The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge
SECOND STIPULATION AND [PROPOSED] ORDER MODIFYING THE PRETRIAL SCHEDULING ORDER Trial Date: Not Set
The Valspar Corporation ("Defendant") and Launte Barnes, Marcus Jackson, Frederick Toussaint and Donald Wallace ("Plaintiffs") (collectively referred to as "the Parties"), by and through their respective counsel of record for good cause do hereby stipulate and respectfully request that this Court issue an Order modifying the Pretrial Scheduling Order issued on April 5, 2011 for the reasons set forth below.
1. On February 13, 2012, this Court signed an Order modifying the Court's April 5, 2011 Scheduling Order, which allowed Defendant to take the Plaintiffs' depositions before April 6, 2012.
2. Defendant thereafter coordinated with Plaintiffs' counsel regarding the availability of all parties and counsel and set the depositions for March 30, 2012, April 2, 2012 and April 3, 2012. Defendant served Amended Deposition Notices for each Plaintiff, including Donald Wallace. All of the depositions set went forward, except for Mr. Wallace.
3. On April 2, 2012, Mr. Jennings learned for the first time that Donald Wallace would not be available for his deposition, currently set for the afternoon of April 3, 2012. Mr. Wallace left a voicemail message stating he was out of town and believed his deposition was set for the following week. Mr. Jennings informed Ms. Kelley during a break during the deposition and stated he was trying to contact Mr. Wallace to obtain additional information.
4. As of April 3, 2012, Mr. Jennings has not been in contact with his client, Donald Wallace to confirm a new date for his deposition. As a result, counsel for the parties agree, based on their availability that Mr. Wallace's deposition can be rescheduled on or before April 20, 2012. To the extent that Mr. Wallace again fails to appear for the rescheduled deposition, Defendant requests that it be permitted to file a Motion to Compel his Deposition on or before April 28, 2012.
5. Counsel for the parties agree that no other deadline set forth in this Court's Scheduling Order dated April 5, 2011 needs to be moved or modified as the result of allowing the Plaintiff Donald Wallace's deposition to take place after the non-expert discovery cut-off deadline, except for a Motion to Compel his deposition, if necessary.
Accordingly, the Parties hereby stipulate and move the Court jointly for an order modifying the Pretrial Scheduling Order as follows:
(1) To allow Defendant to take Plaintiff Donald Wallace's deposition after the current cut-off date of April 6, 2012 on a date that is mutually agreeable to all parties to take place on or before April 20, 2012.
(2) To allow Defendant to file a Motion to Compel Plaintiff Donald Wallace's deposition, if necessary, on or before April 28, 2012.
(3) To keep all other deadlines currently set forth in this Court's Scheduling Order the same except for the modification in permitting Defendant to take Plaintiff Donald Wallace's deposition, and a Motion to Compel his deposition, if necessary, after the non-expert discovery cutoff date.
Dated: April 4, 2012 /s/ Erica H. Kelley DENNIS M. BROWN ERICA H. KELLEY LITTLER MENDELSON A Professional Corporation Attorneys for Defendant THE VALSPAR CORPORATION Dated: April 4, 2012 /s/ Martin Jennings MARTIN JENNINGS Attorney for Plaintiffs MOSES ANDERSON, LAUNTE BARNES, MARCUS D. JACKSON, TAARIG PATEL, FREDERICK TOUSSAINT and DONALD WALLACE
This matter having come before the Court upon the written Stipulation of the Parties, a copy of which is attached hereto, it is hereby ordered that the Court's Scheduling Conference Order and Modification thereto, entered into on ...