UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 22, 2012
GENERAL ELECTRIC COMPANY, A NEW YORK CORPORATION; AND
GE WIND ENERGY, LLC, A DELAWARE LIMITED LIABILITY COMPANY, PLAINTIFFS,
THOMAS WILKINS, AN INDIVIDUAL,
The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge
STIPULATION AND ORDER RE: POSTPONEMENT OF DEPOSITION OF NORLAND BRACE DUE TO ILLNESS (Doc. 313)
Defendant Thomas A. Wilkins (Mr. Wilkins), Intervenors Mitsubishi Heavy Industries, Ltd. and Mitsubishi Power Systems Americas, Inc. (collectively, Mitsubishi), 2 and Plaintiffs General Electric Company and GE Wind Energy, Inc. (collectively, GE), 3 through their counsel, hereby stipulate subject to the approval of the Court as follows:
1. The deposition of GE's Norland Brace was scheduled to occur in this case on 5 February 23, 2012, the fact discovery cut-off date.
2. On the afternoon of February 21, GE informed Mitsubishi and Mr. Wilkins that 7 Mr. Brace was ill and that he could not proceed with the deposition as scheduled.
3. The parties understand the need to avoid undue delay as reflected in the Court's February 21, 2012, Stipulated Order. They do not lightly approach the Court regarding additional exceptions to applicable deadlines, but feel that such delay is justified in this case due to Mr. Brace's indisposition.
4. The parties believe that Mr. Brace's illness constitutes "exceptional good cause" within the meaning of the Court's Stipulated Order, warranting the postponement of his deposition for a few days.
5. Subject to the approval of the Court, the parties jointly request that Mr. Brace's rescheduled deposition be allowed to occur on March 7, 2012, which is the first day that Mr. Brace is available.
6. Permitting such a postponement of the deposition would not require adjustment of any other deadlines in this case, but permit timely completion of applicable discovery.
Dated: Feb. 22, 2012 By: /s/ Thomas Winland Thomas W. Winland (pro hac vice) Finnegan Henderson Farabow Garrett and Dunner, LLP 901 New York Avenue NW Washington, DC 20001 Attorneys for Thomas A. Wilkins Dated: Feb. 22, 2012 By: /s/ Andrew J. Sloniewsky Filiberto Agusti (pro hac vice) Steven J. Barber (State Bar No. 145645) Seth Watkins (pro hac vice) Andrew J. Sloniewsky (pro hac vice) 2 STEPTOE & JOHNSON LLP 3 Attorneys for Defendants Mitsubishi Heavy Industries, Ltd. and Mitsubishi Power Systems Americas, Inc. Dated: Feb. 22, 2012 By: /s/ Elizabeth M. Reilly Elizabeth M. Reilly (pro hac vice) 7 WilmerHale 60 State Street Boston MA 02109 8 9 Attorneys for Plaintiffs General Electric Company and GE Wind Energy, LLC
Based upon the illness of deponent, Norland Brace, the Court GRANTS the stipulation of the parties to allow his deposition to occur out-of-time and on March 7, 2012.
IT IS SO ORDERED.
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