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

Filing 71

STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 7/19/2012 GRANTING 70 the parties Stipulation for Protective Order. (Reader, L)

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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
25,

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 finalize a protective order and discovery protocol regarding the data contained on

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Defendants’ last backup tape of defendants’ prior e-mail system (“MetWest GroupWise Backup

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Tape”);
WHEREAS, the parties submitted a stipulation on July 3, 2012 anticipating that a minimum

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of two additional weeks would be needed to locate and retrieve the tape and obtain technical

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information regarding the cost of the restoration of the MetWest GroupWise Backup Tape, and the

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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Court granted that stipulation on July 6, 2012;
WHEREAS, Defendants have located and obtained the MetWest GroupWise Backup Tape,

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but do require additional time to obtain technical information regarding the cost of its restoration;

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WHEREAS, the parties anticipate that three additional weeks will be necessary in order to

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obtain that technical information and finalize the discovery protocol;
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 three weeks within

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which to reach an agreement on the limited discovery protocol. The parties shall file the Backup

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Tape Protocol and Protective Order as soon as practicable but in no case later than Tuesday,

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August 7, 2012 without further order of the Court.

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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 17, 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 17, 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 19, 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