E. & J. Gallo Winery et al v. Toledo Engineering Co., Inc.

Filing 40

STIPULATION for Taking of Deposition of Graham Roper in United Kingdom; and ORDER Thereon signed by Magistrate Judge Gary S. Austin on 9/18/2012. (Bradley, A)

McCormick, Barstow, Sheppard,
1 Wayte & Carruth LLP
D. Greg Durbin, #81749
2 Mandy L. Jeffcoach, #232313
Timothy J. Buchanan, #100409
3 5 River Park Place East
Fresno, California 93720-1501
4 Telephone:
[phone]
Facsimile:
[phone]
5
Cotchett, Pitre, & McCarthy LLP
6 Frank M. Pitre #100077
Steven N. Williams #175489
7 Gene W. Kim #279549
San Francisco Airport Office Center
8 840 Malcolm Road, Suite 200
Burlingame, California 94010
9 Telephone:
[phone]
Facsimile:
[phone]
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Attorneys for Plaintiff, E.&J. GALLO WINERY
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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16 E. & J. GALLO WINERY, a California
corporation,
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Plaintiff,
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v.
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TOLEDO ENGINEERING CO., INC., an
20 Ohio corporation, and DOES I through XX,
inclusive,
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Defendant.
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Case No. 1:11-CV-00476-LGO-GSA
STIPULATION FOR TAKING OF
DEPOSITION OF GRAHAM ROPER IN
UNITED KINGDOM; AND ORDER
THEREON
Judge: Hon. Gary S. Austin

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The parties, Plaintiff E. & J. GALLO WINERY (“Gallo”) and Defendant, TOLEDO

25 ENGINEERING CO., INC. (“TECO”), by and through their respective counsel of record herein,
26 HEREBY STIPULATE AND AGREE that Gallo may take the deposition of Mr. Graham Roper,
27 Fives Stein Ltd./BH-F Eng. Limited, 4 A Churchward, Southmend Park, Didcot, Oxon OX117
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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
5 RIVER PARK PLACE EAST
FRESNO, CA 93720-1501

1:11-CV-00476-LGO-GSA
STIPULATION FOR TAKING OF DEPOSITION OF GRAHAM ROPER IN UNITED KINGDOM; AND ORDER
THEREON

1 HB, United Kingdom, in London, England. Mr. Roper was identified by both parties pursuant to
2 Rule 26 (a)(1)(A) as an individual likely to have discoverable information that the parties may use
3 to support their respective claims or defenses. The parties further agree that this deposition may
4 be used in the same way as depositions taken in the United States. Mr. Roper has voluntarily
5 agreed to appear for a deposition on October 2, 2012, at 9 a.m. BST, in London, England. The
6 deposition will be held at Macfarlanes LLP, 20 Cursitor Street, London, United Kingdom EC4A
7 1LT.
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Pursuant to Federal Rule of Civil Procedure 28(b)(1)(A) and (C), depositions in a foreign

9 country may be taken before a person authorized to administer oaths pursuant to, inter alia, (1) an
10 applicable treaty or convention, or (2) the law of the place where the examination is held, or (3)
11 the law of the United States. Furthermore, Federal Rule of Civil Procedure 29 permits parties to
12 stipulate in writing that depositions may be taken before any person, at any time or place, upon
13 any notice, and in any manner.
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Here, the court reporter located in the United Kingdom is authorized to administer oaths

15 pursuant to a treaty between the United States and the United Kingdom, under the laws of the
16 United Kingdom, and under the laws of the United States. Both the United Kingdom and the
17 United States are party to the 1970 Hague Convention on the Taking of Evidence Abroad in Civil
18 and Commercial Matters. Under the applicable laws of the United Kingdom and the Hague
19 Convention, local stenographers and solicitors are permitted to preside over voluntary depositions
20 and swear in voluntary witnesses in the United Kingdom. Further, the court reporter located in the
21 United Kingdom is authorized to administer oaths under U.S. law, pursuant to Federal Rule of
22 Civil Procedure 29 and this stipulation.
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In accordance with the above, Shola McGregor, or if she is not available, Alan Bell, both

