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STIP AND [PROPOSED] ORDER EXTENDING CERTAIN FACT DISCOVERY DEADLINES

C08-5651 TEH

JOSEPH P. RUSSONIELLO (CSBN 44332)

United States Attorney

JOANN M. SWANSON (CSBN 88143)

Chief, Civil Division

MICHAEL T. PYLE (CSBN 172954 )

Assistant United States Attorney

U.S. Attorney’s Office/Civil Division

450 Golden Gate Avenue, 9 Floor th

San Francisco, California 94102-3495

Telephone: (415) 436-7322

Facsimile: (415) 436-6748

E-mail: michael.t.pyle@usdoj.gov

Attorneys for Federal Defendants

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

SASKIA RUSSELL ET AL.,

Plaintiffs,

v.

UNITED STATES OF AMERICA,

Defendant.

 

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No. 08-5651 TEH

STIPULATION AND [PROPOSED]

ORDER EXTENDING CERTAIN FACT

DISCOVERY DEADLINES

IT IS HEREBY STIPULATED by and between the undersigned, subject to the Court’s

approval, that the deadline for Plaintiff to respond to certain written discovery is continued and

that the fact discovery deadline of February 1, 2009 is continued such that Defendant may

subpoena records from and take depositions of Plaintiffs’ current and former health care

providers until March 19, 2009. The reason for this stipulation is that Plaintiff has requested an

extension of time to respond to written discovery served by Defendant on November 18, 2009

and Defendant is willing to extend the deadline for responses to that written discovery to January

8, 2009 if Defendant can have sufficient time after receiving the discovery responses to subpoena

records from, and take depositions of, Plaintiffs’ current and former health care providers. This

stipulation will also give the parties time to resolve any disputes that arise with respect to

Case 3:08-cv-05651-TEH Document 34 Filed 01/04/10 Page 1 of 2
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STIP AND [PROPOSED] ORDER EXTENDING CERTAIN FACT DISCOVERY DEADLINES

C08-5651 TEH 2

Defendant’s request for releases from Plaintiffs regarding their medical records. The additional

time in this stipulation is also requested because Plaintiffs’ counsel will be unavailable until

January 4, 2010 and Defendant’s counsel will be unavailable between February 8-20, 2010.

Dated: December 24, 2009 Respectfully submitted,

JOSEPH P. RUSSONIELLO

United States Attorney

By: /s/ 

Michael T. Pyle

Assistant U.S. Attorney

Attorneys for Federal Defendants

Dated: December 24, 2009 BRAYTON PURCELL, LLP

By: /s/ 

Clayton W. Kent

Attorneys for Plaintiffs

PURSUANT TO STIPULATION, IT IS SO ORDERED

Plaintiff shall respond to Defendant’s outstanding written discovery and produce responsive

documents on or before January 8, 2010. The fact discovery deadline of February 1, 2009 is

continued such that Defendant may subpoena records from, and take depositions of, Plaintiffs’

current and former health care providers on or before March 19, 2009.

DATED: _________________________________

HON. THELTON E. HENDERSON

United States District Judge

2010 2010 No other deadlines, including the trial date of May 18, 2010, shall be changed as a result of this order.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORN

I

A

Judge Thelton E. Henderson

01/04/10

Case 3:08-cv-05651-TEH Document 34 Filed 01/04/10 Page 2 of 2