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STIPULATION AND [PROPOSED] ORDER RE DISCOVERY AND SUMMARY JUDGMENT

Black v. Potter, No. C 08-1344 SI Page 1

JOSEPH P. RUSSONIELLO (SBN 44332)

United States Attorney

JOANN M. SWANSON (SBN 88143)

Chief, Civil Division

MICHAEL T. PYLE (SBN 172954)

Assistant United States Attorney

450 Golden Gate Avenue, Box 36055

San Francisco, CA 94102-3495

Telephone: 415 436-7322

Fax: 415 436-6748

Email: michael.t.pyle@usdoj.gov

Attorneys for Defendant

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

HAROLD BLACK,

Plaintiff,

v.

JOHN E. POTTER, Postmaster General,

Defendant.

Docket No. No. C 08-1344 SI

E-FILING CASE

STIPULATION AND [PROPOSED]

ORDER RE DISCOVERY AND

SUMMARY JUDGMENT MOTION

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

the following stipulation and request its approval by the Court.

WHEREAS the deposition of third party Bob Williamson did not take place until

February 26, 2010 and will take approximately 10 days for a transcript to be prepared.

WHEREAS Plaintiff took a 30(b)(6) deposition of defendant and the parties thereafter

agreed that certain questions would be answered in writing by defendant rather than in

deposition and that defendant will not be able to complete the written response until March 5,

2010.

WHEREAS the fact discovery cut off is February 27, 2010 and the deadline for

defendant to move for summary judgment is March 5, 2010. 

Case 3:08-cv-01344-RS Document 57 Filed 03/02/10 Page 1 of 2
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STIPULATION AND [PROPOSED] ORDER RE DISCOVERY AND SUMMARY JUDGMENT

Black v. Potter, No. C 08-1344 SI Page 2

ACCORDINGLY, the parties agree that defendant should have until March 5, 2010 to

respond to the written questions noted above, that any motion to compel further discovery

responses should be 10 days from receipt of the discovery at issue, and that the schedule for

summary judgment briefing and hearing should be continued by approximately two weeks.

Respectfully submitted,

DATED: February 26, 2010 ______/s/__________________

VANCE WOODWARD

Carroll, Burdick & McDonough LLP

Attorneys for Plaintiff

JOSEPH P. RUSSONIELLO

United States Attorney

DATED: February 26, 2010

 _______/s/___________________

 MICHAEL T. PYLE

 Assistant U.S. Attorney

 Attorneys for Defendant

PURSUANT TO STIPULATION, IT IS SO ORDERED:

1. Defendant shall have until March 5, 2010 to respond to the written questions posed by

Plaintiff in lieu of being asked at a 30(b)(6) deposition;

2. Any motion to compel further discovery responses shall be 10 days from receipt of the

discovery at issue; and

3. The summary judgment schedule is modified so that Defendant’s motion is due to be filed

on or before March 19, 2010, Plaintiff’s opposition papers are due on or before April 2, 2010,

Defendant’s reply papers are due April 9, 2010 and the hearing will be held on April 23, 2010

at 9 a.m. (instead of April 9, 2010 at 9 a.m.).

DATED:_______________ ______________________________

The Honorable Susan Illston

United States District Court Judge

Case 3:08-cv-01344-RS Document 57 Filed 03/02/10 Page 2 of 2