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___________ 1

STIPULATION AND PROPOSED ORDER FOR NAMING KENNETH DAER, Case No. CV-08-4571 MMC 

MORIS DAVIDOVITZ, ESQ. (State Bar #70581)

Mdavidovitz@dblawsf.com

CHARLES H. BOLCOM, ESQ. (State Bar #193762)

Cbolcom@dblawsf.com

STACEY ALTON, ESQ. (State Bar #221515)

Salton@dblawsf.com

DAVIDOVITZ & BENNETT LLP

One Embarcadero Center, Suite 750

San Francisco, California 94111

Telephone: (415) 956-4800

Facsimile: (415) 788-5948

Attorneys for Defendant, Counter Claimant and 

Third Party Plaintiff CITY OF EUREKA

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

KFD ENTERPRISES, INC., a California

Corporation dba Norman’s Dry Cleaner,

Plaintiff,

v.

CITY OF EUREKA,

Defendant.

_____________________________________

And related counter and cross claims.

_____________________________________

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CASE NO. CV-08-4571 MMC

STIPULATION AND PROPOSED

ORDER FOR KFD’S PRODUCTION OF

DOCUMENTS, DEPOSITION OF

KENNETH DAER AND FILING

AMENDED THIRD-PARTY

COMPLAINT NAMING KENNETH

DAER BY DEFENDANT CITY OF

EUREKA

Defendant, Third-Party Plaintiff City of Eureka and Plaintiff KFD Enterprises Inc.

(“KFD”) stipulate as follows:

Whereas the Court has set a deadline of April 30, 2010 for the City of Eureka to name

additional parties in its Third-Party Complaint;

Whereas Kenneth Daer is already a party to the litigation and is named by the City’s

third-party complaint under the City’s CERCLA cause of action and the City seeks evidence to

name him as a defendant under other causes of action;

Whereas, naming Mr. Daer for these additional causes of action after April 30, 2010

will not cause any delay in the litigation;

Case 3:08-cv-04571-SC Document 224 Filed 04/19/10 Page 1 of 4
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___________ 2

STIPULATION AND PROPOSED ORDER FOR NAMING KENNETH DAER, Case No. CV-08-4571 MMC 

Whereas the City of Eureka propounded requests for production of documents to KFD

on February 12, 2010, and KFD served objections to the requests on March 17, 2010 and did not

produce any documents;

Whereas the parties are continuing to meet and confer on the City of Eureka’s requests

but have not resolved their dispute on the requests;

Whereas the City of Eureka had requested that Mr. Daer to appear for deposition the

week of April 19, 2010, but KFD’s counsel states that he is unavailable for the entire month of

April 2010 because he is participating in depositions in another case;

Whereas the City of Eureka requires the production of KFD’s documents and the

deposition of Mr. Daer for the purpose of obtaining facts to support allegations naming Mr. 

Daer under the City of Eureka’s fourth through eleventh causes of action in the City of Eureka’s

Third-Party Complaint; 

Whereas the parties have continued to meet in good faith to resolve the City of Eureka’s

requests, determining the scope of Mr. Daer’s deposition and setting a specific date for Mr.

Daer’s deposition;

Whereas the parties do not want to burden the Court with a motion to compel KFD to

produce documents and to produce Mr. Daer for deposition and a motion to extend the deadline

for the City of Eureka to name Mr. Daer;

Whereas the City of Eureka and KFD need additional time to seek to resolve these

disputes without the Court’s intervention;

Therefore, the City of Eureka and KFD stipulate to each of the following:

(1) The City of Eureka shall have until August 31, 2010 to name Kenneth Daer in his

individual capacity for certain causes of action in the City of Eureka’s Third-Party Complaint or

subsequently amended Third-Party Complaint;

(2) Mr. Daer will be produced for deposition to the City during a time period 7 days

after KFD’s final production of documents to the City of Eureka’s second set of document

requests and 7 days before the August 31, 2010 deadline to bring additional claims naming Mr.

Daer before the August 31, 2010 deadline to name Mr. Daer;

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___________ 3

STIPULATION AND PROPOSED ORDER FOR NAMING KENNETH DAER, Case No. CV-08-4571 MMC 

(3) If the City of Eureka and KFD cannot agree on a date for Mr. Daer’s deposition to

be taken during the aforementioned time period, the City of Eureka may file a motion to set a

specific date for deposition and to extend the August 31, 2010 deadline if necessary to complete

the deposition, without the need of any further meet and confer in light of the parties previous

meet and confer efforts;

(4) The City of Eureka will have in its possession KFD’s written responses and KFD’s

responsive documents to the City of Eureka’s second set of production of documents no later

than May 21, 2010; KFD shall produce all documents and responses in accordance with the

Federal Rules of Civil Procedure and related case law;

(5) If the City of Eureka believes that KFD’s responses to the City of Eureka’s requests

are incomplete or KFD’s production of documents is incomplete, the City of Eureka may file a

motion to compel without the need for further meet and confer since the City of Eureka and KFD

have already met and conferred extensively on these requests.

DATED: April 14, 2010 DAVIDOVITZ & BENNETT LLP 

By:

________/s/_______________________

MORIS DAVIDOVITZ

CHARLES BOLCOM

Attorneys for DEFENDANT AND

THIRD-PARTY PLAINTIFF CITY OF

EUREKA

(The filer hereby attests that concurrence in the filing of this

 document has been obtained from the signatory below.)

DATED: April 14, 2010 GREBEN & ASSOCIATES

By:

_______/s/________________________

JAN GREBEN

Attorneys for PLAINTIFF KFD

ENTERPRISES INC. 

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STIPULATION AND PROPOSED ORDER FOR NAMING KENNETH DAER, Case No. CV-08-4571 MMC 

PURSUANT TO STIPULATION, IT IS SO ORDERED.

DATED: April __, 2010 __________________________________

MAXINE M. CHESNEY

UNITED STATES DISTRICT JUDGE

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