UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION
October 11, 2011
TERMINIX INTERNATIONAL, INC., A CONTINUING TRIAL AND CERTAIN DELAWARE CORPORATION DOING BUSINESS IN PRE-TRIAL EVENTS THE STATE OF CALIFORNIA AS SERVICEMASTER, DEFENDANT.
The opinion of the court was delivered by: Judge: John A. Mendez
STIPULATED REQUEST FOR AN ORDER CONTINUING TRIAL AND CERTAIN PRE-TRIAL EVENTS AND ORDER
Complaint Filed: March 11, 2010
Trial Date: February 27, 2012
Plaintiff ANASTASIA YEAGER ("Plaintiff") and Defendant TERMINIX INTERNATIONAL, INC. ("Terminix") (collectively "The Parties") hereby stipulate and agree to the following:
WHEREAS, in the Pretrial Scheduling Order filed in this matter on July 19, 2010, the Honorable John A. Mendez ordered the parties to complete all discovery, with the exception of expert discovery, by October 7, 2011. (Court Docket No. 12);
WHEREAS, in the Pretrial Scheduling Order filed in this matter on July 19, 2010, the Honorable John A. Mendez set the trial in this matter for February 27, 2012. (Court Docket No. 12);
WHEREAS, Counsel for Terminix substituted into this case on April 14, 2011;
WHEREAS, Counsel for Terminix is scheduled to appear for a class action trial in another court on another matter from January 30, 2012 through April 6, 2012;
WHEREAS, the Plaintiff has noticed and scheduled the depositions of six employees of TERMINIX, including officers of Terminix, and requested documents for these depositions for the week beginning on October 3, 2011 and to be completed by October, 7, 2011;
WHEREAS, at least three of the six employees of Terminix, the depositions of whom Plaintiff seeks, reside and work outside of the State of California in the State of Tennessee and the State of Washington;
WHEREAS, the Parties are attempting to resolve this matter before incurring the significant costs and expenses associated with the completion of such depositions and preparing for trial and before incurring the potential disruption to the business of Terminix;
WHEREAS, the parties and their counsel request that the October 7, 2011 non-expert discovery deadline be continued to January 13, 2012, for the sole purpose of permitting the depositions of the six Terminix employees currently noticed for October 3, 2011 and October 7, 2011 to be completed and documents produced pursuant to those deposition notices;
WHEREAS, the parties and their counsel further request that the trial in this matter be continued from February 27, 2012 at 9:00 a.m. to April 30, 2012, and that the pre-trial conference be continued accordingly, so that the parties may explore the informal resolution of this matter, complete discovery, and prepare for trial, if necessary, thereafter.
THEREFORE, IT IS HEREBY STIPULATED by and between the parties, through their respective counsel, that:
1. The non-expert discovery cut-off be continued from October 7, 2011 to January 13, 2012 as to the depositions of the six Terminix employees currently noticed for October
3, 2011 and October 7, 2011.
2. The final pre-trial conference be continued from January 18, 2012 to April 18, 2012 at 3:00 p.m.
3. Jury trial in this matter be continued from February 27, 2012 at 9:00 a.m. to April 30, 2012 at 9:00 a.m.
IT IS SO STIPULATED.
Dated: October 6, 2011 LITTLER MENDELSON A Professional Corporation By: /s/ Anne- Marie Waggoner ANNE-MARIE WAGGONER Attorneys for Defendant TERMINIX INTERNATIONAL, INC. Dated: October 6, 2011 PERKINS & ASSOCIATES By: /s/ Robin K. Perkins ROBIN K. PERKINS Attorneys for Plaintiff ANASTASIA YEAGER
As good cause exists due to Parties' attempts to resolve this matter before incurring
the significant costs and expense associated with the completion of additional discovery and trial
preparation and before incurring the disruption to the business of Terminix, and due to Counsel for
Terminix's conflict with the current trial date, the Court hereby modifies its Pretrial Scheduling
Order in this matter as stipulated above, with the exception that the final pretrial conference is
continued to April 11, 2012, at 3:00 p.m. and the jury trial is continued to May 21, 2012, at 9:00 a.m.
IT IS SO ORDERED.
John A. Mendez UNITED STATES DISTRICT JUDGE
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