Newcal Industries, Inc. et al v. Ikon Office Solutions, Inc., et al

Filing 134

ORDER GRANTING STIPULATION RE: PROTECTIVE ORDER REGARDING EXPERT DISCOVERY FOR RELATED CASES. Signed by Judge JEFFREY S. WHITE on 8/29/11. (jjoS, COURT STAFF) (Filed on 8/29/2011)

Case3:10-cv-05974-JSW Document51-2

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Filed08/26/11 Page1 of 4

BINGHAM MCCUTCHEN LLP
HOLLY A. HOUSE (SBN 136045)
[e-mail]
BRIAN C. ROCCA (SBN 221576)
[e-mail]
Three Embarcadero Center
San Francisco, CA 94111-4067
Telephone: [phone]
GREGORY F. WELLS (SBN 212419)
[e-mail]
2020 K Street, NW
Washington, DC 20006-1806
Telephone: [phone]

MUNGER, TOLLES & OLSON LLP
JOSEPH D. LEE (SBN 110840)
[e-mail]
355 South Grand Avenue. 35th Fl.
Los Angeles, CA 90071-1560
Telephone: [phone]
HOJOON HWANG (SBN 184950)
[e-mail]
560 Mission Street, 27th Fl.
San Francisco, CA 94105-9781
Telephone: [phone]

Attorneys for Defendant
IKON Office Solutions, Inc.

Attorneys for Defendant
General Electric Capital Corporation

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HENNEFER, FINLEY & WOOD, LLP
JAMES A. HENNEFER (SBN 059490)
[e-mail]
425 California Street, 19th Floor
San Francisco, CA 94104
Telephone: [phone]

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Attorneys for Plaintiffs

BLECHER & COLLINS, LLP
MAXWELL M. BLECHER (SBN 026202)
[e-mail]
DONALD PEPPERMAN (SBN 109809)
[e-mail]
515 S. Figueroa, Suite 1750
Los Angeles, CA 90071
Telephone: [phone]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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NEWCAL INDUSTRIES, INC., et al.,

Civil No. 04-2776 JSW

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Plaintiffs,
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v.
IKON OFFICE SOLUTIONS, INC., et al.,

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Defendants.

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GLOBAL SERVICES, LLC, et al.,

Civil No. 10-5974 JSW

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Plaintiffs,
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v.
IKON OFFICE SOLUTIONS, INC., et al,

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Defendants.

[PROPOSED] STIPULATION AND
PROTECTIVE ORDER
REGARDING EXPERT DISCOVERY
FOR RELATED CASES
Judge: Hon. Jeffrey S. White

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Case Nos. 04-2776-JSW & 10-5974-JSW

[PROPOSED] STIPULATION AND PROTECTIVE ORDER REGARDING EXPERT DISCOVERY
FOR RELATED CASES

Case3:10-cv-05974-JSW Document51-2

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Filed08/26/11 Page2 of 4

In order to avoid consuming the parties’ and the Court’s time and resources on potential

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discovery issues relating to experts, plaintiffs Newcal Industries, Inc., CPO, Ltd., Pinnacle

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Document Systems, Inc., Pacific Office Automation, Inc. and Kearns Business Solutions, Inc.

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(collectively the “Newcal Plaintiffs”), plaintiffs Global Services, LLC, Simile Imaging Solutions,

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Wood Business Systems, New England Copy Specialists, Inc., Ray Morgan Company,

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Documation of Austin, Inc., Documation of East Texas, Inc., Documation of North Texas, Inc.,

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Documation of San Antonio, Inc., Copytex, Inc., and ASI Business Solutions, Ltd. (collectively,

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“Global Services Plaintiffs”) and defendants IKON Office Solutions, Inc. (“IKON”) and General

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Electric Capital Corporation (“GECC”) d/b/a IKON Financial Services (collectively,

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“Defendants” and, together with Newcal Plaintiffs and Global Services Plaintiffs, the “Parties”)

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have agreed to certain limitations on the scope of expert-related discovery. Subject to the

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Court’s approval, the Parties hereby stipulate to the following Stipulation and Protective Order

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Regarding Expert Discovery (“Expert Discovery Stipulation”).

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1.

Rule 26(b)(4), Fed. R. Civ. P., including amendments that became effective on

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December 1, 2010, shall govern the scope of expert discovery in both Newcal Industries, Inc. v.

