1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28 1

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR FLING DISPOSITIVE MOTIONS AND

EXTENDING DISCOVERY CUTOFF

Robert L. Zaletel, Esq. (SB# 096262)

McQUAID BEDFORD & VAN ZANDT LLP

221 Main Street, 16th Floor

San Francisco, CA 94105

Telephone: 415/905-0200

Facsimile: 415/905-0202

Attorneys for Defendant

UNION PACIFIC RAILROAD COMPANY

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

VINCENT A. THOMAS

Plaintiffs,

v.

UNION PACIFIC RAILROAD COMPANY

and DOES 1-100, 

Defendants.

 /

Case No. CIV S-04-1007 FCD GGH

STIPULATION AND ORDER

EXTENDING TIME FOR FILING

DISPOSITIVE MOTIONS AND

EXTENDING DISCOVERY CUTOFF

FOR PURPOSES OF TAKING

DEPOSITION OF SAM KEPHART

Trial Date: November 29, 2005

“AS MODIFIED”

Plaintiff Vincent A. Thomas and Defendant Union Pacific Railroad Company hereby

stipulate as follows: 

This is an employment discrimination case. The Court’s August 3, 2004 pretrial order

established a discovery cutoff of May 20, 2005. Dispositive motions must be heard by July 22,

2005. Trial is scheduled for November 29, 2005.

In December of 2004, Defendant UNION PACIFIC RAILROAD COMPANY

("Defendant") served a notice of deposition for Plaintiff Vincent Thomas for January 12, 2005. 

At the request of Plaintiff’s counsel, the deposition was continued to January 26th due to

scheduling conflicts. However, shortly before the scheduled January 26th deposition date, Mr.

Thomas underwent back surgery which precluded him from being deposed for several months, as

Case 2:04-cv-01007-FCD-GGH Document 9 Filed 05/18/05 Page 1 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28 2

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR FLING DISPOSITIVE MOTIONS AND

EXTENDING DISCOVERY CUTOFF

he was unable to sit for extended periods of time. Because of his injuries, plaintiff could not be

deposed until April 26, 2005. While originally noticed to continue the following day as well, Mr.

Thomas’ deposition could not be concluded for scheduling reasons until May 9, 2005. The

complete transcript has not yet been received from the court reporter. 

Plaintiff’s counsel seeks to depose one of Defendant’s managers, Sam Kephart, in

Southern California. Mr. Kephart has been on vacation for the past several weeks and will not

return until May 18th, just before the May 20th discovery cutoff. Defendant and Plaintiff have

agreed to extend the discovery cutoff for the sole purpose of taking Mr. Kephart’s deposition by

two weeks to June 3, 2005, and request that the Court issue an order to this effect. 

Because of these unavoidable delays in completing discovery due to Mr. Thomas’ surgery

and Mr. Kephart’s vacation, the parties also request that the last date for hearing any dispositive

motions be continued by approximately one month from July 22, 2005 to Friday, August 19,

2005.

IT IS SO STIPULATED.

Dated: __________, 2005 McQUAID BEDFORD & VAN ZANDT, LLP

By: _______________________________

Robert L. Zaletel

Attorneys for Defendant

UNION PACIFIC RAILROAD COMPANY

IT IS SO STIPULATED.

Dated: ____________, 2005 LEO F. DONAHUE, INC.

By: ______________________________

Leo F. Donahue

Attorneys for Plaintiff

VINCENT A. THOMAS

Case 2:04-cv-01007-FCD-GGH Document 9 Filed 05/18/05 Page 2 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28 3

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR FLING DISPOSITIVE MOTIONS AND

EXTENDING DISCOVERY CUTOFF

PROPOSED ORDER

For Good Cause appearing, the court orders that the May 20, 2005 discovery cutoff shall

be extended for the sole purpose of allowing Plaintiff to take the deposition of Defendant’s

manager, Samuel Kephart by no later than June 3, 2005. Any dispositive motions shall be heard

by no later than August 12, 2005.

DATED: May 18, 2005

/s/ Frank C. Damrell Jr. 

FRANK C. DAMRELL JR.

United States District Judge

G:\DOCS\FCD\orders to be signed\THOMAS-UP stip 0517.wpd

Case 2:04-cv-01007-FCD-GGH Document 9 Filed 05/18/05 Page 3 of 3