The opinion of the court was delivered by: Honorable Marilyn Hall Patel United District Court Judge
STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR PLAINTIFF TO SERVE REBUTTAL EXPORT REPORT Dept: Courtroom 15, 18th Floor Judge: Hon. Marilyn Hall Patel Trial Date: February 17, 2009
Pursuant to Local Rules 6-2 and 7-12 of the Northern District of California, it is hereby stipulated and agreed by Plaintiff Zameer Riaz Azam and Defendant Mark Johnson, by and through their attorneys, as follows:
WHEREAS, by Order dated September 22, 2008, the Court set the date for expert disclosure on December 12, 2008, and the date for rebuttal expert disclosure on January 5, 2009;
WHEREAS, Defendant Mark Johnson's expert witness disclosure listed Captain David Pascoe as a non-retained expert;
WHEREAS, Defendant Mark Johnson did not serve a Rule 26(a)(2)(B) expert report for Captain Pascoe;
WHEREAS, Captain Pascoe had a pre-planned vacation set for the two weeks prior to January 5, 2009, and was thus not available for deposition during that time; and
WHEREAS, Captain Pascoe is available for deposition on January 8, 2009, and will be deposed by Plaintiff's counsel on that date;
IT IS HEREBY STIPULATED that Plaintiff shall have until January 16, 2009, to serve a rebuttal expert report with respect to Captain Pascoe's expert opinions. Plaintiff's counsel will serve its rebuttal expert report with respect to Captain Pascoe's expert opinions on Defendant's counsel by electronic mail on January 16, 2009. Plaintiff will produce his expert for deposition regarding rebuttal reports on January 21, 2009.
I, Brook Dooley, am the ECF user whose ID and password are being used to file this STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT. In compliance with General Order 45, X.B., I hereby attest that Monica L. Cooper has concurred in this filing.
Pursuant to stipulation, IT IS SO ORDERED.
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