The opinion of the court was delivered by: Morrison C. England, JR United States District Judge
LIMITED STIPULATION AND TO EXTEND TIME TO COMPLETE DISCOVERY; ORDER
Pursuant to Federal Rule of Civil Procedure 16(b)(4), IT IS HEREBY STIPULATED by and between the parties to this litigation, based upon good cause, that:
1) In exchange for dropping its motion to compel the deposition of Astrid Rusquellas, MD and related request for sanctions, Dr. Rusquellas has agreed to be deposed on October 29, 2009 at 1:30 p.m. in her Berkeley office. The defendants currently have pending their motion to compel as a result of a discovery cut-off date of September 29, 2009. By and through this stipulation, the parties seek relief from this court in so far as allowing them to take the percipient witness deposition after the discovery cut-off date so as to accommodate Dr. Rusquellas's medical condition.
2) Similar to Dr. Rusquellas, percipient witness Randy Vergos has recently endured a surgical operation and will be unavailable to sit for a deposition until October 2009. Counsel for defendants has a trial scheduled for October 19, 2009 and therefore, the parties seek relief from the court to allow them to depose Mr. Vergos at a time to be determined, but not later than the end of November, 2009.
The parties and the witnesses have agreed to the above and this stipulation is designed to accommodate the witnesses legitimate and unavoidable health conditions. The parties to not, at this time, wish for the discovery cut-off date to be moved and do not anticipate any further requests to conduct non-expert discovery past the September 29 deadline.
Dated: September 14, 2009
LAW OFFICES OF DANIEL M. KARALASH Daniel M. Karalash Attorney for Plaintiff
Pursuant to the parties' stipulation, the parties are permitted to depose Dr. Astrid Rusquellas on October 29, 2009 and Randy Vergos on or before November 30, 2009.
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