AT&T Mobility, LLC v. Yeager, et al.

Filing 146

ORDER signed by Judge Kimberly J. Mueller on 1/15/2015. The hearing on Parsons Behle's #144 Motion to Enforce Subpoena is ADVANCED to 2/5/2015 at 2:30 PM in Courtroom 3 (KJM). Any further Motions to Enforce Subpoenas, to Require Production of Documents, for Protective Orders, Motions In Limine, and similar Motions related to Evidentiary Hearing on 2/24/2015, shall be filed no later than Monday, 2/2/2015. Memoranda filed in support of such Motions shall be limited to 10 pages, and each Motion must include a Statement describing parties' efforts to meet and confer to resolve disputes. Responses shall be argued at the pre-hearing status conference on 2/5/2015. The deadline for submission of a joint pre-hearing stipulation and report is RE-SET for Monday, 2/2/2015. (Marciel, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AT&T MOBILITY LLC,

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Plaintiff,

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No. 2:13-cv-0007-KJM-DAD

v.

ORDER

GENERAL CHARLES E.
“CHUCK”YEAGER (RET.); ED
BOWLIN; CONNIEBOWLIN;
AVIATION AUTOGRAPHS;BOWLIN &
ASSOCIATES, INC.; LAWOFFICES OF
JOANNA R. MENDOZA,P.C.; DE LA
PENA & HOLIDAY, LLP; LESSER LAW
GROUP,
Defendants.

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An evidentiary hearing is set in this case for Feburary 24, 2015. Order, ECF No.

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139; Minute Order, ECF No. 141. At the hearing, General Charles E. “Chuck” Yeager (Ret.) may

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present evidence to support his assertion that R. Parker White, his counsel, did not have authority

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to enter a settlement agreement on his behalf with Parsons, Behle & Latimer. See Order 8, ECF

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No. 139. In addition, the court has instructed the parties to file a joint pre-hearing stipulation and

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report by January 29, 2015, and attend a pre-hearing status conference on February 5, 2015.

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Minute Order, ECF No. 141.

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On January 14, 2015, Parsons Behle filed a motion to enforce its subpoena to

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produce documents against Poswall, White & Cutler. ECF No. 144. It noticed a hearing on its

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motion for February 27, 2015. Id. Parsons Behle’s subpoena required production of “all

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communications between PWC and Yeager regarding the settlement agreement and the vacating

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of the trial.” Mem. P.&A. 1, ECF No. 144-1.

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On January 14, 2015, the court granted R. Parker White’s request to withdraw as
attorney for General Charles E. “Chuck” Yeager (Ret.). Order, ECF No. 145.

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In the interest of an efficient and just resolution of this matter, to avoid duplicative
or ineffective motions to enforce subpoenas, and in anticipation of potential evidentiary disputes
before the February status conference and hearing, the court orders as follows:

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(1) The hearing on Parsons Behle’s motion to enforce the subpoena is
ADVANCED to Thursday, February 5, 2015, at 2:30pm.

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(2) Any further motions to enforce subpoenas, to require production of documents,

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for protective orders, motions in limine, and similar motions related to the evidentiary hearing on

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February 24, 2015, shall be filed no later than Monday, February 2, 2015. Memoranda filed in

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support of such motions shall be limited to ten pages, and each motion must include a statement

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describing the parties’ efforts to meet and confer to resolve disputes. Responses shall be argued

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at the pre-hearing status conference on February 5, 2015.

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(3) The deadline for submission of a joint pre-hearing stipulation and report is

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RESET for Monday, February 2, 2015. As previously ordered, this joint stipulation and report

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shall list (a) disputed and undisputed questions of fact, (b) exhibits each party may present at the

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hearing, (c) witnesses each party may call at the hearing, and (d) any evidentiary objections.

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(4) Any request to alter this schedule shall be granted only on a showing of good
cause.
IT IS SO ORDERED.
DATED: January 15, 2015.

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UNITED STATES DISTRICT JUDGE

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