James R. Walsh, WALSH LAW FIRM Attorneys at Law 250 Lafayette Circle, Suite 200 Lafayette, CA 94549 Telephone: 925.284.7400 Facsimile: 866.406.8863 Email: Jwalsh@walsh-law.com Attorneys for Defendants A GREENER GLOBE, a California non-profit public benefit corporation, sued herein as "A GREENER GLOBE, a California Corporation, aka A GREENER GLOBE CORPORATION, AKA A GREENER GLOBE, Inc. AKA A GREENER GLOBE, a California nonprofit public benefit corporation (co- owner)", DANIEL G. SHEEHAN, an individual, sued herein as "DANIEL G. SHEEHAN, an individual and dba A GREENER GLOBE (co-owner)", JACKLYN C. SHEEHAN, an individual, sued herein as "JACKLYN C. SHEEHAN, an individual and dba A GREENER GLOBE (co-owner)", and Defendant WESTERN
Plaintiff, by undersigned counsel, submits this request by stipulation to amend Pretrial Scheduling ordered and filed in this case on August 13, 2010, so as to permit discovery cutoff to extend until February 28, 2011, due to Plaintiff's counsel's ongoing medical issues.
WHEREAS Plaintiff's counsel has suffered an injury to his back for which he is undergoing diagnosis and treatment ("Medical Condition"); and
WHEREAS Plaintiffs counsel's Medical Condition has interfered with his ability to work competently full time on his case load as well as in the instant case, has also resulted in his inability to attend certain noticed depositions to date and is expected to continue to interfere with Plaintiff's counsel performance of his duties in this case over the short term, and
WHEREAS Plaintiff's counsel believes he will be able to complete discovery by February 28, 2011,
THE PARTIES HEREBY STIPULATE and agree, so as to accommodate Plaintiff's counsel that there is good cause to request an extension of discovery cutoff, and accordingly stipulate, subject to the courts approval, as follows:
1. To amend the Pretrial Scheduling in this case to include a discovery cutoff date of February 28, 2011.
2. The depositions of Plaintiff Capitol Waste, Inc., Kenneth Whitmire and Iva Whitmire will be held on January 24, 2011 at the Walsh Law Firm in its Roseville, California office.
3. Plaintiff shall provide full and complete responses to the Form Interrogatories, Requests for Admission, Requests to Produce Documents and Special Interrogatories, previously served by defendants in the state court action. These responses, including production of the documents, shall be delivered to the Walsh Law Firm in Lafayette, CA no later than the close of business on January 3, 2011. Failure to fully comply with this agreement and order will result in sanctions.