UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
May 18, 2011
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
AHMED ELSHENAWY, PLAINTIFF/INTERVENOR
SIERRA PACIFIC INDUSTRIES, DEFENDANT.
The opinion of the court was delivered by: Morrison C. England, JR United States District Judge
STIPULATION REGARDING LIMITED RE- OPENING OF DISCOVERY AND [PROPOSED] ORDER
Plaintiff Equal Employment Opportunity Commission (EEOC), Plaintiff-Intervenor Ahmed Elshenawy and Defendant Sierra Pacific Industries (SPI) jointly respectfully request that the Court allow the limited discovery described below. Discovery in this case closed on November 9, 2009.
However, the trial of the case is not scheduled to begin until January 30, 2012. No party will be prejudiced by the granting of the instant request and current pre-trial deadlines will not be affected.
Good cause exists for the granting of the instant request. Plaintiffs received Defendant's disclosure of witness Ed Bond on the day of the discovery deadline. As such, Plaintiffs claim that Defendant did not timely disclose Mr. Ed Bond as a potential witness pursuant to Federal Rule of Civil Procedure 26. Plaintiffs believe that allowing Mr. Bond's testimony at trial would result in unfair prejudice to Plaintiffs' case unless they are afforded an opportunity to depose Mr. Bond and to conduct discovery concerning and/or relating to his testimony. Absent such measures, and considering the resulting prejudice, Plaintiffs would object to Mr. Bond being called as a witness at trial.
Defendant claims that it did timely disclose Mr. Bond and believes that Mr. Bond's exclusion as a witness at trial would be detrimental to its defense. Defendant agrees to make Mr. Bond available for a deposition.
In addition, during discovery, the parties encountered difficulty locating witness Kristi Dunehew and scheduling her deposition. Ms. Dunehew will cooperate with the scheduling of her deposition for June 23, 2011.
The parties have extensively met and conferred about the foregoing matters and stipulate to the terms set out below. Accordingly, the parties respectfully request that the Court issue an order as follows:
1. Discovery shall be re-opened for the limited purpose of allowing Plaintiff EEOC and Intervenor Elshenawy to, pursuant to the Federal Rules of Civil Procedure, (a) conduct one joint deposition of Mr. Ed Bond and to (b) conduct any other discovery that is reasonably related to Ed Bond's testimony, including written and deposition discovery. In consideration of the foregoing, Plaintiff EEOC and Intervenor Elshenawy waive any objection to Defendant Sierra Pacific Industries' proffer of Ed Bond as a witness at trial.
2. All depositions shall be completed and all written discovery shall be served no later than July 31, 2011. In addition, any unresolved discovery dispute which may arise and which cannot be resolved informally between the parties shall be presented to the assigned Magistrate no later than August 31, 2011.
3. Plaintiff EEOC and Intervenor Elshenawy shall conduct one joint deposition of Kristi Dunehew pursuant to the Federal Rules of Civil Procedure, and Defendant SPI shall make her available for such deposition.
Dated: May 17, 2011 DUN & MARTINEK LLP Shelley C. Addison Attorney for Defendant SIERRA PACIFIC INDUSTRIES Dated: May 17, 2011 DOWNEY BRAND Daniel J. Coyle Attorney for Defendant SIERRA PACIFIC INDUSTRIES Dated: May 17, 2011 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Linda Ordonio-Dixon Attorney for Plaintiff U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dated: May 17, 2011 DEEMS & KELLER, LLP Michael R. Deems Attorney for Plaintiff/Intervenor AHMED ELSHENAWY
IT IS SO ORDERED.
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