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Ted Faulkner v. Costco Wholesale Corporation

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION


December 13, 2012

TED FAULKNER, PLAINTIFF,
v.
COSTCO WHOLESALE CORPORATION; SIEMENS CORPORATION, AND DOES 1 THROUGH 100, INCLUSIVE,
DEFENDANTS.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

AMENDED STIPULATION TO EXTEND EXPERT AND FACT DISCOVERY DEADLINES; DECLARATION OF JESSICA S. DIOTALEVI; ORDER THEREON

Whereas, the Court issued a Scheduling Conference Order on September 17, 2012, setting a 20 trial date and expert and fact discovery deadlines. (Declaration of Jessica S. Diotalevi ("Diotalevi 21 Decl.") at ¶ 4. 22 Whereas, the pretrial conference is set for September 4, 2013 and trial is set for October 29, 2013 (Diotalevi Decl. at ¶ 4).

Whereas, there is good cause for continuing the expert and fact discovery deadlines set forth

25 in the Scheduling Conference Order (Diotalevi Decl. at ¶ 5). The parties have worked diligently to 26 conduct discovery in this matter but have not yet completed sufficient discovery in this matter to 27 obtain experts. Id. The parties have propounded and responded to initial written discovery and have deposed the employee who conducted the hearing test on plaintiff. Id. Plaintiff's deposition was 2 initially set for November 5, 2012. Id. Due to scheduling conflicts, the parties continued Plaintiff's 3 deposition to January 23, 2012. Id. Once the parties depose Plaintiff, they will conduct further fact 4 discovery including additional witnesses from Defendants Siemens and Costco and retain experts. Id. 5

True and correct copies of the two notices of Plaintiff' deposition are attached hereto as group 6

Exhibit "A". 7

Whereas, the parties request only to extend the expert and fact discovery deadlines but leave

8 the pretrial motion filing and motion deadlines in place (Diotalevi Decl. at ¶ 6). 9

Whereas, there have been no prior requests for extending any deadlines in this matter (Diotalevi Decl. at ¶ 6). 11

Therefore, Plaintiff TED FAULKNER, Defendant SIEMENS CORPORATION, and Defendant COSTCO WHOLESALE CORPORATION have stipulated and agree to continue the 13 following dates: 14

1. The Initial Expert Disclosure is continued from December 12, 2012 to February 12, 2013.

2. The Supplemental Expert Disclosure is continued from January 9, 2013 to March 9, 2013.

3. The Non-expert Discovery Cutoff is continued to from February 15, 2013 to March 15, 2013.

4. The Expert Discovery Cutoff is continued from March 11, 2013 to April 10, 2013.

5. The Pretrial Motion Filing Deadline remains June 12, 2013.

6. The Pretrial Hearing Deadline remains July 21, 2013.

IT IS SO STIPULATED.

DATED: December 12, 2012 LAW OFFICES OF STEVEN A. FABBRO 24 25 26 By: _____ /s/ Steven A. Fabbro Steven A. Fabbro Attorney for Plaintiff TED FAULKNER DATED: December 12, 2012 LITTLETON JOYCE UGHETTA PARK & KELLY LLP By: /s/ Jessica Diotalevi _____________ Kenneth A. Peterson 5 Jessica S. Diotalevi Attorneys for Defendant SIEMENS 6 CORPORATION 7 DATED: December 12, 2012 JACOBSEN & MCELROY PC 8 9 10 By: /s/ Brian Dolin (as authorized on December 12, 2012) Brian P. Dolin Attorney for Defendant COSTCO 12 WHOLESALE CORPORATION

Declaration of Jessica S. Diotalevi

1. I, Jessica S. Diotalevi, declare, subject to penalties for perjury under the laws of the State of California, as follows: 4

2. I am an attorney at law duly licensed to practice before all the courts in the State of 5 California. 6

3. I am an associate with Littleton Joyce Ughetta Park & Kelly, the attorneys of 7 records for Defendant SIEMENS CORPORATION ("SIEMENS") and as such I have personal 8 knowledge of this action. 9

4. The Court issued a Scheduling Conference Order on September 17, 2012, setting a 10 trial date and expert and fact discovery deadlines. The pretrial conference is set for September 4, 11 2013 and trial is set for October 29, 2013. 12

5. There is good cause to continue the expert and fact discovery deadlines set forth in 13 the Scheduling Conference Order. The parties have worked diligently to conduct discovery in this 14 matter but have not yet completed sufficient discovery in this matter to retain experts. The parties 15 have propounded and responded to initial written discovery and have deposed the employee who 16 conducted the hearing test on Plaintiff. Plaintiff's deposition was initially set for November 5, 2012. 17 Due to scheduling conflicts, the parties continued Plaintiff's deposition to January 23, 2012. Once 18 the parties depose Plaintiff, they will conduct further fact discovery and retain experts. True and 19 correct copies of the two notices for Plaintiff's deposition are attached hereto as group Exhibit "A". 20

6. The parties request only to extend the expert and fact discovery deadlines but leave 21 the pretrial motion filing and motion deadlines in place. There have been no prior requests for 22 extending any deadlines in this matter.

Executed on December 12, 2012 at Los Angeles, California 25 26 By: ____/s/ Jessica Diotalevi___________________ 27 Jessica S. Diotalevi

ORDER

2

The foregoing Stipulation to Extend Expert and Fact Discovery Deadlines having been

3 received and good cause appearing therefore, the Court issues the following orders: 4

1. The Initial Expert Disclosure is continued from December 12, 2012 to February 12, 2013.

2. The Supplemental Expert Disclosure is continued from January 9, 2013 to March 9, 2013.

3. The Non-expert Discovery Cutoff is continued to from February 15, 2013 to March 15, 2013.

4. The Expert Discovery Cutoff is continued from March 11, 2013 to April 10, 2013.

5. The Pretrial Motion Filing Deadline remains June 12, 2013.

6. The Pretrial Hearing Deadline remains July 21, 2013.

7. The Pretrial Conference and Jury Trial dates remain unchanged.

IT IS SO ORDERED. 20

20121213

© 1992-2012 VersusLaw Inc.



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