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___________________________________________________1____________________________________________________

STIPULATION AND [PROPOSED] ORDER EXTENDING THE MOTION TO COMPEL DEADLINE AS TO 

SELECTED DISCOVERY; CASE NO. CV-08-5565-SI 

JAMES MCMANIS (40958) 

NEDA MANSOORIAN (207832) 

SHARON KIRSCH (157157) 

MATTHEW SCHECHTER (212003) 

ELIZABETH PIPKIN ( 

McMANIS FAULKNER 

A Professional Corporation 

50 West San Fernando Street, 10th Floor 

San Jose, California 95113 

Telephone: 408-279-8700 

Facsimile: 408-279-3244 

Attorneys for Plaintiff, 

SARAH KIM 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

SARAH KIM, Individually and as Successor 

in Interest to RICHARD D. BAE, D.D.S., 

Deceased, 

 Plaintiff, 

vs. 

INTERDENT, INC., a Delaware 

corporation, a/k/a INTERDENT SERVICE 

CORPORATION, a Washington 

corporation, a/k/a GENTLE DENTAL, a/k/a 

MOUNTAIN VIEW DENTAL, a/k/a BLUE 

OAK DENTAL GROUP, a/k/a 

DEDICATED DENTAL, a/k/a 

AFFORDABLE DENTAL CARE, a/k/a 

CAPITAL DENTAL, and DOES 1-50, 

inclusive, 

 Defendants. 

Case No. CV-08-5565-SI 

STIPULATION AND [PROPOSED] 

ORDER EXTENDING THE MOTION 

TO COMPEL DEADLINE AS TO 

SELECTED DISCOVERY 

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Case 3:08-cv-05565-SI Document 94 Filed 05/28/10 Page 1 of 4
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________________________________________________________________________________________________________

STIPULATION AND [PROPOSED] ORDER EXTENDING THE MOTION TO COMPEL DEADLINE AS TO 

SELECTED DISCOVERY; CASE NO. CV-08-5565-SI 

ELECTED DISCOVERY; CASE NO. CV-08-5565-SI 

2

 Plaintiff, Sarah Kim, Individually and as Successor in Interest to Richard D. Bae, D.D.S., 

Deceased (“plaintiff”), and defendants, Interdent, Inc., a Delaware corporation, a/k/a Interdent 

Service Corporation, a Washington corporation, a/k/a Gentle Dental, a/k/a Mountain View 

Dental, a/k/a Blue Oak Dental Group, a/k/a Dedicated Dental, a/k/a Affordable Dental Care, and 

a/k/a Capital Dental (collectively, “defendants”), by and through their respective attorneys of 

record, hereby stipulate as follows: 

1. With limited exceptions pursuant to stipulation and order or per a specific Court 

order, fact discovery closed in this case on Wednesday, May 12, 2010. Expert discovery closes 

on June 28, 2010 

2. Local Rule 37-3 states that: “Where the Court has set separate deadlines for fact 

and expert discovery, no motions to compel fact discovery may be filed more than 7 days after 

the fact discovery cut-off[.]” 

3. Here, except for otherwise ordered, the deadline for filing a motion to compel as 

to fact discovery is Wednesday, May 19, 2010. 

4. Plaintiff, on May 14, 2010, sent meet and confer letters to defendant regarding 

responses to form interrogatories, special interrogatories, document requests, and a document 

only subpoena served on Michael S. Tancio, D.M.D., A Dental Corporation. 

5. On May 17, 2010, in response to plaintiff’s meet and confer letters, defendant said 

that it will provide supplemental responses as to the following: form interrogatories number 15.1 

and 16.1, special interrogatories number 11 and 14, document requests number 67 and 68 as well 

as those requests seeking email communications, and the subpoena served on Michael S. Tancio, 

D.M.D., A Dental Corporation. 

6. The parties agree that they would be best served if defendant provided its 

supplemental responses for plaintiff’s review, along with the opportunity for further meet and 

confer on the supplemental responses, before plaintiff was forced to file a motion to compel with 

the Court. 

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________________________________________________________________________________________________________

STIPULATION AND [PROPOSED] ORDER EXTENDING THE MOTION TO COMPEL DEADLINE AS TO 

SELECTED DISCOVERY; CASE NO. CV-08-5565-SI 

ELECTED DISCOVERY; CASE NO. CV-08-5565-SI 

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7. Defendant will produce its supplemental responses on a rolling basis, but no later 

than May 28, 2010. 

 8. As to the responses and supplemental responses to form interrogatories number 

15.1 and 16.1, special interrogatories number 11 and 14, document requests number 67 and 68, 

and the third-party subpoena served on Michael S. Tancio, D.M.D., A Dental Corporation, 

plaintiff will have one (1) week from the date of service of each supplemental response to engage 

in further meet and confer with defendant and, if necessary, file a motion to compel with the 

Court.

 9. As to the document requests regarding any and all electronic mail, the deadline to 

bring a motion to compel as to that particular discovery issue is continued to June 14, 2010. 

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Case 3:08-cv-05565-SI Document 94 Filed 05/28/10 Page 3 of 4
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________________________________________________________________________________________________________

STIPULATION AND [PROPOSED] ORDER EXTENDING THE MOTION TO COMPEL DEADLINE AS TO 

SELECTED DISCOVERY; CASE NO. CV-08-5565-SI 

ELECTED DISCOVERY; CASE NO. CV-08-5565-SI 

4

 10. On or about April 20, 2010, a third-party subpoena, seeking documents, was 

served on the Robert P. Nakaki Dental Corporation (“Nakaki Dental”) by Quest Discovery 

Services (“Quest”). Quest is still working with Nakaki Dental on obtaining any documents that 

are responsive to the subpoena. The parties hereby agree that plaintiff has until June 4, 2010 to 

file any motion to compel as to the subpoena. 

IT IS SO STIPULATED. 

Dated: May 19, 2010 McMANIS FAULKNER 

 //s//___ _

 MATTHEW SCHECHTER 

 Attorneys for Plaintiff, 

 SARAH KIM 

Dated: May 19, 2010 LEWIS BRISBOIS BISGAARD & SMITH LLP 

 //s// __ _

 CHARLES O. THOMPSON 

 ALICE CONWAY POWERS 

 Attorneys for Defendants, 

 INTERDENT, INC., a Delaware corporation, a/k/a

 INTERDENT SERVICE CORPORATION, a 

 Washington corporation, a/ka GENTLE DENTAL, 

 a/k/a MOUNTAIN VIEW DENTAL, a/k/a BLUE 

 OAK DENTAL GROUP, a/k/a DEDICATED 

 DENTAL, a/k/a AFFORDABLE DENTAL CARE, 

 a/k/a CAPITAL DENTAL 

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED. 

Dated: ___________________ ______________________________________ 

 HONORABLE SUSAN ILLSTON 

 UNITED STATES DISTRICT JUDGE 

 NORTHERN DISTRICT OF CALIFORNIA 

Case 3:08-cv-05565-SI Document 94 Filed 05/28/10 Page 4 of 4