Electronic Recyclers International Inc. v. Electronic Recyclers of America LLC. et al

Filing 34

Amended Stipulation of Parties and ORDER of Court on Defendants' 19 Motion to Compel Further Discovery Responses signed by Magistrate Judge Gary S. Austin on 4/5/2011. (Bradley, A)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18

Timothy J. Buchanan, # 100409 Mandy L. Jeffcoach, # 232313 McCormick, Barstow, Sheppard, Wayte & Carruth LLP P.O. Box 28912 5 River Park Place East Fresno, CA 93720-1501 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants DLUBAK GLASS COMPANY, INC. and DAVID A. DLUBAK and Counterclaimant DLUBAK GLASS COMPANY, INC.

(SPACE BELOW FOR FILING STAMP ONLY)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

ELECTRONIC RECYCLERS INTERNATIONAL, INC., a Delaware Corporation, and ELECTRONIC RECYCLERS OF AMERICA LLC, a California Limited Liability Company, Plaintiffs, v. DLUBAK GLASS COMPANY, INC., a Pennsylvania Corporation, DAVID A. DLUBAK, an individual, and DOES 1 through 25, inclusive,, Defendants.

Case No. 1:10-CV-00760-LJO-GSA AMENDED STIPULATION OF PARTIES AND [PROPOSED] ORDER OF COURT ON DEFENDANTS' MOTION TO COMPEL FURTHER DISCOVERY RESPONSES Hearing Date: April 1, 2011 Time: 10:00 a.m. Courtroom: 10 (Hon. Gary S. Austin, United States Magistrate Judge) Trial date: October 31, 2011

19 20 21 Counterclaimant 22 23 24 25 26 27 28
MCCORMICK, BARSTOW , SHEPPARD, W AYTE & CARRUTH LLP
5 R IVER PARK PLACE EAST FRESNO, CA 93720-1501

DLUBAK GLASS COMPANY, INC. a Pennsylvania Corporation,

ELECTRONIC RECYCLERS INTERNATIONAL, INC., a Delaware Corporation Counterdefendant

AMENDED STIPULATION OF PARTIES AND [PROPOSED] ORDER OF COURT ON DEFENDANTS' MOTION TO COMPEL FURTHER DISCOVERY RESPONSES

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
MCCORMICK, BARSTOW , SHEPPARD, W AYTE & CARRUTH LLP
5 R IVER PARK PLACE EAST FRESNO, CA 93720-1501

The parties to this action, by and through their counsel of record, hereby recite, stipulate and agree as follows: 1. The motion of Defendant DLUBAK GLASS COMPANY ("DGC") came on

regularly for hearing on April 1, 2011, at 10:00 a.m. in Courtroom 10, before the Honorable Gary S. Austin, United States Magistrate Judge. Timothy J. Buchanan of McCormick Barstow LLP appeared for DGC. G. Andrew Slater of Dowling, Aaron & Keeler appeared for the Plaintiffs. 2. The Court ordered further meet and confer discussions between counsel. After

further conference in the Courtroom and outside the Court's presence, counsel reached an agreement which was placed upon the Court record and which is now memorialized in this Stipulation and Order. 3. stipulation. 4. The motion of DGC to compel further discovery responses is taken off calendar The Court may enter as an Order of the Court the provisions set forth in this

upon approval of this stipulation and order by the Court, without prejudice to renewed motion in the event of non-compliance with any of its particulars. 5. At or before the time set forth below, Plaintiffs shall hand-serve supplemental

written responses, verified in proper form under oath, factually and without qualification, the following requests from DGC's First Request for Production of Documents: Requests Nos. 29, 43, 45, 46, 48, 49, 50, 51, 52, 53, 54, 62, 73, 76, and 81. 6. At or before the time set forth below, Plaintiffs shall further serve supplemental

answers, in verified form factually and unequivocally under oath, DGC's Request for Production No. 83, rephrased as follows: "All DOCUMENTS that RELATE TO communications with any and all PERSON about the methods or means of disposing of or processing glass products or materials, or of materials that contain glass in any form, at any time." 7. Documents responsive to the numbered requests itemized above shall be hand-

delivered to DGC's counsel no later than 5:00 p.m. on Friday, April 15, 2011, or shall be made available for inspection by DGC at a reasonable place and time in normal business hours not later than April 22, 2011. 1
AMENDED STIPULATION OF PARTIES AND [PROPOSED] ORDER OF COURT ON DEFENDANTS' MOTION TO COMPEL FURTHER DISCOVERY RESPONSES

