Su v. National Aeronautics and Space Administration

5:09-cv-02838 | N.D. Cal. | Mar 24, 2011

JAMES MCMANIS (40958) MICHAEL REEDY (161002) TYLER ATKINSON (257997) McMANIS FAULKNER A Professional Corporation 50 West San Fernando Street, 10th Floor San Jose, California 95113 Telephone: 408-279-8700 Facsimile: 408-279-3244 Email: Attorneys for Plaintiff, Dr. Haiping Su

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION HAIPING SU, Case No. 5:09-cv-2838-JW Plaintiff, STIPULATION AND [PROPOSED] v. ORDER FOR A LIMITED EXTENSION UNITED STATES OF AMERICA; OF DISCOVERY DEADLINE NATIONAL AERONAUTICS AND RELATED TO DEPOSITION OF MR. SPACE ADMINISTRATION, an Agency of PATRICK GRANT the United States; CHARLES F. BOLDEN, JR. in his official capacity as the Administrator of NASA; SIMON PETER WORDEN, in his official capacity as Director of NASA Ames Research Center; ROBERT DOLCI, in his official capacity as Installation Security Chief at NASA Ames; REGINALD WADDELL, in his official capacity at NASA; and Does 1-100,

Defendants. /// /// /// ///

1 The close of discovery in this case is set for March 28, 2011. However, the parties have stipulated to, and request Court approval for, a limited extension of discovery to permit the deposition of Mr. Patrick Grant to take place on April 11, 2011. (In addition to the immediate request, the parties currently have outstanding a request to the Court for a limited extension of the deadline for defendants to provide certain discovery responses. See Docket Entry #155.)

Plaintiff seeks to depose Mr. Grant, one of plaintiff’s coworkers at the University of California at Santa Cruz, who plaintiff believes has knowledge relevant to this case. Plaintiff’s counsel further represents that, during discovery, plaintiff sought consent from University of California counsel to permit plaintiff’s counsel to informally interview prospective witnesses. Plaintiff’s counsel represents that due to the scheduling needs of these prospective witnesses and their University counsel, plaintiff’s counsel was only able to first interview these witnesses, including Mr. Grant, on March 15, 2011.
Because of this interview, plaintiff would like to depose Mr. Grant. Defendants’ counsel, however, is unable to attend a deposition of Mr. Grant prior to the discovery cut-off on March 28, 2011. Defendants’ counsel has agreed to stipulate to a limited extension of the discovery deadline so that Mr. Grant’s deposition may take place. Plaintiff’s counsel avers that plaintiff has sought a declaration from Mr. Grant as an alternative to deposition. However, Mr. Grant has declined to furnish such a declaration, and counsel for the University of California has indicated to plaintiff’s counsel that they believe a deposition is the better way to proceed. Through counsel, Mr. Grant has confirmed his availability for a deposition on April 11, 2011.
In addition to this stipulation and proposed order, currently before the Court is a request by the parties to extend the deadline for defendants’ interrogatory responses and production of documents. Docket Entry #155. The parties do not seek to change this pending stipulation.
The discovery deadlines in this matter have been modified only once. On January 25, 2011, the Court modified the expert discovery deadlines upon joint stipulation of the parties, setting February 7, 2011 as the deadline for disclosure of experts and March 7, 2011 as the deadline for disclosure of rebuttal experts. Docket Entry #131. No other modifications have
2 occurred to date. The requested modification would have minimal impact on the case. The parties do not believe the additional period of discovery will impact other discovery matters in this case. Accordingly, the parties hereby STIPULATE AND REQUEST that the March 28, 2011, deadline for discovery be extended for the limited purpose of the aforementioned deposition, as follows:
April 11, 2011 Deposition of Mr. Patrick Grant DATED: March 23, 2011 McMANIS FAULKNER /s/ JAMES McMANIS


Attorneys for Plaintiff, Dr. Haiping Su March 24, 2011

DATED: March 23, 2011 /s/ n



Assistant Attorney General


Director, Torts Branch CHIEF JUDGE


Assistant Director, Federal Programs Branch VESPER MEI (D.C. Bar #455778) Senior Counsel, Federal Programs Branch KAREN P. SEIFERT (N.Y. Bar) Trial Attorney, Federal Programs Branch J. STEVEN JARREAU (D.C. Bar #414135) Trial Attorney, Torts Branch United States Department of Justice Civil Division P.O. Box 883 – Room 7316 Washington, DC 20044 Telephone: (202) 514-4686 Facsimile: (202) 616-8470 Attorneys for Defendants




DATED: _____________________ ____________________________________