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STIPULATION and [PROPOSED] ORDER RE: EXTENDING DISCOVERY DATES

USDC Northern District, Case No. CV-09-2726-MEJ

Gordon & Rees LLP

Embarcadero Center West

275 Battery Street, Suite 2000

San Francisco, CA 94111

MICHAEL T. LUCEY (SBN: 99927)

JON C. YONEMITSU (SBN: 199026)

GORDON & REES LLP

Embarcadero Center West

275 Battery Street, Twentieth Floor

San Francisco, CA 94111

Telephone: (415) 986-5900

Facsimile: (415) 986-8054

mlucey@gordonrees.com

jyonemitsu@gordonrees.com

Attorneys for Defendants

THE REGENTS OF THE UNIVERSITY

OF CALIFORNIA and MICHAEL ADAMS

RICHARD HOYER (SBN 151931)

LAW OFFICES OF RICHARD HOYER

240 Stockton Street, 9th Floor

San Francisco, CA 94108

Telephone: (415) 956-1360

Facsimile: (415) 276-1738

rah@wpglaw.net

Attorney for Plaintiff

MERCEDES DE SOUZA

UNITED STATE DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

(SAN FRANCISCO DIVISION)

MERCEDES DE SOUZA,

Plaintiff,

v.

THE REGENTS OF THE UNIVERSITY OF 

CALIFORNIA and MICHAEL ADAMS,

Defendant.

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CASE NO. CV-09-2726-MEJ

STIPULATION AND [PROPOSED] 

ORDER TO EXTEND DISCOVERY 

DATES

This Stipulation to extend the discovery dates is entered into by and between Defendants 

THE REGENTS OF THE UNIVERSITY OF CALIFORNIA and MICHAEL ADAMS 

(“Defendants”) and plaintiff MERCEDES DE SOUZA by and through their respective counsel, 

with reference to the following facts:

1. WHEREAS, pursuant to the Case Management Order for this matter, expert 

Case 3:09-cv-02726-MEJ Document 13 Filed 01/07/10 Page 1 of 4
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STIPULATION and [PROPOSED] ORDER RE: EXTENDING DISCOVERY DATES

USDC Northern District, Case No. CV-09-2726-MEJ 

Gordon & Rees LLP

Embarcadero Center West

275 Battery Street, Suite 2000

San Francisco, CA 94111

disclosures are to be completed by March 1, 2010, rebuttal expert witness disclosures are to be 

completed by March 11, 2010 and all discovery shall be completed by March 26, 2010;

2. WHEREAS, pursuant to Rule 16(b)(4) of the Federal Rules of Civil Procedure, 

the Parties seek to modify the Case Management Order;

3. WHEREAS, the Parties have agreed to proceed with private mediation with 

Jeffrey Ross in Oakland on February 10, 2010. In an effort to minimize litigation expenses prior 

to mediation, the Parties have agreed to postpone continued discovery until after the mediation 

on February 10. Should the case not settle at mediation, the Parties intend to continue with 

discovery that will include, at the very least, depositions of named parties and additional written 

discovery. The discovery after mediation, should mediation prove unsuccessful, will lead to the 

discovery of admissible evidence at trial for which the Parties’ respective expert witnesses will 

likely consider and rely upon in formulating their respective opinions and conclusions. As the 

continued discovery efforts of the Parties will continue past the current date for expert 

disclosures (March 1, 2010), should the case not resolve at the mediation on February 10, 2010, 

the Parties stipulate to continue the date to disclose experts to allow the Parties’ respective 

experts time to consider information obtained from the continued discovery;

5. WHEREAS, the Parties seek to extend the date to disclose experts. The Parties 

further stipulate to extend subsequent pre-trial dates as affected by the extension of the date to 

disclose experts;

6. WHEREAS, the Parties hereby stipulate and respectfully request the Court to 

modify its September 17, 2009, Case Management Order to extend the pre-trial deadlines as 

follows, or to dates thereafter convenient to the Court: 

Event Current Date Proposed Date

Expert Disclosures: March 1, 2010 April 30, 2010

Supplemental/Rebuttal Expert Disclosures: March 11, 2010 May 12, 2010

Discovery Cut-Off: March 26, 2010 May 26, 2010

Dispositive Motion Filing: April 22, 2010 June 9, 2010

Dispositive Motion Hearing: May 27, 2010 July 15, 2010

Case 3:09-cv-02726-MEJ Document 13 Filed 01/07/10 Page 2 of 4
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STIPULATION and [PROPOSED] ORDER RE: EXTENDING DISCOVERY DATES

USDC Northern District, Case No. CV-09-2726-MEJ 

Gordon & Rees LLP

Embarcadero Center West

275 Battery Street, Suite 2000

San Francisco, CA 94111

7. WHEREAS, the Parties agree they will not suffer prejudice as a result of the 

extension of the discovery deadlines set forth above;

8. WHEREAS, the trial date remains the same;

9. This Stipulation to extend discovery dates may be executed by attorneys of record 

in separate parts with facsimile signatures acceptable.

SO STIPULATED.

Dated: January 6, 2010 GORDON & REES LLP

/ s /

By: ___________________

Michael T. Lucey

Jon C. Yonemitsu

Attorneys for Defendant THE 

REGENTS OF THE UNIVERSITY OF 

CALIFORNIA and MICHAEL ADAMS 

Dated: January 6, 2010 LAW OFFICES OF RICHARD HOYER

/ s /

By: ___________________

Richard Hoyer

Attorney for Plaintiff 

MERCEDED DE SOUZA

[PROPOSED] ORDER

Pursuant to the stipulation of the Parties, good cause appearing therefore, the following 

discovery pre-trial deadlines are extended as follows: 

Event Current Date Proposed Date

Expert Disclosures: March 1, 2010 April 30, 2010

Supplemental/Rebuttal Expert Disclosures: March 11, 2010 May 12, 2010

Discovery Cut-Off: March 26, 2010 May 26, 2010

Dispositive Motion Filing: April 22, 2010 June 9, 2010

Dispositive Motion Hearing: May 27, 2010 July 15, 2010

Case 3:09-cv-02726-MEJ Document 13 Filed 01/07/10 Page 3 of 4
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STIPULATION and [PROPOSED] ORDER RE: EXTENDING DISCOVERY DATES

USDC Northern District, Case No. CV-09-2726-MEJ 

Gordon & Rees LLP

Embarcadero Center West

275 Battery Street, Suite 2000

San Francisco, CA 94111

IT IS SO ORDERED.

Dated: ________________________________________

Chief Magistrate Judge Maria-Elena James

UCR/1057490/7390980v.1

January 7, 2010

Case 3:09-cv-02726-MEJ Document 13 Filed 01/07/10 Page 4 of 4