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In re Kennedy

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 17, 2009

IN RE ALAN EDWARD KENNEDY, DEBTOR.
MELANIE CASEY, PLAINTIFF,
v.
ALAN EDWARD KENNEDY, DEFENDANT.

BK Case No. 05-33187-C7

Adversary Proceeding No. 07-2046-C

STIPULATION AND ORDER REGARDING RE-OPENING DISCOVERY FOR THE DEPOSITION OF MEGAN O'HARA

Plaintiff Melanie Casey ("Casey") and Defendant Alan Edward Kennedy ("Kennedy"), by and through their counsel of record, do hereby agree and stipulate as follows:

1. Upon approval of this Court, the Scheduling Order in this case shall be modified to allow for the single deposition of Megan O'Hara on March 31, 2009 at 10:00 a.m.

2. There is good cause to modify the Scheduling Order to allow for this one additional deposition after the close of discovery.

a. Pursuant to this Court's scheduling order, as modified, the discovery cut-off in this case was September 12, 2008.

b. On February 4, 2009, Kennedy's counsel produced four pages of documents that purport to be emails between Kennedy and Casey. Kennedy's counsel contends that these emails were originally printed in 2002 and were relocated shortly before production on February 4th. Megan O'Hara provided these documents to Kennedy's counsel. Kennedy's counsel further represents that Kennedy intends to introduce these emails at trial. Kennedy's counsel contends that these emails are potentially relevant to Casey's veracity and her claim of damages.

c. Prior to production, Casey's counsel was unaware of the existence of these documents. Casey's counsel seeks to depose Ms. O'Hara to discover issues related to the late-produced documents.

Dated: March 17, 2009

PORTER SCOTT PC Jennifer E. Duggan Attorneys for Defendant Alan Edward Kennedy

MENNEMEIER, GLASSMAN & STROUD LLP Margaret Carew Toledo Attorneys for Plaintiff Melanie Casey

IT IS SO ORDERED.

20090317

© 1992-2009 VersusLaw Inc.



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