Tenerelli v. Rite Aid Corporation

Filing 12

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 8/14/2018 ORDERING that counsel Robert Bowman, counsel Jonathan Allan Klein, and Plaintiff Peter Tenerelli shall participate in a telephonic conference call with the undersigned on 8/22/2018 at 10:00 A.M. Further, the 8/22/2018 hearing on the 10 Motion to Compel is VACATED. (Washington, S)

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ROBERT C. BOWMAN, JR. (SBN 232388)
[e-mail]
LAW OFFICES OF BOWMAN & ASSOCIATES
3230 Ramos Circle
Sacramento, CA 95827
Tel.: [phone]
Fax: [phone]
Attorney for Plaintiff
PETER TENERELLI
JONATHAN A. KLEIN (SBN 162071)
[e-mail]
SWETA H. PATEL (SBN 247115)
[e-mail]
ANNE F. MARCHANT (SBN 154356)
[e-mail]
KLEIN, HOCKEL, IEZZA & PATEL P.C.
455 Market Street, Suite 1480
San Francisco, CA 94105
Tel.: [phone]
Fax: [phone]
Attorneys for Defendant
RITE AID HDQTRS. CORP. (erroneously sued as RITE AID CORPORATION)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PETER TENERELLI, an individual,

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Plaintiff,

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vs.
RITE AID CORPORATION; and
DOES 1 through 100, inclusive,
Defendants.

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Case No.: 2:17-CV-01011-JAM-EFB
JOINT STIPULATIONS WITH
RESPECT TO DEFENDANT’S
MOTION TO COMPEL; REQUEST
FOR TELEPHONIC
CONFERENCE WITH
MAGISTRATE JUDGE; AND
PROPOSED ORDER
Hearing Date:
Time:
Courtroom:

August 22, 2018
10:00 a.m.
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JOINT STIPULATIONS WITH RESPECT TO DEFENDANT’S MOTION TO COMPEL;
REQUEST FOR TELEPHONIC CONFERENCE WITH MAGISTRATE JUDGE; AND
PROPOSED ORDER

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On July 6, 2018, defendant Rite Aid Hdqtrs. Corp. ("Rite Aid"), filed a

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discovery motion seeking an order compelling plaintiff Peter Tenerelli (“Plaintiff”)

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to search for and produce all relevant and requested documents in his possession,

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custody or control, including electronically stored information and data;

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compelling Plaintiff to produce the original documents requested in the Amended

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Notice of Second Day of Deposition of Plaintiff Peter Tenerelli and Request for

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Production of Documents at Deposition; compelling Plaintiff to respond only to the

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specific questions asked of him at deposition; ordering Plaintiff’s counsel to limit

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his objections as required by Rule 30(c)(2); ordering Plaintiff’s counsel to wear his

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microphone during all videotaped depositions in this matter; and ordering

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sanctions against Plaintiff and his counsel for impeding and prolonging discovery

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in this matter.

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The parties have met and conferred in an effort to resolve their differences,
and are pleased to report the following stipulations:
1.

Plaintiff’s counsel has instructed Plaintiff regarding his discovery

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obligations under the Federal Rules of Civil Procedure and Plaintiff has searched

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his files, computers, thumb drives and family member’s computers and has agreed

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to produce all Rite Aid documents and documents relevant to this action, including

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electronically stored information, emails and data, not previously produced in this

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matter. Plaintiff has executed a declaration indicating that he has conducted a

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thorough search of all of his files, computers, drives, etc. and has agreed to provide

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a further declaration confirming that he has produced to Rite Aid everything

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related to this case in his possession, custody or control. A true and correct copy of

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Mr. Tenerelli’s July 17, 2018 Declaration is attached hereto as Exhibit A.

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2.

On July 12, 2018 and July 18, 2018, Plaintiff produced to Rite Aid the

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original documents requested in the Amended Notice of Second Day of Deposition

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of Plaintiff Peter Tenerelli and Request for Production of Documents at

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Deposition.
JOINT STIPULATIONS WITH RESPECT TO DEFENDANT’S MOTION TO COMPEL;
REQUEST FOR TELEPHONIC CONFERENCE WITH MAGISTRATE JUDGE; AND
PROPOSED ORDER
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3.

With respect to the request for an order compelling Plaintiff to

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respond to the specific questions asked of him at deposition, the parties seek a

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telephonic conference call between Magistrate Judge Edmund Brennan, Plaintiff

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Peter Tenerelli, counsel Robert Bowman for Plaintiff, and Jonathan Allan Klein for

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Rite Aid.

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4.

