The opinion of the court was delivered by: The Honorable Edward M. Chen
STIPULATION AND [PROPOSED] ORDER PERMITTING PLAINTIFFS TO COMPLETE THE DEPOSITION OF RICHARD PRINS AND CONTINUING THE DEADLINE FOR THE REPORT OF PLAINTIFFS' EXPERT WENDELL HULL AND ANY REBUTTAL THERETO
It is hereby stipulated by and between the parties, Plaintiffs, Anthony Bookhamer, by and 2 through his Guardian ad Litem, Lena J. Tryon; Lena J. Tryon, as Personal Representative of the 3 Estate of Victoria DiSilvestro; Charles Thomas Martin, Jr.; and Carl DiSilvestro; and Defendant 4 Sunbeam Products, Inc. that the last day for Plaintiffs to produce the written report of expert 5 Wendell Hull, Ph.D., be extended to October 26, 2012, so that Plaintiffs can conclude the 6 deposition of Sunbeam's Person Most Knowledge and Senior Product Safety Engineer, Richard 7 Prins, on October 23, 2012. 8
The basis of this stipulation is that Sunbeam was not able to produce Mr. Prins for the 9 conclusion of his deposition before the discovery cut-off date of August 24, due to Mr. Prins' 10 schedule and family health issues. Sunbeam had agreed to produce Mr. Prins for deposition on 11 September 25, 2012. Due to a health issue with his family, Mr. Prins had to reschedule. Sunbeam 12 first advised Plaintiffs of the need to reschedule on September 19, 2012. The earliest Sunbeam can 13 produce Mr. Prins is now October 23, 2012. 14 Expert disclosures were to occur on September 14, 2012. Because Sunbeam was 15 producing Mr. Prins after September 14, the parties agreed that they would disclose experts on 16 September 28, 2012 (three days after Prins' deposition). This was so that Plaintiffs' engineering 17 expert could review the deposition before producing his expert report. On September 28, the 18 parties disclosed experts. Per the parties' agreement of September 27, 2012, Plaintiffs named Dr. 19 Hull, but did not produce his report. Because Sunbeam was not able to produce Mr. Prins before 20 Plaintiffs had to disclose expert witnesses, the parties agreed on September 27 that Plaintiffs could 21 have additional time for Dr. Hull to produce his written report and that Sunbeam would have 22 additional time to file a rebuttal to Dr. Hull's report. 23
The parties, therefore, hereby stipulate and respectfully request that Plaintiffs be permitted 24 to conclude the deposition of Mr. Prins on October 23, 2012, that the last day for Plaintiffs to 25 produce the written report of Dr. Hull be extended to October 26, 2012, and that Sunbeam have 26 until November 16, 2012 to file any rebuttal report to Dr. Hull's report. 27
DATED: October 4, 2012 MARY ALEXANDER & ASSOCIATES, P.C. 3 4 By: /s/ Mary E. Alexander Mary E. Alexander, Esq. 2 Jennifer L. Fiore, Esq. Attorneys for Plaintiffs 5 6 7 DATED: October 4, 2012 CARROLL, BURDICK & MCDONOUGH, LLP 8 By: /s/ S. Mark Varney 9 S. Mark Varney, Esq. 10 Garrett Sanderson, III, Esq. Attorneys for Defendant
PURSUANT TO STIPULATION, IT IS SO ORDERED.
The last date for Plaintiffs to conclude the deposition of Mr. Prins is October 23, 2012.
The last day for Plaintiffs to produce the expert report of Dr. Hull is October 26, 2012. Sunbeam 15 will have until November 16, 2012 to file any rebuttal report to Dr. Hull's report. 16
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