Brezoczky v. Domtar Corp

Filing 57

ORDER GRANTING 56 STIPULATION TO EXTEND DEADLINE. Signed by Judge Edward J. Davila on 10/6/2017. (ejdlc2S, COURT STAFF) (Filed on 10/6/2017)

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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,

Case No. 5:16-CV-4995-EJD

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

STIPULATION & [PROPOSED] ORDER TO
EXTEND DISPOSITIVE MOTION
DEADLINE IN AMENDED 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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this stipulation asking the Court to briefly extend the dispositive motion deadline to October 17, 2017.

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The proposed date below would not impact any other deadlines as described below.
-1STIPULATION TO EXTEND DEADLINE FOR DISPOSITIVE MOTIONS & [PROPOSED] ORDER

RECITALS

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WHEREAS, the Court entered its Amended Pretrial Order on August 10, 2017 (ECF No. 52),
setting an October 13, 2017 deadline to file dispositive motions;
WHEREAS, a hearing on dispositive motions is scheduled for December 7, 2017, and the case
is set for trial commencing January 23, 2018;

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WHEREAS, the dispositive motion deadline in this case has not before been extended;

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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 had to calendar a number of depositions for the

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

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WHEREAS, due to a failure of a court reporting agency, the result of which no court reporter

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appeared, a previously scheduled deposition in Las Vegas, Nevada is now re-scheduled for October 13,

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2017 in the same location. This is the current dispositive motion deadline and the only near-term time

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in which the third-party witness is available to be deposed;

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WHEREAS, Defendants have expressed a desire to hear the testimony of the third-party
witness before filing any dispositive motions;

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WHEREAS, Defendants believe that extending the deadline for dispositive motions by just two

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business days (including the weekend) will allow them sufficient time to meet the deadline proposed

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below, and Plaintiff has no objection as a courtesy and in recognition that the parties wish to avoid

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filing dispositive motions on the same day as taking a deposition in Las Vegas (where no counsel of

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record maintain an office and will be traveling);

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WHEREAS, there is good cause for an extension of the deadline for dispositive motions;

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WHEREAS, extending this deadline would prejudice no party;

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WHEREAS, extending the deadline to file dispositive motions would not affect any other dates

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

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IT IS HEREBY STIPULATED by the parties that the deadline to file dispositive motions
should be extended to October 17, 2017.

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-2STIPULATION TO EXTEND DEADLINE FOR DISPOSITIVE MOTIONS & [PROPOSED] ORDER

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Dated: October 5, 2017

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LEONARDMEYER LLP
By: /s/ Derek J. Meyer (with consent)
Derek J. Meyer
Attorneys for Plaintiff

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Dated: October 5, 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.
Dated: October 6, 2017

___________________________________________
Hon. Edward J. Davila
United States District Judge

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-3STIPULATION TO EXTEND DEADLINE FOR DISPOSITIVE MOTIONS & [PROPOSED] ORDER

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.
2.

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

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

setting an October 13, 2017 deadline to file dispositive motions.
4.

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

A hearing on dispositive motions is scheduled for December 7, 2017, and the case is set

for trial commencing January 23, 2018.

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5.

The dispositive motion deadline in this case has not before been extended;

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6.

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

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discovery, have conducted a significant number of depositions, and 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.
7.

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Due to a failure of a court reporting agency, the result of which no court reporter

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appeared, a previously scheduled deposition in Las Vegas, Nevada is now re-scheduled for October

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13, 2017 in the same location. This is the current dispositive motion deadline and the only near-term

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time in which the third-party witness is available to be deposed.
8.

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Defendants wish to hear the testimony of the third-party witness before filing any

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dispositive motions and believe that extending the deadline for dispositive motions by just two

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business days (including the weekend) will allow them sufficient time to meet the deadline proposed

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below.

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9.

Plaintiff has no objection as a courtesy and in recognition that the parties wish to avoid

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filing dispositive motions on the same day as taking a deposition in Las Vegas (where no counsel of

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record maintain an office and will be traveling)

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10.

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

-4STIPULATION TO EXTEND DEADLINE FOR DISPOSITIVE MOTIONS & [PROPOSED] ORDER

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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 October 5, 2017 at Raleigh, North Carolina.

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/s/ Noel S. Cohen

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Noel S. Cohen

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-5STIPULATION TO EXTEND DEADLINE FOR DISPOSITIVE MOTIONS & [PROPOSED] ORDER

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CERTIFICATE OF SERVICE

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I am over the age of 18 and not a party to the within action; I am employed by POLSINELLI
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LLP in the County of Los Angeles at 2049 Century Park East, Suite 2900, Los Angeles, California
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90067.
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On October 5, 2016, I served the foregoing document(s) described as: STIPULATION &
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[PROPOSED] ORDER TO EXTEND DISPOSITIVE MOTION DEADLINE IN AMENDED

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PRETRIAL ORDER (JURY) on the interested parties in this action by:
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[X]
By CM/ECF: I hereby certify that on this date, I electronically filed the foregoing with the
Clerk of the Court using the CM/ECF system which will send notification of such filing to the email
addresses denoted on the Electronic Mail notice list, and I hereby certify that I have mailed the
foregoing document or paper via the United States Postal Service to the non-CM/ECF participants (if
any) indicated on the Manual Notice list.

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[X]

(Federal) I declare under penalty of perjury under the laws of the State of California and under

the laws of the United States of America that the above is true and correct.
Executed on October 5, 2016, at Los Angeles, California.

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/s/ Noel S. Cohen
Noel S. Cohen

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-6STIPULATION TO EXTEND DEADLINE FOR DISPOSITIVE MOTIONS & [PROPOSED] ORDER
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