorneys for Plaintiff

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LEONARDMEYER LLP

Dated: July 28, 2017

POLSINELLI LLP

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By: /s/ Noel S. Cohen
Noel S. Cohen
Attorneys for Defendants

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: July 31, 2017

___________________________________________
Hon. Edward J. Davila
United States District Judge

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-3STIPULATION & [PROPOSED] ORDER TO EXTEND EXPERT DEADLINES IN PRETRIAL ORDER (JURY)

DECLARATION OF DEREK J. MEYER

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I, Derek J. Meyer, declare and state as follows:

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1.

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I am an attorney licensed to practice before all courts of in the States of California and

Illinois. This includes the Court. I am lead counsel for Plaintiff in this matter.
2.

I have personal knowledge of the facts set forth herein and, if called as a witness, I

could and would testify competently as to those facts.
3.

The parties have been diligent in conducting discovery, have exchanged written

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discovery, and have conducted multiples depositions and scheduled a deposition of a witness

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associated with one of the defendants on Augusts 1, 2017 after considerable difficulty finding a date

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that could work for all counsel appearing at the deposition and the deponent.
4.

In light of the parties’ reasonable desire to complete this deposition before exchanging

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expert reports and conducting expert discovery, the parties agree that they will be unable to meet the

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expert deadlines noted above.

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5.

The parties believe that extending these deadlines as set forth below will allow them

sufficient time to meet the expert deadlines proposed in the parties’ stipulation above.
6.

Extending the deadlines would not affect any other dates in the Pretrial Jury Order in

the event the Court accepts the expert deadlines proposed in the parties’ stipulation above.
I declare under penalty of perjury under the law of the United States of America that the
foregoing is true and correct.
Executed on July 28, 2017 in Los Angeles, California.

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/s/ Derek J. Meyer
Derek J. Meyer

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-4STIPULATION & [PROPOSED] ORDER TO EXTEND EXPERT DEADLINES IN PRETRIAL ORDER (JURY)