Brezoczky v. Domtar Corp

Filing 55

ORDER GRANTING 54 STIPULATION TO EXTEND DEADLINES. Signed by Judge Edward J. Davila on 9/28/2017. (ejdlc2S, COURT STAFF) (Filed on 9/28/2017)

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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

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NORTHERN DISTRICT OF CALIFORNIA – SAN JOSE DIVISION
KELLY BREZOCZKY, an individual,

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Plaintiff,

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Case No. 5:16-CV-4995-EJD
STIPULATION & [PROPOSED] ORDER TO
EXTEND DISCOVERY CUT-OFF IN
PRETRIAL ORDER (JURY)

v.
DOMTAR CORPORATION, a Delaware
corporation; and POLSINELLI PC, a Missouri
professional corporation,

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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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this stipulation asking the Court to briefly extend the cut-off for fact and expert discovery. The

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proposed date below would not impact any other deadlines as described below.
-1STIPULATION TO EXTEND DISCOVERY CUT OFF & [PROPOSED] ORDER
60449809.1

RECITALS

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WHEREAS, the Court entered its Amended Pretrial Order on August 10, 2017 (ECF No. 52),
setting a September 22, 2017 cut-off for fact and expert discovery.
WHEREAS, the deadline for dispositive motions is October 13, 2017 and the case is set for trial
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, have conducted multiple depositions and have had to calendar a number of depositions for

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the weeks of September 25 and October 2 to accommodate the schedules of witnesses and counsel;

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WHEREAS, the parties agree that they were unable to meet the September 22 discovery
deadline noted above;
WHEREAS, the parties believe that extending the discovery cut-off briefly will allow them
sufficient time to meet the deadline proposed below;

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WHEREAS, there is good cause for an extension of the discovery cut-off;

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WHEREAS, extending this deadline would prejudice no party;

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WHEREAS, extending the fact and expert discovery deadline would not affect any other dates

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in the Amended Pretrial Order in the event the Court accepts the proposed dates below.
STIPULATION

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IT IS HEREBY STIPULATED by the parties that the deadlines for fact and expert discovery

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should be extended to October 6, 2017.

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Dated: September 27, 2017

LEONARDMEYER LLP

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By: /s/ John P. Killacky
John P. Killacky
Attorneys for Plaintiff

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Dated: September 27, 2017

POLSINELLI LLP

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

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-2STIPULATION TO EXTEND DISCOVERY CUT OFF & [PROPOSED] ORDER
60449809.1

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated:
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September 28, 2017

___________________________________________
Hon. Edward J. Davila
United States District Judge

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-3STIPULATION TO EXTEND DISCOVERY CUT OFF & [PROPOSED] ORDER
60449809.1

DECLARATION OF NOEL S. COHEN

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I, Noel S. Cohen, declare and state as follows:

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1.

I am an attorney duly licensed to practice law before all courts in the State of

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California, including the United States District Court for the Central District of California. I am one

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of the attorneys of record for Defendants in the above-captioned matter.

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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 Court entered its Amended Pretrial Order on August 10, 2017 (ECF No. 52),

setting a September 22, 2017 cut-off for fact and expert discovery.

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4.

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

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January 25, 2018.

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5.

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

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discovery, have conducted a significant number of depositions and have had to calendar a number of

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depositions across the country for the weeks of September 25 and October 2 to accommodate the

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schedules of party witnesses, third party witnesses and counsel.

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6.

The parties believe and agree that extending the September 22 discovery cut-off briefly

will allow them sufficient time to meet the proposed new October 6 deadline.
7.

Extending this deadline would prejudice no party and would not affect any other dates

in the Amended Pretrial Order.
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.
Executed on September 27, 2017 at Los Angeles, California.

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/s/ Noel S. Cohen

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Noel S. Cohen

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-4STIPULATION TO EXTEND DISCOVERY CUT OFF & [PROPOSED] ORDER
60449809.1