I/P Engine, Inc. v. AOL, Inc. et al

Filing 173

ORDER entered re. telephonic hearing held on 6/15/12, to discuss various discovery-related issues. (See Order for Specifics) In the interim of the Court's directives set forth in this Order, the parties are DIRECTED to continue to meet and confer with respect to these discovery disputes, and to advise the Court promptly if a resolution is reached by agreement. Entered and filed 6/18/12. (Signed by Magistrate Judge F. Bradford Stillman on 6/18/12). (ecav, )

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i UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGI* IA JUN Norfolk Division I/P ENGINE, i ■.__'...' INC., i. 1 8 2012 _, .—. Plaintiff, v. AOL, Case INC., et No. 2:llcv512 al., Defendants. ORDER At hearing issues. the request on June and defendants.1 For 15, Charles plaintiffs, of J. the 2012, parties, to Monterio, David the discuss Jr., Perlson, Court various Esq., Esq., held a telephonic discovery-related argued on behalf argued on behalf of the of the ORDERS the The official court reporter was Jody Stewart. the reasons stated on the record, the Court following: 1. capacity The as deposition defendants, a Rule shall of Jonathan 30 (b) (6) be limited Alferness, designee to a of total one of conducted over the course of two or more days determined counsel Rule by agreement between counsel for taken or ten designee. If the parties have his more of the hours, to be on a schedule to be the for the defendants who have identified Mr. 30(b)(6) in not plaintiff and Alferness as a agreed upon the 1 Defendant AOL, Inc. was separately represented by Robert L. Burns, Esq., but Mr. Burns deferred to Mr. behalf of all defendants in this instance. Perlson, who argued on scheduled dates for Mr. 22, 2012, the Alferness's deposition by 4:00 p.m. plaintiff is DIRECTED to advise the on June Court by fax letter sent to the chambers of the undersigned at 757-222-7028, be received setting no the later than deposition entered forthwith. 5:00 for p.m. dates that same selected by day, the and an Court to order shall be If necessary to complete the examination of Mr. Alferness, the parties may extend the duration of his deposition by agreement, without 2. With further intervention of the Court. respect to Rule 30(b)(6) defendants taken on or before June 25, the defendants have not received depositions 2012, the Court reasonable notice of the FINDS that and time to prepare their designees to testify with respect to any new topics identified in the amended Rule by the plaintiff on June 12, 30(b)(6) 2012, deposition notices but the plaintiff is served GRANTED leave to reopen such depositions as necessary to address these new topics at a later date. To the extent possible, however, defendants are encouraged to prepare their Rule 30(b)(6) to address the these new topics plaintiff shall be on the fully initial prepared at deposition the outset the designees dates, to and examine these witnesses on all topics identified in both its original and amended Court Rule notes 30 (b) (6) that deposition by Rule hearing, the notices. For seven-hour 30(d)(l) has the time not been avoidance limit of doubt, imposed extended. As on the each noted at the Court makes no determination now with respect to an - 2 - award of expenses depositions; to Rules 30(d), With defendants' or 37 respect to in its Order of May 2, 2012 compel on shall filing of be to filed such the three after this response before 156), June be rebuttal any Rule 25, 2012. filed within brief shall Deputies at 37(b) to the motion to Any brief ten be days The movant 757-222-7222 schedule a after shall within hearing to take To be clear, Federal Rules of Civil Procedure does not apply to At hearing, schedule. the parties addressed an issue with respect to the total number of depositions to be taken by the plaintiff this may case. have in filed within after completion of briefing. expedited briefing reopened previously addressed by this Court filing the motion to 6(d) any as appropriate. plaintiff's Courtroom Rule 4. 1, later date, filing of the opposition brief. place within seven days of the a shall Any the Magistrate days at with for an award of expenses pursuant (ECF No. or motion motion. three days after contact connection the Interrogatory No. opposition in the parties may move 26(c), 3. incurred As presented entered into a at hearing, it appears that stipulation or agreement the in parties addressing the total number and scope of depositions to be taken by the plaintiff. The specific terms, stipulation compel, this or motion dispute the agreement for a shall be operative appear effect, to be protective order, in and the dispute. 3 - Any motion to or other motion related to filed on or before June 25, - validity of the 2012. Any brief in opposition to such motion shall be filing of the motion. Any rebuttal filed within ten days after brief shall three days after filing of the opposition brief. contact three the Magistrate days after filing place within seven days Rule 6(d) of the this expedited briefing 5. meet and Deputies the motion to schedule IS SO the parties respect to these are hearing DIRECTED to discovery to take To be clear, continue disputes, and to to reached by agreement. ORDERED. UNITE© Norfolk, a within Procedure does not apply to advise the Court promptly if a resolution is IT 757-222-7222 shall schedule. interim, with at filed within The movant after completion of briefing. Federal Rules of Civil In the confer Courtroom be Virginia June l