Opinion
Robert C. Bowman, Jr. (SBN: 232388), Sean Gavin (SBN: 251124), THE LAW OFFICE OF BOWMAN & ASSOCIATES, Sacramento, CA, Attorneys for Plaintiff, KRIS ROBINSON.
Brian S. Inamine (State Bar No. 117893), Philip J. Bonoli (State Bar No. 188906), LECLAIRRYAN, LLP, Los Angeles, CA, Attorneys for Defendant, HD SUPPLY, INC.
STIPULATED PLAN TO COMPLETE OUTSTANDING DISCOVERY (DEPOSITION OF DEFENDANT'S EXPERT WITNESS, DR. ALAN E. BROOKER)
GARLAND E. BURRELL, Jr., Senior District Judge.
WHEREAS the Court's Status (Pretrial Scheduling) Order in this matter (Docket #17) provides that all discovery was to be completed by July 23, 2013; and
WHEREAS on July 23, 2013, the parties submitted a Stipulation and Proposed Order requesting that, inter alia, "discovery shall remain open until August 30, 2013 for the purpose of completing the deposition of Defendant's expert witness, Dr. Alan E. Brooker"; and
WHEREAS on August 13, 2013, Plaintiff sought available dates for Dr. Brooker's deposition from Defendant; and
WHEREAS on August 14, 2013, Defense counsel responded, "I think the most reasonable step is to wait for the District Judge's ruling on the defense appeal of the magistrate judge's denial of the motion to compel mental examination. If the District Judge rejects the appeal, then the defense will revisit Dr. Brooker's use in this case. If the District Judge permits a mental examination, then I would think you would want to depose Dr. Brooker after he completes the examination. If needed, we can stipulate to an additional 30-day extension of the discovery cutoff to allow for Dr. Brooker's deposition, " and
WHEREAS on August 16, 2013, Plaintiff served on Defendant a Notice of Taking Deposition Notice of Dr. Brooker, which is scheduled for August 30, 2013; and
WHEREAS Dr. Brooker's deposition is the only outstanding discovery currently contemplated by either party, and the Parties have agreed on this plan to address the completion of that deposition; and
WHEREAS although this is the Parties' second request in this regard, they wish to avoid wasteful pretrial activities, such as motions to compel discovery, and believe that judicial economy is furthered and the burden on the Parties and the Court are lessened by STIPULATING AS FOLLOWS:
1. Discovery shall remain open until September 30, 2013 for the purpose of completing the deposition of Defendant's expert witness, Dr. Alan E. Brooker.
IT IS SO ORDERED