Free Motion for Extension of Time to Complete Discovery - District Court of California - California

Case 3:07-cv-05076-CRB

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M C D ERMOTT W ILL & E MERY LLP

Daniel E. Alberti (68620) Peter J. Drobac (191079) MCDERMOTT WILL & EMERY LLP 3150 Porter Drive Palo Alto, CA 94304-1212 Telephone: 650.813.5000 Facsimile: 650.813.5100 Wilber H. Boies, P.C. (admitted pro hac vice) Charles M. Evans (admitted pro hac vice) MCDERMOTT WILL & EMERY LLP 227 West Monroe Street Chicago, IL 60606-5096 Telephone: 312.372.2000 Facsimile: 312.984.7700 Attorneys for Defendant STUART WEITZMAN HOLDINGS, LLC (SUED AS STUART WEITZMAN RETAIL STORES, LLC, STUART WEITZMAN SAN FRANCISCO, LLC) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION SONJA KLIMP, on behalf of herself and All others similarly situated, Plaintiff, v. STUART WEITZMAN RETAIL STORES, LLC.; STUART WEITZMAN SAN FRANCISCO, LLC, and DOES 1 through 10, inclusive, Defendant. CASE NO.: C 07 5076 CRB MOTION AND [PROPOSED] ORDER TO EXTEND TIME FOR DEFENDANT TO RESPOND TO PLAINTIFF'S DISCOVERY BY ONE WEEK

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Pursuant to Federal Rule of Civil Procedure 26(c) and L.R. 6-1 Defendant Stuart Weitzman Holdings, LLC (sued as Stuart Weitzman Retail Stores, LLC, Stuart Weitzman San Francisco, LLC) hereby moves for an extension of time to respond to Plaintiff's discovery to and including March 8, 2008. Attached hereto is the Declaration of Charles M. Evans in support of this Motion and [Proposed] Order.
MOT TO EXT TIME FOR DEF TO RESPOND TO PLF S DISCOVERY BY ONE WEEK

CASE NO.: C 07 5076 CRB

Case 3:07-cv-05076-CRB

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M C D ERMOTT W ILL & E MERY LLP

. Dated: February 28, 2008 MCDERMOTT WILL & EMERY LLP

By:

/s/ Charles M. Evans Daniel E. Alberti Peter J. Drobac Wilber H. Boies, P.C. Charles M. Evans

Attorneys for Defendant STUART WEITZMAN HOLDINGS, LLC (SUED AS STUART WEITZMAN RETAIL STORES, LLC, STUART WEITZMAN SAN FRANCISCO, LLC)

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MOT TO EXT TIME FOR DEF TO RESPOND TO PLF S DISCOVERY BY ONE WEEK

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CASE NO.: C 07 5076 CRB

Case 3:07-cv-05076-CRB

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M C D ERMOTT W ILL & E MERY LLP

DECLARATION OF CHARLES M. EVANS IN SUPPORT OF DEFENDANT'S MOTION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO PLAINTIFF'S DISCOVERY BY ONE WEEK I, Charles M. Evans, declare as follows: 1. I am an attorney at the law firm of McDermott Will & Emery LLP, counsel of

record for Defendant Stuart Weitzman Holdings, LLC (sued as Stuart Weitzman Retail Stores, LLC and Stuart Weitzman San Francisco, LLC) ("Defendant"). I am a member in good standing of the State Bar of Illinois and am admitted to practice pro hac vice in the United States District Court for the Northern District of California. I have personal knowledge of the facts set forth in this Declaration and, if called as a witness, could and would testify competently to such facts under oath. 2. On February 22, 2008, this Court held the Case Management Conference and

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entered a Case Management Order (Dkt. No. 16.). In the Case Management Order, this Court ordered that discovery be limited to the issue of willfulness. Defendant's responses to Plaintiff's outstanding Interrogatories and Document Requests (served on January 24, 2008) are now due only four business days after the Court's order limiting discovery to willfulness. Accordingly, Defendant conferred in good faith with Plaintiff and requested that Plaintiff agree to allow Defendant an extra eight calendar days to respond to the discovery. Specifically, Defendant requested that Plaintiff agree that Defendant have until March 8, 2008 to serve responses to Plaintiff's Discovery. Plaintiff has not agreed to this extension. 3. If this Court does not grant this request, Defendant Stuart Weitzman will be

substantially prejudiced in that it will not be able to appropriately respond to Plaintiff's Discovery. 4. The parties previously filed, and the Court granted, two stipulations to extend time

for Defendant Stuart Weitzman to respond to the Complaint. (Dkt. Nos. 5, 6, 7, 9.) 5. This is Defendant's only request to extend the time in which to respond to

Plaintiff's discovery. 6. This request for modification of time will not alter any other dates previously 3

MOT TO EXT TIME FOR DEF TO RESPOND TO PLF S DISCOVERY BY ONE WEEK

CASE NO.: C 07 5076 CRB

Case 3:07-cv-05076-CRB

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entered by this Court. Executed on the 28th day of February, 2008 at Chicago, Illinois. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.

/s/ Charles M. Evans

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MOT TO EXT TIME FOR DEF TO RESPOND TO PLF S DISCOVERY BY ONE WEEK

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CASE NO.: C 07 5076 CRB

Case 3:07-cv-05076-CRB

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[PROPOSED] ORDER

_____Defendant's Motion for Extension of Time to Respond to Plaintiff's Discovery is Granted. Defendant is hereby given up to and including March 8, 2008 to serve responses to Plaintiff's outstanding discovery. _____In addition the Court orders:

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MOT TO EXT TIME FOR DEF TO RESPOND TO PLF S DISCOVERY BY ONE WEEK

Dated:

____________________________________ Hon. Charles R. Breyer UNITED STATES DISTRICT JUDGE

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CASE NO.: C 07 5076 CRB

Case 3:07-cv-05076-CRB

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M C D ERMOTT W ILL & E MERY LLP

PROOF OF SERVICE I, Charles M. Evans, declare: I am a resident of the State of Illinois and over the age of eighteen years. My business address is 227 West Monroe Street, Chicago, Illinois. On February 28, 2008, I served the within document: MOTION AND [PROPOSED] ORDER TO EXTEND TIME FOR DEFENDANT TO RESPOND TO PLAINTIFF'S DISCOVERY BY EIGHT DAYS by transmitting via facsimile the document(s) listed above to the fax number(s) set forth below on this date by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at Chicago, Illinois addressed as set forth below. by causing personal delivery by ___________________ of the document(s) listed above to the person(s) at the address(es) set forth below. by placing the document(s) listed above in a sealed Federal Express envelope and affixing a pre-paid air bill, and causing the envelope to be delivered to a Federal Express agent for overnight delivery. by electronically mailing a true and correct copy through McDermott, Will & Emery's electronic mail system at the e-mail address(es) set forth below. Douglas A. Linde, Esq. [email protected] Chant Yedalian, Esq. [email protected] Erica Leigh Allen, Esq. THE LINDE LAW FIRM 9000 Sunset Boulevard, Suite 1025 Los Angeles, CA 90069 Telephone: 310.203.9333 Facsimile: 310.203.9233 I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed on February 28, 2008 at Chicago, Illinois. s/ Charles M. Evans Charles M. Evans

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CHI99 4948601-1.070670.0013

MOT TO EXT TIME FOR DEF TO RESPOND TO PLF S DISCOVERY BY ONE WEEK

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CASE NO.: C 07 5076 CRB