Thomas Weisel Partners LLC et al v. BNP Paribas et al

Filing 153

STIPULATION AND ORDER EXTENDING DISCOVERY DEADLINE. Signed by Judge Marilyn Hall Patel on 10/5/2009. (ls, COURT STAFF) (Filed on 10/5/2009)

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DURIE TANGRI LLP RAGESH K. TANGRI (SBN 159477) JOHANNA CALABRIA (SBN 226222) 332 Pine Street, Suite 200 San Francisco, CA 94104 Telephone: [phone] [e-mail] [e-mail] Attorneys for Defendant PRAVEEN CHAKRAVARTY

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

THOMAS WEISEL PARTNERS LLC, a Delaware limited liability company, and THOMAS WEISEL INTERNATIONAL PRIVATE LIMITED, an Indian company, Plaintiffs, v. BNP PARIBAS, a French corporation, BNP PARIBAS SECURITIES (ASIA) LIMITED, a Hong Kong company, and PRAVEEN CHAKRAVARTY, an individual, Defendants.

Case No. 3:07-cv-06198-MHP STIPULATED REQUEST FOR AN ORDER EXTENDING DISCOVERY DEADLINES AND [PROPOSED] ORDER (Local Rule 6-2)

STIPULATED REQUEST TO EXTEND DISCOVERY DEADLINES & [PROPOSED] ORDER CASE NO. 3:07-cv-06198-MHP

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Pursuant to Civil Local Rule 6-2, IT IS HEREBY STIPULATED by and between the parties hereto through their respective attorneys of record that, if the Court approves, the current discovery deadlines in the above-captioned case be extended as set forth below. The stipulation is based on the following: 1. The parties have not yet completed depositions. Several factors have contributed

to the parties' inability to complete depositions by the current deadline of September 30, 2009. First, scheduling depositions in this case has required greater than usual coordination of parties' schedules because of the international travel required for all of the defendants' witnesses, which has included obtaining of visas and coordinating trips spanning over several days. Second, counsel for defendant Chakravarty filed a substitution of counsel on or about August 27, and has needed some additional time review tens of thousands of pages of documents in order to get up to speed in the case. Third, the parties had continuously worked in an attempt to resolve several disputes regarding the production of documents which pertain to the percipient witness depositions in this case. 2. Because of these facts, the parties have been unable to complete all fact witness

depositions by the current deadline of September 30, 2009. Accordingly, the parties request a 43-day extension--to November 13, 2009--of the current deadline to complete percipient witness depositions. During the proposed extension period, Plaintiffs anticipate completing the party depositions of Praveen Chakravarty, Phillipe Ditisheim, and Defendants BNP Paribas and BNP Paribas Securities (Asia) Limited. Defendants anticipate completing the party depositions of Mark Fisher, Thomas Weisel, Keith Gay, Plaintiffs Thomas Weisel and Thomas Weisel International Private Limited, and non party depositions of KV Dhillon, David Baylor, and Mike McCarthy. 3. The change in deadline to depose percipient witnesses necessitates a change in the

deadline for the exchange of expert reports (from October 30, 2009 to December 9, 2009) and to exchange expert rebuttal reports (from November 30, 2009 to January 11, 2009). 4. The parties have previously requested only one extension to Court-ordered

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STIPULATED REQUEST TO EXTEND DISCOVERY DEADLINES & [PROPOSED] ORDER CASE NO. 3:07-cv-06198-MHP

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deadlines. The proposed extensions to the discovery deadlines will not affect the close of expert discovery or close of fact discovery deadlines, the deadline to hear motions or the trial date set by the Court. 5. The current schedule and the proposed revised schedule that the parties have

stipulated to are shown in the chart below. Pretrial Deadline Last day for percipient witness depositions Exchange of expert reports Exchange of expert rebuttal reports Close of expert discovery Discovery cut-off Deadline to hear motions Trial Current Schedule 9/30/09 10/30/09 11/30/09 12/31/09 1/29/10 3/15/10 5/11/10 Stipulated Proposed Schedule 11/13/09 12/9/09 1/11/10 1/29/10 1/29/10 3/15/10 5/11/10

6.

The parties respectfully request that the Court grant their request.

Dated: October 2, 2009

DURIE TANGRI LLP By:_/s/Johanna Calabria_______________ Johanna Calabria Attorneys for Defendant PRAVEEN CHAKRAVARTY

DAVIS WRIGHT TERMAINE LLP By:_/s/Joseph E. Addiego III____________ Joseph E. Addiego III

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STIPULATED REQUEST TO EXTEND DISCOVERY DEADLINES & [PROPOSED] ORDER CASE NO. 3:07-cv-06198-MHP

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED:

-andCLIFFORD CHANCE US LLP By: /s/Steven T. Cottreau Steven T. Cottreau Attorneys for Defendants BNP PARIBAS and BNP PARIBAS SECURITIES (ASIA) LIMITED HOWARD RICE NEMEROVSKI CANADY FALK & RABKIN By: /s/Gilbert Serota Gilbert Serota Attorneys for Plaintiffs THOMAS WEISEL PARTNERS LLC and THOMAS WEISEL INTERNATIONL PRIVATE LIMITED FILER'S ATTESTATION Pursuant to General Order No. 45, Section X (B) regarding signatures, I, Johanna Calabria, attest that concurrence in the filing of this document has been obtained.

/s/ Johanna Calabria Johanna Calabria

October 5, 2009 Dated: _____________________

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Hon. Marilyn Hall Patel United States District Judge

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STIPULATED REQUEST TO EXTEND DISCOVERY DEADLINES & [PROPOSED] ORDER CASE NO. 3:07-cv-06198-MHP

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Gilbert Ross Serota Michael L. Gallo Steven T. Cottreau

CERTIFICATE OF SERVICE I certify that all counsel of record are being served on October 2, 2009 with a copy of this document via the Court's CM/ECF system. [e-mail] [e-mail] [e-mail] [e-mail] By: /s/ Johanna Calabria Johanna Calabria Attorneys for Defendant Praveen Chakravarty

Joseph E. Addiego III

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STIPULATED REQUEST TO EXTEND DISCOVERY DEADLINES & [PROPOSED] ORDER CASE NO. 3:07-cv-06198-MHP