Free Order - District Court of California - California

Case 3:07-cv-05037-MMC

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Filed 08/29/2008

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MARJORIE S. FOCHTMAN, SBN 143201 PAUL R. LYND, SBN 202764 DAVID A. KOLEK, SBN 245330 NIXON PEABODY LLP One Embarcadero Center, 18th Floor San Francisco, California 94111-3600 Telephone: (415) 984-8200 Fax: (415) 984-8300 Attorneys for Defendant CARGILL, INC. RICHARD J. VAZNAUGH, SBN 173249 LAW OFFICES OF RICHARD J. VAZNAUGH 600 Harrison Street, Suite 120 San Francisco, CA 94107 Telephone: (415) 593-0076 Fax: (415) 593-0093 [email protected] Attorney for Plaintiff JOE ESMOND

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

JOE ESMOND, Plaintiff, vs. CARGILL INC., dba Cargill Salt Co. Company, an entity, and DOES 1-20, inclusive, Defendant.

No. Case No. C 07-5037 MMC JOINT STIPULATION AND ORDER [PROPOSED] TO CONTINUE EXPERT DISCLOSURE AND EXPERT DISCOVERY DEADLINES [FRCP 26 & FRCP 29] Trial Date: January 26, 2009

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STIPULATION AND PROPOSED ORDER RE: EXPERT DISCOVERY Case No. C 07-5037 MMC

Case 3:07-cv-05037-MMC

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Plaintiff Joe Esmond ("Plaintiff") and Defendant Cargill, Inc. ("Cargill"), by and through their respective counsel of record, hereby stipulate as follows: The Court's pre-trial order of January 14, 2008 set the date to designate experts as September 5, 2008, the rebuttal date is September 29, 2008 and expert discovery cut off is October 10, 2008. The parties have agreed to continue these expert discovery deadlines, as indicated below, for reasons of mutual convenience and economy and in the belief that neither side will be prejudiced due to this continuance. Good cause is shown because: 1. Plaintiff's counsel is currently occupied with an appeal in another matter and will be occupied with this until September 2, 2008. Defense counsel Paul Lynd will be unavailable due to travel and vacation during most of the month of September. 2. Substantial expert and attorneys fees must be expended both to disclose and then depose experts, due to the reporting and disclosure obligations of FRCP 26. The additional flexibility of the schedule above will allow the litigation to be conducted more economically for all parties. 3. The continued expert dates will not delay pre-trial obligations. Because Plaintiff's current claims have been narrowed to "wage and hour" related violations, the range of potential experts is limited and most likely will be limited to an accountant/economist for the purpose of calculating back pay, penalties, interest and related issues. 4. The parties have agreed that they will not use any experts for dispositive motions. So, pre-motion expert discovery is unnecessary.

STIPULATION AND PROPOSED ORDER RE: EXPERT DISCOVERY

Case No. C 07-5037 MMC

Case 3:07-cv-05037-MMC

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Filed 08/29/2008

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1 2 3 4 5 6 7 8 9 10 DATED: August 28, 2008 11 12 13 14 DATED: August 28, 2008 15 16 By: 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATION AND PROPOSED ORDER RE: EXPERT DISCOVERY

Therefore the parties respectfully request that the expert disclosure and discovery deadlines in this matter be continued as follows: 1. Designation of experts Plaintiff/Defendant: No later than October 27, 2008. (Which is 90 days prior to trial and therefore conforms with FRCP § 26 (a)(2)(C). 2. 3. Rebuttal experts shall be disclosed no later than November 10, 2008; and, Expert discovery shall be completed by December 5, 2008.

IT IS SO STIPULATED. NIXON PEABODY LLP By: /s/ _________________________________ PAUL R. LYND Attorneys for Defendant CARGILL INC.

LAW OFFICES OF RICHARD J. VAZNAUGH /s/ _________________________________ RICHARD J. VAZNAUGH Attorney for Plaintiff JOE ESMOND

[PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.

August 29, 2008 Dated: ___________________________

_______________________________________ HON. MAXINE M. CHESNEY District Court Judge

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Case No. C 07-5037 MMC