Free Order - District Court of California - California

Case 3:07-cv-05037-MMC

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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 Facsimile: (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 Facsimile: (415) 593-0093 Attorneys for Plaintiff JOE ESMOND

UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 16 JOE ESMOND, 17 Plaintiff, 18 vs. 19 20 21 22 23 24 25 26 27 28
JOINT STIPULATION TO EXTEND NON-EXPERT DISCOVERY CUTOFF; PROPOSED ORDER Case No. C 07-5037 MMC

No. Case No. C 07-5037 MMC JOINT STIPULATION TO EXTEND NONEXPERT DISCOVERY CUTOFF FOR PURPOSE OF EACH PARTY TAKING ONE ADDITIONAL DEPOSITION AS SPECIFIED; [PROPOSED] ORDER [FRCP 29(b)] Trial Date: January 26, 2009

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

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 that the date for cutoff of fact discovery set in the Court's Pretrial Preparation Order be extended from August 15, 2008 as follows: (1) Through August 19, 2009, for the purpose of Plaintiff taking the deposition of Aileen

Fox, Cargill's designated person most knowledgeable witness on two subjects; and (2) Through August 21, 2009, for the purpose of Cargill taking the deposition of Plaintiff.

The parties further stipulate that this stipulation does not extend the fact discovery cutoff date for any other discovery. Additionally, because these stipulated dates coincide with the deadline for filing any motion to compel set by Local Rule 26-2, the parties also stipulate to extend the deadline for filing any motion to compel concerning the above depositions only until seven court days after the dates set forth above, respectively. Counsel for the parties further stipulate that they have met and conferred in a good faith effort to schedule these two depositions at dates mutually convenient for all counsel and parties before the fact discovery cutoff date. Cargill's counsel proposed dates for these depositions during the last two weeks of July; however, counsel for Plaintiff is unavailable on those dates because of previously scheduled travel on those dates through August 2, 2008. Alternatively, Plaintiff proposed dates in early August; however, Cargill's representatives are unable to attend the depositions between August 4 and 15, 2008 because of previously scheduled travel outside of the country. Accordingly, counsel for the parties agreed on the first available mutually convenient dates as set forth above, which are in the week immediately following the fact discovery cutoff date. Finally, counsel for the parties stipulate that there have been no previous time modifications of discovery in this case by stipulation or court order. This stipulated time modification will not effect any other aspects of the schedule in this case, as the Court's deadline for expert discovery will // // // //

JOINT STIPULATION TO EXTEND NON-EXPERT DISCOVERY CUTOFF; PROPOSED ORDER

Case No. C 07-5037 MMC

Case 3:07-cv-05037-MMC

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not be effected, the deadline for dispositive motions is not until October 24, 2008, and trial is not scheduled until January 26, 2009. IT IS SO STIPULATED. DATED: July 9, 2008 NIXON PEABODY LLP

By: /s/ Paul R. Lynd ________________________ PAUL R. LYND Attorneys for Defendant CARGILL INC. LAW OFFICES OF RICHARD J. VAZNAUGH

By: /s/ Richard J. Vaznaugh __________________ RICHARD J. VAZNAUGH Attorneys for Plaintiff JOE ESMOND

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

July 14, 2008 Dated: ___________________________

_______________________________________ HON. MAXINE M. CHESNEY District Court Judge

JOINT STIPULATION TO EXTEND NON-EXPERT DISCOVERY CUTOFF; PROPOSED ORDER

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Case No. C 07-5037 MMC