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Herson v. City of Richmond

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


August 17, 2010

JEFFREY HERSON, AN INDIVIDUAL; EAST BAY OUTDOOR, INC., A CALIFORNIA CORPORATION, PLAINTIFFS,
v.
CITY OF RICHMOND, A CHARTER CITY, DEFENDANT.

The opinion of the court was delivered by: Phyllis J. Hamilton United States District Judge

STIPULATION TO EXTEND TIME FOR 20 DEPOSITION BEYOND DISCOVERY CUTOFF; [PROPOSED] ORDER Judge: Honorable Phyllis J. Hamilton Dept.: Courtroom 3 Trial Date: None set

WHEREAS, Plaintiffs have noticed a deposition of Defendant's person or persons most knowledgeable pursuant to Fed. R. Civ. P. 30(b)(6) for August 17, 2010 ("PMK Deposition");

WHEREAS, given the numerous subjects included in the notice, the preparation required for the PMK Deposition will be extensive, Defendant wishes to extend the date of the deposition to September 7, 2010;

WHEREAS, this Court's Case Management and Pretrial Order establishes August 25, 2010 as the cutoff for non-expert discovery;

WHEREAS, the parties cannot agree about whether that cutoff should be extended, and Defendant plans to apply separately to this Court to extend the cutoff, but the parties have agreed to request that this Court allow the PMK Deposition to occur after the existing cutoff; and

WHEREAS, although this stipulation involves a discovery matter, because it also involves an exception to a deadline set in this Court's Case Management and Pretrial Order, it has not been designated in the caption as a discovery matter.

NOW, THEREFORE, the parties hereby agree and request that the Court order as follows:

1. Notwithstanding the non-expert discovery cutoff presently set for August 25, 2010, the deposition noticed by Plaintiffs pursuant to Fed. R. Civ. P. 30(b)(6) for August 17, 2010 shall be held instead on September 7, 2010 at the same time and place indicated in the notice of deposition.

2. Defendant waives notice of the new date of the PMK Deposition.

[PROPOSED] ORDER

Pursuant to stipulation, and good cause appearing, IT IS HEREBY ORDERED THAT:

1. Notwithstanding the non-expert discovery cutoff presently set for August 25, 2010, the deposition noticed by Plaintiffs pursuant to Fed. R. Civ. P. 30(b)(6) for August 17, 2010 shall be held instead on September 7, 2010 at the same time and place indicated in the 6 notice of deposition.

2. Plaintiffs need not serve a revised notice of deposition reflecting the new date.

IT IS SO ORDERED.

20100817

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