1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

CBM-IPG\SF468983.2

STIPULATION AND [PROPOSED] ORDER TO MODIFY DEADLINES (NO. C 08-1344 SI)

Alan P. Jacobus, No. 206954

Vance A. Woodward, No. 231730

CARROLL, BURDICK & McDONOUGH LLP

Attorneys at Law

44 Montgomery Street, Suite 400

San Francisco, CA 94104

Telephone: 415.989.5900

Facsimile: 415.989.0932

Email: ajacobus@cbmlaw.com

vwoodward@cbmlaw.com

Attorneys for Plaintiff

HAROLD BLACK

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

HAROLD BLACK,

Plaintiff,

v.

JOHN E. POTTER, Postmaster

General,

Defendant.

No. C 08-1344 SI

STIPULATION AND [PROPOSED] ORDER TO

MODIFY DEADLINES

Plaintiff and Defendant, by and through their undersigned attorneys, hereby

enter into the following stipulation and request its approval by the Court.

WHEREAS the fact discovery cut-off has been set as February 27, 2010, and

WHEREAS the current deadline to move for summary judgment is March 19,

2010, with opposition papers due April 2, 2010, and reply papers due April 9, 2010, and

hearing set for April 23, 2010 at 9:00 a.m., and

WHEREAS the parties believe they have in good faith and with good progress

proceeded with the exchange of written discovery and the taking of depositions, and

WHEREAS the parties submitted a stipulation and proposed order to modify

discovery and motion deadlines on February 26, 2010 (Docket 57), one day before the

discovery cut off and before the completion of a deposition being taken that same day, and

Case 3:08-cv-01344-RS Document 59 Filed 03/10/10 Page 1 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

CBM-IPG\SF468983.2 -2-

STIPULATION AND [PROPOSED] ORDER TO MODIFY DEADLINES (NO. C 08-1344 SI)

WHEREAS partly based on evidence developed during the deposition taken on

February 26, 2010, the parties now seek to take three more depositions, and

WHEREAS the defendant has requested a further short extension of time (to

March 10, 2010) to respond to written questions in lieu or a rule 30(b)(6) deposition on

certain topics beyond what was requested in the parties’ stipulation of February 26, 2010,

ACCORDINGLY, the parties agree and request the Court to modify the case

management schedule as follows so as to afford them sufficient time to take three

additional depositions and prepare summary judgment motions:

 Non-Expert Discovery Cutoff: Move from 2/27/10 to 4/30/10.

 Deadline to Bring Fact-Discovery Motions: 5/14/10.

 Deadline to File MSJs: Move from 3/19/10 to 5/28/10.

 Deadline to File Oppositions to MSJs: From 4/2/10 to 6/11/10.

 Deadline to File Replies in Support of MSJs: From 4/9/10 to 6/18/10.

 Hearing on MSJs: Move from 4/23/10 to 7/16/10, at 9:00 am.

 Designation of Experts: Move from 5/7/10 to 8/6/10.

 Designation of Rebuttal Experts: Move from 5/28/10 to 8/27/10.

 Expert Discovery Cutoff: Move from 6/18/10 to 9/17/10.

 Pre-Trial Conference Date: Move from 8/10/10 to 11/9/10, at 3:30 pm.

 Jury Trial Date: Move from 8/23/10 to 11/22/10, at 8:30 am.

/ / /

/ / /

/ / /

/ / /

/ / /

/ / /

Case 3:08-cv-01344-RS Document 59 Filed 03/10/10 Page 2 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

CBM-IPG\SF468983.2 -3-

STIPULATION AND [PROPOSED] ORDER TO MODIFY DEADLINES (NO. C 08-1344 SI)

Furthermore, the parties have mutually agreed upon any of the following three

Magistrate Judges to preside over a settlement conference: Edward M. Chen, Maria-Elena

James, and Elizabeth D. Laporte. To the extent schedules and the convenience of the

Court permit, the parties would request the case be referred to one of the three foregoing

Magistrate Judges for the settlement conference, to be held sometime between 7/16/10

and 8/6/10.

Dated: March 8, 2010 CARROLL, BURDICK & McDONOUGH LLP

By /s/

Vance A. Woodward

Alan P. Jacobus

Attorneys for Plaintiff

HAROLD BLACK

Dated: March 8, 2010 U.S. ATTORNEY

By /s/

Michael T. Pyle

Joseph P. Russoniello

Attorneys for Defendant

JOHN E. POTTER, POSTMASTER GENERAL

PURSUANT TO STIPULATION,

IT IS SO ORDERED.

DATED:

Judge Susan Illston

United States District Judge

Case 3:08-cv-01344-RS Document 59 Filed 03/10/10 Page 3 of 3