California Earthquake Authority v. Metropolitan West Securities LLC, et al

Filing 66

STIPULATION and ORDER ON PARTIES' LIMITED PROTECTIVE ORDER AND PROTOCOL signed by Magistrate Judge Gregory G. Hollows on 07/05/12. (Benson, A.)

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MICHAEL J. STRUMWASSER (SBN 58413)
FREDRIC D. WOOCHER (SBN 96689)
PATRICIA T. PEI (SBN 274957)
STRUMWASSER & WOOCHER LLP
10940 Wilshire Boulevard, Suite 2000
Los Angeles, California 90024
Tel.: [phone] Fax: [phone]
E-mail: [e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff
California Earthquake Authority

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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David C. Powell (SBN 129781)
Email: [e-mail]
Jesse L. Miller (SBN 183229)
Email: [e-mail]
Christopher C. Foster (SBN 253839)
Email: [e-mail]
REED SMITH LLP
101 Second Street, Suite 1800
San Francisco, CA 94105-3659
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
Metropolitan West Securities, LLC and Wells
Fargo Bank, N.A., successor by merger to
Wachovia Bank, N.A.
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION

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CALIFORNIA EARTHQUAKE AUTHORITY,
Plaintiff,

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vs.
METROPOLITAN WEST SECURITIES, LLC;
WACHOVIA BANK, N.A.; and DOES 1 through
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No.: 2:10-CV-00291 MCE (GGH)
STIPULATION AND ORDER ON
PARTIES’ LIMITED PROTECTIVE
ORDER AND PROTOCOL
Date action removed: February 4, 2010
Trial date: October 7, 2013

Defendants.

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No.: 2:10-CV-00291 MCE (GGH)
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STIPULATION AND ORDER RE PARTIES’ LIMITED PROTECTIVE ORDER AND PROTOCOL

WHEREAS, Plaintiff California Earthquake Authority (“CEA”) and Defendants

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Metropolitan West Securities LLC (“MetWest”) and Wells Fargo Bank, N.A., successor by merger

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to Wachovia Bank, N.A. (collectively, “Defendants”) have been meeting and conferring in good

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faith to reach a protocol governing the discovery issues remaining in this case;
WHEREAS, the parties submitted a stipulation on June 29, 2012 that was signed by this

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Court on July 3, 2012, which left the issue of the protocol and protective order to govern the

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production of data from the most recent MetWest GroupWise backup tape to the CEA open subject

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to further negotiations (“Backup Tape Protocol and Protective Order”);
WHEREAS, the parties’ agreement contemplated that the parties would continue to meet and

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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confer in good faith regarding the Backup Tape Protocol and Protective Order, and that the parties

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would be able to reach a final agreement on the Backup Tape Protocol and Protective Order by

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July 3, 2012;
WHEREAS, the parties have continued to meet and confer in good faith on the Backup Tape

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Protocol and Protective Order;

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WHEREAS, the parties have determined that they need to obtain additional technical

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information regarding the restoration of the MetWest GroupWise backup tape before they can reach

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a final agreement on the Backup Tape Protocol and Protective Order;
WHEREAS, the necessary technical information regarding the restoration of the MetWest

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GroupWise backup tape will not be available to the parties for a minimum of two weeks;
NOW, THEREFORE, IT IS HEREBY STIPULATED by and among Plaintiff California

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Earthquake Authority and Defendants Metropolitan West Securities, LLC and Wachovia Bank,

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N.A., through the undersigned counsel, that the parties be permitted an additional two weeks within

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which to reach an agreement on the limited discovery protocol to govern the production of the most

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recent MetWest GroupWise backup tape. The parties shall file the Backup Tape Protocol and

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Protective Order on or before Tuesday, July 17, 2012.

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///

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///
No.: 2:10-CV-00291 MCE (GGH)
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STIPULATION AND ORDER RE PARTIES’ LIMITED PROTECTIVE ORDER AND PROTOCOL

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IT IS SO STIPULATED:

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DATED: July 3, 2012

REED SMITH LLP

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By

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/s/ Christopher Foster
David C. Powell
Jesse L. Miller
Christopher C. Foster
Attorneys for Defendants Metropolitan West
Securities, LLC and Wachovia Bank, N.A.

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DATED: July 3, 2012

STRUMWASSER & WOOCHER LLP

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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By____/s/ Patricia Pei_____________________________
Michael J. Strumwasser
Fredric D. Woocher
Patricia T. Pei

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Attorneys for Plaintiff California Earthquake
Authority

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IT IS SO ORDERED:
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Dated: July 5, 2012

/s/ Gregory G. Hollows
_______________________________
The Honorable Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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No.: 2:10-CV-00291 MCE (GGH)
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STIPULATION AND ORDER RE PARTIES’ LIMITED PROTECTIVE ORDER AND PROTOCOL