24 court reporters employed by Marten Walsh Cherer Ltd. (1st Floor, Quality House, 6 - 9 Quality
25 Court, Chancery Lane, London WC2A 1HP, United Kingdom), will administer the oath to Mr.
26 Roper and preside over the deposition of Mr. Roper on October 2, 2012. The deposition shall be
27 videotaped by Marten Walsh Cherer Ltd.
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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
5 RIVER PARK PLACE EAST
FRESNO, CA 93720-1501

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1:11-CV-00476-LGO-GSA
STIPULATION FOR TAKING OF DEPOSITION OF GRAHAM ROPER IN UNITED KINGDOM; AND ORDER
THEREON

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Gallo shall pay all the expenses, fees, and charges of the witness whose deposition is taken

2 by such party, any charges of the officer presiding at or recording the deposition other than for
3 copies of the deposition, and any expenses involved in providing a place for the deposition. Gallo
4 shall pay for the original of the deposition; and, upon payment of reasonable charges therefor, the
5 officer shall also furnish a copy of the deposition to any party or the deponent.
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IT IS SO STIPULATED.
Dated: September 18, 2012

McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

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/s/ D. Greg Durbin
D. Greg Durbin
Mandy L. Jeffcoach
Timothy J. Buchanan
Attorneys for Plaintiff, E.&J. GALLO WINERY
By:

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Dated: September 17, 2012

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By:

/s/ Melissa Whitehead
David S. Worthington
Melissa Whitehead
Attorneys for Defendant, TOLEDO
ENGINEERING CO., INC.

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

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1:11-CV-00476-LGO-GSA
STIPULATION FOR TAKING OF DEPOSITION OF GRAHAM ROPER IN UNITED KINGDOM; AND ORDER
THEREON

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ORDER
Having read and considered the foregoing Stipulation, and good cause appearing, IT IS

3 HEREBY ORDERED THAT:
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1.

Gallo may take the deposition of Mr. Graham Roper, Fives Stein Ltd./BH-F Eng.

5 Limited, 4 A Churchward, Southmend Park, Didcot, Oxon OX117 HB, United Kingdom, in
6 London, England.
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2.

The deposition may take place on October 2, 2012, commencing at 9 a.m. BST, at

8 Macfarlanes LLP, 20 Cursitor Street, London, United Kingdom EC4A 1LT, or at such other time
9 and location as set by further stipulation of the parties or order of this court.
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3.

The deposition may be used herein in the same way as a deposition taken pursuant

11 to Rule 30 at a place in the United States.
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4.

A court reporter in the United Kingdom may administer the oath to Mr. Roper.

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5.

Shola McGregor, or if she is not available, Alan Bell, both court reporters

14 employed by Marten Walsh Cherer Ltd. (1st Floor, Quality House, 6 - 9 Quality Court, Chancery
15 Lane, London WC2A 1HP, United Kingdom), are hereby authorized to administer the oath to Mr.
16 Roper and preside over the deposition of Mr. Roper.
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6.

The deposition shall be videotaped by Marten Walsh Cherer Ltd.

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7.

Gallo shall pay all the expenses, fees, and charges of the witness whose deposition

19 is taken by such party, any charges of the officer presiding at or recording the deposition other
20 than for copies of the deposition, and any expenses involved in providing a place for the
21 deposition.
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8.

Gallo shall pay for the original of the deposition; and, upon payment of reasonable

23 charges therefor, the officer shall also furnish a copy of the deposition to any party or the
24 deponent.
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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
5 RIVER PARK PLACE EAST
FRESNO, CA 93720-1501

IT IS SO ORDERED.
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1:11-CV-00476-LGO-GSA
STIPULATION FOR TAKING OF DEPOSITION OF GRAHAM ROPER IN UNITED KINGDOM; AND ORDER
THEREON

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Dated:

September 18, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Sig nature-END:

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

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1:11-CV-00476-LGO-GSA
STIPULATION FOR TAKING OF DEPOSITION OF GRAHAM ROPER IN UNITED KINGDOM; AND ORDER
THEREON