Free Stipulation - District Court of Delaware - Delaware

Case 1:06-cv-00027-SLR

Document 31

Filed 11/30/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE PAULA PAGONAKIS, Plaintiff, v. EXPRESS LLC a/k/a LIMITED BRANDS, INC., Defendant. ) ) ) ) ) ) ) ) ) )

NO. 1:06-CV-00027 (SLR)

SECOND STIPULATION TO CONTINUE DISCOVERY, DISPOSITIVE MOTION AND MOTIONS IN LIMINE DEADLINES 1. Pursuant to Local Rule 16.5, Plaintiff Paula Pagonakis ("Plaintiff") and Defendant

Express LLC ("Defendant") (collectively referred to hereinafter as the "Parties") hereby agree and stipulate to a short extension of the discovery, dispositive motion and motions in limine deadlines and request approval from this Court. 2. This request is being made before the expiration of the discovery deadline.

Pursuant to the Judge Sleet's Order of September 26, 2006, which granted the parties first request for extension of deadlines, the discovery deadline is currently set for December 1, 2006, the dispositive motion deadline is set for December 15, 2006, and motions in limine are due by February 1, 2007. 3. This request is being made because although the Parties have been diligently

pursuing discovery, they will be unable to complete all discovery before December 1, 2006. The Parties have exchanged written discovery and are finalizing the exchange of documents. 4. The Parties had met with discovery disagreements and have attempted to meet

and confer on numerous occasions in order to avoid judicial intervention, which meeting and conferring had consumed time.

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5.

The Parties have discussed scheduling depositions, the Plaintiffs deposition has

been taken and one of Defendant's employees has been deposed, and they are working together to find mutually available dates for additional witnesses. 6. The parties have recently learned that several witnesses that will need to be

deposed by Plaintiff are no longer in the employ and control of Defendant, and Plaintiff is seeking their testimony via subpoena. At least one of those witnesses lives outside of this judicial district, in New Jersey. 7. In addition, both lead counsel for Plaintiff and Defendant are located out of state,

requiring travel, and time off due to the Thanksgiving, and Christmas/Hanukah Holidays will consume additional time and will present further difficulties in scheduling the depositions of third parties. 8. schedule:
· · ·

Accordingly, the Parties stipulate to the following proposed extension of the case

Discovery cut off: Dispositive motion deadline: Motions in limine due:

February 1, 2006 February 15, 2006 April 1, 2006

9.

In terms of the remaining dates, the Parties' understand that now that this matter

has been transferred to Judge Sue L. Robinson, Judge Robinson may designate other dates per her own schedule, and the Parties obviously will abide by any dates Judge Robinson proposes for trial and the like. 10. Lead counsel for Plaintiff and Defendant certify that a copy of this request has

been provided to their clients. See attached Exhibit A.

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Of counsel: David A. Campbell (#0066494) Admitted pro hac vice Lori L. Fauvie (#0076831) Admitted pro hac vice VORYS, SATER, SEYMOUR AND PEASE LLP 2100 One Cleveland Center 1375 East Ninth Street Cleveland, Ohio 44114 Telephone: 216-479-6100 Fax: 216-479-6060 [email protected] [email protected] Of counsel: James C. Bailey Jason H. Ehrenberg Bailey & Ehrenberg PLLC 1155 Connecticut Avenue NW Suite 1100 Washington, D.C. Telephone: 202-787-3869 Fax: 202-318-7071 [email protected] By:

By /s/ Francis G. X. Pileggi Francis G.X. Pileggi (I.D. # 2624) FOX ROTHSCHILD LLP Citizens Bank Center 919 North Market Street Suite 1300, 13th Floor Wilmington, DE 19801-2323 Telephone: 302-655-3667 Fax: 302-656-8920 [email protected]

__/s/Gary W. Aber Gary Aber (I.D. # 754) Aber, Goldlust, Baker & Over 702 King Street P.O,. Box 1675 Wilmington, DE 19899 Telephone: 866 -826-4950 Fax: 302-472-4920 [email protected]

_______________________________ The Honorable Sue L. Robinson Dated: November 30, 2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE PAULA PAGONAKIS, Plaintiff, v. EXPRESS LLC a/k/a LIMITED BRANDS, INC., Defendant. ) ) ) ) ) ) ) ) ) )

NO. 1:06-CV-00027 (GMS)

LOCAL RULE 16.5 CERTIFICATION OF PLAINTIFF'S COUNSEL Pursuant to Local Rule 16.5, I hereby certify that a copy of the Stipulation To Continue Discovery, Dispositive Motion And Motions In Limine Deadlines was sent to Plaintiff Paula Pagonakis.

/s/ Gary W. Aber One of the Attorneys for Plaintiff

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE PAULA PAGONAKIS, Plaintiff, v. EXPRESS LLC a/k/a LIMITED BRANDS, INC., Defendant. ) ) ) ) ) ) ) ) ) )

NO. 1:06-CV-00027 (GMS)

LOCAL RULE 16.5 CERTIFICATION OF DEFENDANT'S COUNSEL Pursuant to Local Rule 16.5, I hereby certify that a copy of the Stipulation To Continue Discovery, Dispositive Motion And Motions In Limine Deadlines was sent to Defendant Express, LLC's corporate representative.

/s/ Gary W. Aber One of the Attorneys for Defendant

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