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Clark v. Wyndham Resort Development Corp.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


March 18, 2010

NORMAN CLARK AND REBECCA WIXON, AND BARBARA WIXON, AND KANDICE SCATTOLON, DERIVATIVELY AND ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
WYNDHAM RESORT DEVELOPMENT CORP. CLASS AND DERIVATIVE ACTION (F/K/A TRENDWEST RESORTS, INC.), GENE HENSLEY, DAVID HERRICK, JOHN HENLEY, PEGGY FRY, AND JOHN MCCONNELL, AND NOMINALLY, WORLDMARK, THE CLUB, DEFENDANTS.

The opinion of the court was delivered by: Jeffrey S. White, United States District Judge

STIPULATION AND ORDER AMENDING DEADLINE TO FILE DISCOVERY MOTIONS

On March 18, 2010. Under Civil Local Rule 26-2, motions to compel discovery must be filed no later than 7 court days following discovery cut-off, or March 29, 2010.

Plaintiffs Clarke and Rebecca Wixon, Norman and Barbara Wixon, and Kandice Scattolon Pursuant to the Order Scheduling Trial and Pretrial Matters (Dkt. 412), fact discovery closes ( Plaintiffs ) and Defendants Gene Hensley, David Herrick, John Henley, Peggy Fry, and John McConnell ( Director Defendants ) hereby stipulate, subject to Court approval, to extend the deadline to file discovery motions involving the parties to this stipulation, from March 29, 2010 to April 9, 2009. As stated in prior pleadings (see Dkt. Nos. 427, 431, 438), the parties are engaged in ongoing, good faith discussions of methods to resolve the litigation which, if successful, will eliminate the need for motion practice to resolve outstanding discovery disputes as between the Plaintiffs and the Director Defendants. Accordingly, the parties to this stipulation seek a short continuance, from March 29, 2010 to April 9, 2010, for the limited purpose of extending the time by which motions may be filed to resolve currently pending discovery disputes.

Subject to Court approval, the undersigned parties hereby stipulate that the motion deadline set forth in Rule 26-2 may be extended to April 9, 2010, for the limited purpose of allowing the parties additional time to file motions to resolve discovery disputes currently outstanding should they fail to reach a settlement of the litigation before that time. The parties agree that no party to this stipulation may initiate new discovery requests or depositions pursuant to this limited continuance.

No dates set by the Order Scheduling Trial and Pretrial Matters (Dkt. 412) are affected by this stipulation.

The undersigned parties have conferred with counsel for Defendant Wyndham Resort Development Corporation ( Wyndham ), who has advised that Wyndham takes no position with respect to the matters embraced by this stipulation or motion deadlines for discovery disputes as between Plaintiffs and Director Defendants.

ORDER

FOR GOOD CAUSE SHOWN, PURSUANT TO STIPULATION, THE COURT HEREBY GRANTS THE RELIEF REQUESTED BY PLAINTIFFS AND DIRECTOR DEFENDANTS, AND EXTENDS THE LOCAL CIVIL RULE 26-2 DISCOVERY MOTION DEADLINE FROM MARCH 29 TO APRIL 9, 2010.

20100318

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