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___________________________________________________1____________________________________________________

STIPULATION AND [PROPOSED] ORDER TO PERMIT LIMITED DISCOVERY BEYOND THE FACT 

DISCOVERY CUT-OFF DATE; CASE NO. CV-08-5565-SI 

JAMES MCMANIS (40958) 

NEDA MANSOORIAN (207832) 

SHARON KIRSCH (157157) 

MATTHEW SCHECHTER (212003) 

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 TO PERMIT LIMITED 

DISCOVERY BEYOND THE FACT 

DISCOVERY CUT-OFF DATE 

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 

Case 3:08-cv-05565-SI Document 70 Filed 05/07/10 Page 1 of 4
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________________________________________________________________________________________________________

STIPULATION AND [PROPOSED] ORDER TO PERMIT LIMITED DISCOVERY BEYOND THE FACT 

DISCOVERY CUT-OFF DATE; CASE NO. CV-08-5565-SI 

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record, hereby jointly request that this Court issue an order, as set forth below, permitting limited 

discovery to take place beyond the current fact discovery cut-off date and to allow motions to 

compel as to this discovery to be filed beyond the current deadline for such motions. 

1. Fact discovery closes on Wednesday, May 12, 2010. 

2. The parties are in the process of taking depositions, but will be unable to start or 

complete certain depositions on or before the close of fact discovery. 

3. The parties agree that the third-party depositions of Jay Talkoff and Karen 

Weinberger can be scheduled on a date or dates after May 12, 2010, but must be taken and 

completed on or before Friday, May 28, 2010. 

4. The parties agree that the continued depositions of Interdent’s person most 

knowledgeable (as to electronically stored information as set forth in plaintiff’s “subject matter 

of testimony,” attached as Exhibit A to plaintiff’s Second Amended Notice of Deposition of 

Person Most Knowledgeable, dated March 19, 2010) and Mary Nakaki may be continued on 

dates after May 12, 2010, but must be taken and completed on or before Friday, May 28, 2010. 

5. Plaintiff, on May 3, 2010, filed a motion to compel with respect to Interdent’s 

response to Form Interrogatory No. 4.1, and sought the following relief: for Interdent to provide 

a full and complete response to Form Interrogatory No. 4.1, require Interdent to produce a person 

most knowledgeable (“PMK”) to be deposed as to the coverage dispute, and grant plaintiff leave 

to propound special interrogatories and document requests as to the coverage dispute and the 

Travelers’ insurance policy. 

6. Interdent has provided plaintiff with a supplemental response to Form 

Interrogatory No. 4.1. Interdent has also agreed, in writing, that it will produce a PMK to be 

deposed as to the coverage dispute, as well as allow plaintiff to propound special interrogatories 

and document requests on Interdent with respect to the Travelers’ insurance policy and 

Interdent’s coverage dispute with Travelers. 

7. The deposition of Interdent’s PMK as to the coverage dispute can be scheduled on 

a date or dates after May 12, 2010, but must be taken and completed on or before Friday, May 

28, 2010. 

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STIPULATION AND [PROPOSED] ORDER TO PERMIT LIMITED DISCOVERY BEYOND THE FACT 

DISCOVERY CUT-OFF DATE; CASE NO. CV-08-5565-SI 

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8. Plaintiff will propound her special interrogatories and document requests on 

Interdent with respect to the Travelers’ insurance policy and Interdent’s coverage dispute with 

Travelers on or before Friday, May 14, 2010. 

9. Interdent will serve its responses to plaintiff’s special interrogatories and 

document requests regarding Interdent’s insurance policy with Travelers, and its coverage 

dispute with Travelers, on or before Friday, May 28, 2010. 

10. As to the discovery matters set forth in this stipulation – the depositions of Jay 

Talkoff, Karen Weinberger, and Interdent’s PMK (as to the coverage dispute); the continued 

depositions of Mary Nakaki and Interdent’s PMK (as to electronically stored information); and 

plaintiff’s special interrogatories and document requests on Interdent with respect to its 

Travelers’ insurance policy and Interdent’s coverage dispute with Travelers – the deadline to 

bring a motion to compel as to these matters will be June 14, 2010. 

11. Unless the parties enter into another stipulation, this stipulation applies only to the 

depositions and discovery requests identified in paragraphs 3, 4, 7, 8, and 9, above, and does not 

affect any other currently scheduled deposition or discovery deadline. 

If the Court enters an Order granting this Stipulation as set forth above, it will moot the 

motion to compel, filed by Interdent on May 3, 2010, regarding the deposition and records of Jay 

Talkoff (Document #66), as well as the motion to compel, filed by plaintiff on May 3, 2010, 

regarding Form Interrogatory No. 4.1 (Document #68). 

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STIPULATION AND [PROPOSED] ORDER TO PERMIT LIMITED DISCOVERY BEYOND THE FACT 

DISCOVERY CUT-OFF DATE; CASE NO. CV-08-5565-SI 

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Good cause exits for the Court to enter an order granting the parties’ joint requests. 

IT IS SO STIPULATED. 

Dated: May 7, 2010 McMANIS FAULKNER 

 //s// _

 MATTHEW SCHECHTER 

 Attorneys for Plaintiff, 

 SARAH KIM 

Dated: May 7, 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 70 Filed 05/07/10 Page 4 of 4