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
MCCORMICK, BARSTOW , SHEPPARD, W AYTE & CARRUTH LLP
5 R IVER PARK PLACE EAST FRESNO, CA 93720-1501

8.

In the event that Plaintiffs produce no further documents in response to one or

more of the requests itemized above, the supplemental written response to that request shall state, unequivocally and without qualification, verified under oath, that Plaintiffs have made a diligent search and inquiry for the requested documents and that no responsive documents exist. In the event that the responsive documents once existed and no longer exist, ERI shall state how, when, and why they were discarded, deleted, or destroyed. 9. Plaintiffs further shall serve supplemental responses, in factual and unequivocal Those

form, verified under oath, to DGC's Requests for Admission No. 28, 31, and 35.

supplemental responses shall be hand-delivered to DGC's counsel no later than 5:00 p.m. on Friday, April 15, 2011. 10. Plaintiffs further shall serve a supplemental response, in factual and unequivocal

form, verified under oath, to DGC's Special Interrogatory No. 24, modified by removing the phrase "or attempted to ship" from its substance. That supplemental response shall be handserved on DGC's counsel no later than 5:00 p.m. on April 15, 2011. 11. Except as expressly noted above, all further disputed discovery requests described

in the parties' Joint Statement filed on March 25, 2011, are deemed withdrawn from this motion. 12. The parties mutually withdraw their requests for sanctions. McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP

Dated: April __5___, 2011

By:_________/s/ Timothy J. Buchanan ____ Timothy J. Buchanan Mandy L. Jeffcoach Attorneys for Defendants, DLUBAK GLASS COMPANY, INC. and DAVID A. DLUBAK and Counter Claimant DLUBAK GLASS COMPANY, INC /// /// /// /// 2
AMENDED STIPULATION OF PARTIES AND [PROPOSED] ORDER OF COURT ON DEFENDANTS' MOTION TO COMPEL FURTHER DISCOVERY RESPONSES

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
MCCORMICK, BARSTOW , SHEPPARD, W AYTE & CARRUTH LLP
5 R IVER PARK PLACE EAST FRESNO, CA 93720-1501

Dated: April _5__, 2011

DOWLING, AARON & KEELER LLP

By:_____/s/ G. Andrew Slater____________ G. Andrew Slater Attorneys for Plaintiffs ELECTRONIC RECYCLERS INTERNATIONAL, INC. and ELECTRONIC RECYCLERS OF AMERICA LLC

ORDER The Court, having reviewed the above stipulation and finding good cause to support it, hereby enters the stipulation as an ORDER OF THE COURT. FAILURE TO COMPLY WITH THIS ORDER IN ANY RESPECT SHALL RESULT IN THE IMPOSITION OF SANCTIONS IN THE DISCRETION
OF THE COURT INCLUDING, WITHOUT LIMITATION, ONE OR MORE OF THE SANCTIONS LISTED IN

RULE 37(B)(2)(A)

AND

(C)

OF THE

FEDERAL RULES

OF

CIVIL PROCEDURE,

AND MAY BE

TREATED BY THE COURT AS A CONTEMPT OF COURT.

IT IS SO ORDERED. Dated:
DEAC_Signature-END:

April 5, 2011

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

6i0kij8d

3
AMENDED STIPULATION OF PARTIES AND [PROPOSED] ORDER OF COURT ON DEFENDANTS' MOTION TO COMPEL FURTHER DISCOVERY RESPONSES