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IKON Office Solutions, Inc., No. 04-2776 JSW and in the related case of Global Services, LLC v.

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IKON Office Solutions, Inc., No. 10-5974 JSW.

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2.

In addition to the protections set forth in Rule 26(b)(4), Rules 26(b)(3)(A) and

(B), Fed. R. Civ. P., shall protect the following:
a.

Communications (regardless of their form) between any witness required

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to provide a report under Rule 26(a)(2)(B) (the “Expert”) and the Expert’s assistants or staff,

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other experts, or non-testifying expert consultants, except to the extent that the communications:

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(i) relate to compensation for the Expert’s study or testimony; (ii) identify facts or data that were

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provided to the Expert and that the Expert considered in forming the opinions to be expressed in

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these matters; or (iii) identify assumptions that were provided to the Expert and that the Expert

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relied on in forming the opinions to be expressed in these matters; and

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b.

Notes, memoranda, and writings taken or prepared by the Expert in

connection with these matters, except to the extent that they: (i) relate to compensation for the
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Case Nos. 04-2776-JSW & 10-5974-JSW
PROPOSED] STIPULATION AND PROTECTIVE ORDER REGARDING EXPERT DISCOVERY
FOR RELATED CASES

Case3:10-cv-05974-JSW Document51-2

Filed08/26/11 Page3 of 4

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Expert’s study or testimony; (ii) identify facts or data that the Party’s attorney provided and that

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the Expert considered in forming the opinions to be expressed in these matters; or (iii) identify

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assumptions that the Party’s attorney provided and that the Expert relied on in forming the

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opinions to be expressed in these matters; or

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c.

Preliminary, intermediate or draft materials (including, but not limited to,

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draft reports, draft studies, draft work papers; preliminary or intermediate calculations,

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computations or data runs) prepared by, for or at the direction of the Expert; provided, however,

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that any documents, data or materials relied on by the Expert or customized computer programs

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used to generate final results relied on by the Expert shall be subject to discovery and shall be

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produced.

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3.

In addition to the limitations on discovery set forth in Paragraphs 1 and 2 above,

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the Parties agree that any data or information that may have been considered by the Expert but

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was not relied on by the Expert in forming his or her opinions in these matters need not be

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disclosed or produced. Nothing in Paragraphs 1, 2, or 3, however, shall be construed to prevent

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substantive deposition questions with respect to any non-privileged data or information that may

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be relevant to the substance of the Expert’s opinions, including, but not limited to, alternative

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theories, methodologies, variables, or assumptions that the Expert may have considered in

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formulating his or her opinions or in preparing his or her report.

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4.

The Parties agree that no Party may discover or permit testimony about facts

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known, opinions held or documents prepared, collected or considered by a non-testifying expert

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or consultant, unless they were provided to and considered by the testifying Expert in forming

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his or her opinions in these matters.

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5.

Neither the terms of this Expert Discovery Stipulation nor the Parties’ agreement

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to them implies that any of the information restricted from discovery in this stipulation would

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otherwise be discoverable.

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//
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Case Nos. 04-2776-JSW & 10-5974-JSW

PROPOSED] STIPULATION AND PROTECTIVE ORDER REGARDING EXPERT DISCOVERY
FOR RELATED CASES

Case3:10-cv-05974-JSW Document51-2

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6.

Filed08/26/11 Page4 of 4

The Parties agree to comply with this Expert Discovery Stipulation pending the

Court’s approval and entry of this order.1

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD:

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DATED: August 26, 2011
BINGHAM McCUTCHEN LLP

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By:

/s/
Holly A. House
Attorneys for Defendant
IKON Office Solutions, Inc.

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DATED: August 26, 2011
MUNGER TOLLES & OLSON LLP

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By:

/s/
Joseph D. Lee
Attorneys for Defendant
General Electric Capital Corporation

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DATED: August 26, 2011
HENNEFER, FINLEY & WOOD, LLP

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By:

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/s/
James A. Hennefer
Attorneys for Plaintiffs

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IT IS SO ORDERED:

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DATED: August 29

, 2011

By:
Jeffrey S. White
United States District Court Judge

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Holly A. House, counsel for IKON, has obtained the consent of Joseph D. Lee and James A.
Hennefer to file this document.

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Case Nos. 04-2776-JSW & 10-5974-JSW

PROPOSED] STIPULATION AND PROTECTIVE ORDER REGARDING EXPERT DISCOVERY
FOR RELATED CASES