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Yesenia Guitron; and Judi Klosek v. Wells Fargo Bank

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


December 20, 2011

YESENIA GUITRON; AND JUDI KLOSEK,
PLAINTIFFS,
v.
WELLS FARGO BANK, N.A.; WELLS FARGO & CO.; PAM RUBIO; AND DOES 1- 20,
DEFENDANTS.

The opinion of the court was delivered by: The Hon. Claudia Wilken U.S. District Judge

PARTIES' STIPULATION AND [PROPOSED] ORDER TO EXTEND EXPERT DISCOVERY CUT-OFF DATE

Plaintiffs YESENIA GUITRON and JUDI KLOSEK and Defendants WELLS FARGO BANK, N.A., WELLS FARGO & CO. and PAM RUBIO (collectively, "Defendants") stipulate, as follows:

WHEREAS, the parties have designated seven expert witnesses, including three retained

4 experts and three non-retained experts Plaintiffs have designated and one retained expert 5 Defendants have designated; 6

WHEREAS, a dispute arose between the parties regarding whether Defendants were entitled to take a Rule 35 mental examination of Plaintiff Klosek; 8

WHEREAS, Magistrate Judge Maria-Elena James ruled upon the parties' dispute in 9 favor of Defendants on December 1, 2011; 10

WHEREAS, Plaintiffs intend to file a Motion for Relief from Nondispositive Pretrial

Order on Magistrate Judge James' ruling of December 1, 2011 pursuant Civil Local Rule 72.2, and thus are not scheduling Plaintiff Klosek's mental examination;

WHEREAS, because of the unavailability of the expert witnesses and counsel in December 2011 and the dispute over the Rule 35 mental examination of Plaintiff Klosek, the 14 parties still have to schedule and take the depositions of the seven expert witness that were 15 designated in this case, as well as schedule the mental examination of Plaintiff Klosek unless the 16

Court grants Plaintiffs' Civil Local Rule 72.2 Motion; 17

WHEREAS, the expert discovery cut-off date currently is December 16, 2011;

WHEREAS, the parties need an additional 45 days to complete expert discovery, including the seven depositions and the mental examination;

THEREFORE, the parties stipulate and respectfully ask the Court to grant a 45-day extension of the expert discovery cut-off date to January 31, 2012. 21

IT IS SO STIPULATED THROUGH COUNSEL OF RECORD:

Dated: December 6, 2011

ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP By: (-) Alexander Nestor ALEXANDER NESTOR Attorneys for Defendants Dated: December 6, 2011 PERETZ & ASSOCIATES 9 By: (-) Yosef Peretz YOSEF PERETZ Attorneys for Plaintiffs

Pursuant to the parties' Stipulation, and Good Cause appearing therefor, the Court hereby orders that the expert discovery cut-off date is continued from December 16, 2011, to 19 January 31, 2012. 20

IT IS SO ORDERED.

Dated: December ___, 2011

By:____________________________

20111220

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