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STIPULATION AND ORDER RE: AMENDED TRIAL DATE 

Case No. 08-CV-4232 JL 

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HARRY G. LEWIS (SBN 157705) 

JOHN C. BROWN (SBN 195804) 

JULIE A. MARQUIS (SBN 178466) 

CORNERSTONE LAW GROUP 

595 Market Street, Suite 2360 

San Francisco, CA 94105 

Telephone: (415) 974-1900 

Facsimile: (415) 974-6433 

Email: hlewis@cornerlaw.com

Attorneys for Plaintiff MEHDI SABERI 

ERNEST W. KLATTE, III (State Bar No. 115914) 

SUMMER YOUNG AGRIESTI (State Bar No. 232883) 

RUTAN & TUCKER, LLP 

611 Anton Boulevard, Fourteenth Floor 

Costa Mesa, California 92626-1931 

Telephone: 714-641-5100 

Facsimile: 714-546-9035 

Email: eklatte@rutan.com

Attorneys for Defendant BFS RETAIL & COMMERCIAL OPERATIONS, LLC 

KIMBERLY A. DONOVAN (SBN 160729) 

BARBARA A. TANZILLO (SBN 168339) 

GCA LAW PARTNERS LLP 

1891 Landings Drive 

Mountain View, CA 94043 

Telephone: (650) 237-7294 

Facsimile: (650) 428-3901 

Email: kdonovan@gcalaw.com

Attorneys for Defendant DANA GIRARD 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

MEHDI SABERI, 

Plaintiff, 

 vs. 

BFS RETAIL & COMMERCIAL 

OPERATIONS, LLC, 

Defendant. 

CASE NO. CV-08-4232 JL 

STIPULATION AND [PROPOSED] 

ORDER MODIFYING TRIAL DATE 

AND PRETRIAL ORDER 

Before the Honorable James Larson 

Date Action Filed: September 8, 2008 

Current Trial Date: July 19, 2010 

[Proposed] 

Amended Trial Date: October 18, 2010 

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STIPULATION AND ORDER RE: AMENDED TRIAL DATE 

Case No. 08-CV-4232 JL 

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Plaintiff Mehdi Saberi (“Plaintiff”), Defendant BFS Retail & Commercial 

Operations, LLC (“BFS”), and Defendant Dana Girard (“Girard”) by and through their 

respective counsel, hereby stipulate as follows: 

WHEREAS, the parties completed non-expert discovery by March 31, 2010, the nonexpert discovery cut-off date; 

WHEREAS, on April 14, 2010, the defendants timely filed motions for summary 

judgment that were initially set for May 19, 2010, a week prior to the last date for hearing of 

such motions, however the Court moved the hearing on these motions to June 23, 2010; 

WHEREAS, the trial is presently scheduled to commence on July 19, 2010. In light of the 

modified hearing date on the motions for summary judgment, the need for briefing on motions in 

limine, and other issues, the parties seek to move the trial and related pretrial dates; 

WHEREAS, trial counsel for Defendant BFS will be out of the country from September 

12, 2010 through September 27, 2010, and only back in the office on September 28, 2010; 

WHEREAS, the parties have consulted with the Court and learned that October 18, 2010, 

is a date available for the Court to reschedule this trial; 

NOW, THEREFORE, the parties hereby stipulate and agree, upon approval of the Court, 

to reset the trial in this matter and to modify the pretrial schedule as follows: 

1. TRIAL DATE 

a. Jury trial will begin on October 18, 2010 at 9:00 a.m. in Courtroom F, 15th

Floor, 450 Golden Gate Avenue, San Francisco, CA 94102. 

b. The length of the trial will be not more than 5 days. 

2. DISCOVERY 

a. Experts shall be disclosed by May 21, 2010, rebuttal experts disclosed by 

June 18, 2010. 

b. All discovery from experts shall be completed by July 30, 2010. 

c. All non-expert discovery shall be completed by March 31, 2010. 

d. In the event of a discovery dispute the parties shall use the procedure set 

forth in the Amended Pretrial Order (Dkt #56). Any joint statement or individual 

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STIPULATION AND ORDER RE: AMENDED TRIAL DATE 

Case No. 08-CV-4232 JL 

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statements submitted under the procedure relating to non-expert discovery shall be 

submitted by May 12, 2010. Any joint statement or individual statements submitted 

under the procedure relating to expert discovery shall be submitted by August 11, 2010. 

3. MOTIONS 

a. Girard may file an Amended Motion for Summary Judgment that does not 

differ in substance from the motion already on file on or before May 19, 2010 (not less 

than thirty-five (35) days prior to the scheduled hearing date of June 23, 2010). Any 

opposition to the Motions for Summary Judgment shall be filed no later than June 2, 

2010, twenty-one (21) days prior to the hearing date. Any reply to the opposition shall 

be filed no later than June 9, 2010, fourteen (14) days prior to the hearing. Dispositive 

motions shall be heard on June 23, 2010. 

 b. Motions in Limine (except with respect to expert issues and issues that 

arise later as a result of pre-trial disclosures) shall be filed by July 21, 2010. Any 

opposition shall be filed no later than August 4, 2010. Any reply to an opposition shall 

be filed no later than August 11, 2010. Motions in Limine filed pursuant to this 

schedule shall be heard on August 25, 2010. 

5. PRETRIAL CONFERENCE 

a. A final pretrial conference shall be held on October 6, 2010, at 11:00 

a.m., in Courtroom F, 15th Floor. Each party shall attend personally or by counsel who 

will try the case. 

b. On or before September 2, 2010, all counsel or parties shall meet and 

fulfill the requirements of Civil Local Rule 16-10(b), except those requirements set forth 

in section 5.c. below. 

c. On or before September 9, 2010, counsel or parties shall serve file a joint 

pretrial statement pursuant to Local Rule 16-10(b)(6) which shall include the disclosures 

required by Fed. R. Civ. P. 26(a)(3) as well as those set forth in section 5.c. of the 

Amended Pretrial Order (Dkt #56). 

d. At the same time that the parties file their joint pretrial statement they 

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STIPULATION AND ORDER RE: AMENDED TRIAL DATE 

Case No. 08-CV-4232 JL 

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shall also file the items set forth in section 5.d. of the Amended Pretrial Order (Dkt #56), 

including any further Motions in Limine that were not previously filed. 

6. On or before September 29, 2010, counsel or parties shall file any 

opposition or objection to those items required by sections 5(e), (f), (j), (k) and (l) of the 

Amended Pretrial Order (Dkt #56). Additionally, counsel or parties shall file any 

objections to the qualifications of expert witnesses contained in the opposing party's 

witness list. Objections not filed as required will be deemed waived. No replies shall be 

filed. All motions and objections shall be heard at the pretrial conference unless 

otherwise ordered. 

7. JURY TRIAL 

Counsel shall comply with section 7 of the Amended Pretrial Order (Dkt #56). 

Dated: April 27, 2010 Dated: April 27, 2010 

CORNERSTONE LAW GROUP 

 /s/ _

By: Harry G. Lewis 

Attorneys Plaintiff 

MEHDI SABERI 

RUTAN & TUCKER, LLP 

 /s/ _

By: Summer Young Agriesti 

Attorneys for Defendant 

BFS RETAIL & COMMERCIAL 

OPERATIONS, LLC 

Dated: April 27, 2010 

GCA LAW PARTNERS LLP 

 /s/ _

By: Kimberly A. Donovan 

Attorneys Defendant 

DANA GIRARD 

IT IS SO ORDERED. 

By: 

The Honorable Judge James Larson

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