STIPULATED ORDER FOR A LIMITED EXTENSION OF THE DISCOVERY CUTOFF DATE

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TAXMAN 

WAKEFORD 

NORTHERN 

CALIFORNIA 

LITIGATION 

ASSOCIATES

300 Montgomery Street, Suite 660 

San Francisco, California 94104

Steven B. Taxman (SBN 183394) 

Wesley Wakeford (SBN 224801) 

John H. Scarpino (SBN 151377) 

TAXMAN WAKEFORD 

300 Montgomery Street, Suite 660 

San Francisco, California 94104 

Telephone: (415) 578-3510 

Facsimile: (415) 294-2890 

Attorneys for Plaintiff 

TROY ALAN ELLER 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

TROY ALAN ELLER, 

 Plaintiff, 

v. 

CITY OF SANTA ROSA, a chartered 

city; SANTA ROSA POLICE DEPT., a 

police agency; KYLE PHILP, an 

individual and officer of the SANTA 

ROSA POLICE DEPT.; TOMMY 

ISACHSEN, an individual and officer of 

the SANTA ROSA POLICE DEPT.; 

SANTA ROSA MEMORIAL 

HOSPITAL, a California corporation; 

MARK DRAFTON, an individual; and 

DOES 1 through 25, inclusive, 

 Defendants. 

Case No.: C 09-01094 TEH 

 

 STIPULATION AND ORDER FOR A 

 LIMITED EXTENSION OF THE 

 DISCOVERY CUTOFF DATE 

 Pursuant to Federal Rule of Civil Procedure 29 and Civil Local Rule 6-1(b), Plaintiff Troy 

Alan Eller and Defendants City of Santa Rosa, Santa Rosa Police Department, Kyle Philp, 

Tommy Isachsen each stipulate and request an extension of the Discovery Cutoff date for the 

limited purpose of permitting the parties to schedule one deposition beyond the March 29, 2010 

Case 3:09-cv-01094-TEH Document 40 Filed 04/05/10 Page 1 of 3
STIPULATED ORDER FOR A LIMITED EXTENSION OF THE DISCOVERY CUTOFF DATE

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TAXMAN 

WAKEFORD 

NORTHERN 

CALIFORNIA 

LITIGATION 

ASSOCIATES

300 Montgomery Street, Suite 660 

San Francisco, California 94104

discovery cutoff date. Specifically, the parties request an Order setting April 15, 2010 as the date 

on which the parties must complete the deposition of Lieutenant Nolan, the person designated by 

the Defendant Santa Rosa Police Department to testify on its behalf. All other non-expert 

discovery will be completed by today, March 29, 2010, as specified in the Order for Pretrial 

Preparation. 

 Good cause exists to permit the parties to schedule this deposition beyond the March 29, 

2010 discovery cutoff date, as follows: 

Lieutenant Nolan is Currently Out of the County and Unavailable for Deposition 

 Until After the Close of Discovery on March 29, 2010: 

 Plaintiff timely noticed the deposition of Defendant Santa Rosa Police Department for 

March 26, 2010. The Santa Rosa Police Department, (“SRPD”), subsequently determined that 

Lieutenant Nolan is the person most knowledgeable to testify on its behalf on the topics 

identified in the deposition notice. Lieutenant Nolan, however, could not be deposed on March 

26, 2010 because he was out of the county on a previously scheduled vacation. Officer Nolan is 

not scheduled to return from vacation until April 9, 2010. (Wesley Decl. ¶ 3.) As a result, 

Officer Nolan is not available for deposition until after the March 29. 2010 discovery cutoff date. 

 Defendant SRPD timely notified Plaintiff of these facts. In response, Plaintiff and the 

SRPD conferred, and mutually agreed to seek a stipulated order permitting the parties to schedule 

Lieutenant Nolan’s deposition on a date after the discovery cutoff date, but no later than April 15, 

2010. (Wesley Decl. ¶ 4.) 

 Good cause exists for permitting a limited extension of the discovery cutoff date for the 

sole purpose of allowing the parties to schedule Lieutenant Nolan’s deposition after March 29, 

2010, By allowing the parties to schedule Lieutenant Nolan’s deposition as requested, the parties 

are assured that the person most knowledgeable will in fact be the person designated to testify on 

behalf of the SRPD. This will also avoid the costly necessity of designating another individual to 

testify on behalf of the SRPD, who will need time to become educated and knowledgeable on 

these topics – a situation all parties wish to avoid. Consequently, the parties agree and stipulate 

to request an Order permitting the parties to schedule Lieutenant Nolan’s deposition on a date 

after the discovery cutoff date, but before April 15, 2010. (Wesley Decl. ¶ 5.) 

Case 3:09-cv-01094-TEH Document 40 Filed 04/05/10 Page 2 of 3
STIPULATED ORDER FOR A LIMITED EXTENSION OF THE DISCOVERY CUTOFF DATE

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TAXMAN 

WAKEFORD 

NORTHERN 

CALIFORNIA 

LITIGATION 

ASSOCIATES

300 Montgomery Street, Suite 660 

San Francisco, California 94104

 The undersigned attorneys of record for the various parties to this action each certify that 

they are fully authorized by the party or parties represented to agree to and enter into this 

 stipulation to extend the discovery cutoff date for the limited purpose of scheduling the 

deposition of Lieutenant Nolan on a date beyond the March 29, 2010 discovery cutoff date. 

Accordingly, the parties respectfully request that the Court approve and enter this Stipulation for 

a limited extension of the discovery cutoff date from March 29, 2010 to April 15, 2010 for the 

limited purpose of taking depositions of Lieutenant Nolan. 

Dated: March 29, 2010 TAXMAN WAKEFORD 

 By: 

 Wesley Wakeford 

 Attorneys for Plaintiff 

 Troy A. Eller 

Dated: March 29, 2010 OFFICE OF THE CITY ATTORNEY 

 By: 

 John J. Fritsch 

 Attorney for Defendants City of 

 Santa Rosa, Santa Rosa Police 

 Department, Kyle Philp and 

 Tommy Isachsen 

 PURSUANT TO STIPULATION, IT IS SO ORDERED. 

DATED: 

 Honorable Theldon E. Henderson 

 United Stated District Court Judge 

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORN

I

A

Judge Thelton E. Henderson

04/05/10

Case 3:09-cv-01094-TEH Document 40 Filed 04/05/10 Page 3 of 3