Defendant, without the agreement of Plaintiff and his counsel, wishes

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the Court to be informed that Mr. Klein repeatedly instructed Plaintiff during his

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March 5, 2018 deposition and May 21, 2018 deposition of the necessity to answer

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only the questions asked and not provide a non-responsive narrative, Plaintiff

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repeatedly evaded or ignored this instruction. Examples of this conduct are

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reflected in the following portions of Plaintiff’s depositions: 36:3-42:8; 47:19-48:8;

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54:22-60:19; 125:7-126:4; 130:21-132:3; 134:1-135:8; 155:5-156:9; 159:20-160:9;

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163:10-24; 213:3-215:8; 291:17-292:10. Electronic copies of the deposition

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transcripts will be emailed to the Magistrate Judge and all counsel, as set forth in

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Local Rule 133(j). Defendant believes that this information is relevant to the

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disputed discovery issues, will assist the Magistrate Judge to understand the issues,

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and assist the parties to streamline the deposition process.

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5.

Both Mr. Bowman and Mr. Klein ask that Magistrate Judge Brennan

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speak with Plaintiff Tenerelli via telephone to provide instruction to Plaintiff that

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he is to respond to the questions asked during his deposition and that he must

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respond only to the question posed and not include non-responsive narrative

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testimony. In order to ensure that Plaintiff Tenerelli complies with these

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instructions moving forward at the third session of his deposition, Rite Aid

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requests that the Magistrate Judge instruct Plaintiff Tenerelli that if he fails to

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comply with the instructions, he will face sanctions and Mr. Bowman requests that

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the Magistrate Judge instruct Plaintiff Tenerelli that if he fails to comply with the

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instructions, he may face sanctions. The parties seek the Magistrate Judge’s

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suggestions as to mechanisms to ensure that the Plaintiff Tenerelli follows the
JOINT STIPULATIONS WITH RESPECT TO DEFENDANT’S MOTION TO COMPEL;
REQUEST FOR TELEPHONIC CONFERENCE WITH MAGISTRATE JUDGE; AND
PROPOSED ORDER
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court’s instructions during his subsequent deposition testimony, such as the use of

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a discovery referee during the deposition, to be paid for by Plaintiff, if he fails to

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comply with the court’s order to respond to the questions asked and to refrain from

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responding with non-responsive narrative.
6.

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in Rule 30(c)(2).
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Counsel agree to limit their objections during depositions as set forth
Counsel agree to use a microphone at all videotaped depositions in

this matter.
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Counsel agree to cooperate to set a mutually convenient date and time

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for the deposition of Mr. Tenerelli, which shall be held at a location within 100

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miles of the courthouse.
9.

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Counsel will coordinate with the court clerk to determine a mutually

convenient time for the conference call referenced in Paragraphs 3 and 5.

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Based on the forgoing stipulation, Rite Aid will withdraw the pending

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motion to compel upon Plaintiff’s participation in the above-referenced conference

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call.

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DATED: August 14, 2018

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LAW OFFICES OF BOWMAN & ASSOCIATES
/s/ Robert C. Bowman Jr.
___________________________________
ROBERT C. BOWMAN JR.
Attorney for Plaintiff
PETER TENERELLI

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DATED: August 14, 2018

KLEIN, HOCKEL, IEZZA & PATEL P.C.
/s/ Anne F. Marchant
___________________________________
JONATHAN ALLAN KLEIN
SWETA H. PATEL
ANNE F. MARCHANT
Attorneys for Defendant
RITE AID HDQTRS. CORP.

JOINT STIPULATIONS WITH RESPECT TO DEFENDANT’S MOTION TO COMPEL;
REQUEST FOR TELEPHONIC CONFERENCE WITH MAGISTRATE JUDGE; AND
PROPOSED ORDER
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ORDER

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Having read the above joint stipulations regarding discovery dispute, and

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good cause appearing, it is hereby ordered that the above stipulations are adopted

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and all parties must comply with the stipulations as set forth herein. Counsel

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Robert Bowman, counsel Jonathan Allan Klein, and Plaintiff Peter Tenerelli shall

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participate in a telephonic conference call with the undersigned on August 22,

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2018 at 10:00 a.m. All participants shall connect to the conference system no later

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than 10:00 a.m. by calling [phone], using access code 8238380 plus # and

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security code 4223 plus #. Further, the August 22, 2018 hearing on defendant’s

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motion to compel (ECF No. 10) is vacated.
IT IS SO ORDERED.

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Dated: August 14, 2018.

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___________________________________
EDMUND F. BRENNAN
UNITED STATES MAGISTRATE JUDGE

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JOINT STIPULATIONS WITH RESPECT TO DEFENDANT’S MOTION TO COMPEL;
REQUEST FOR TELEPHONIC CONFERENCE WITH MAGISTRATE JUDGE; AND
PROPOSED ORDER
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