Brady et al v. Deloitte & Touche LLP et al

Filing 187

ORDER re: Rule 26 (tf, COURT STAFF) (Filed on 5/5/2011)

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Attorneys for Defendant
DELOITTE & TOUCHE LLP

Illston

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usan
Judge S

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NO

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RDERE

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IT IS S

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LINDA E. SHOSTAK (CA SBN 64599)
[e-mail]
JAMES E. BODDY, JR. (CA SBN 65244)
[e-mail]
MARY F. HANSBURY (CA SBN 191121)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522

UNIT
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S DISTRICT
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F
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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C

SAN FRANCISCO DIVISION

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JAMES BRADY, SARAH CAVANAGH, and
IVA CHIU, individually and on behalf of all
others similarly situated,
Plaintiffs,

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v.

C-08-00177-SI

STIPULATION REGARDING
APPLICABILITY OF AMENDED
RULE 26
Dept.:
Judge: Honorable Susan Illston

DELOITTE & TOUCHE LLP, a limited liability
partnership; and DOES 1-10, inclusive,

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Defendants.
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STIPULATION REGARDING APPLICABILITY OF AMENDED RULE 26
CASE NO. C-08-00177-SI
sf-2961388

Case No.

Action Filed: January 10, 2008

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The parties to this action recognize that amendments to the Federal Rules of Civil

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Procedure effective December 1, 2010, have modified the requirements of Rule 26 with respect to

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communications, disclosures, and other matters relating to experts. The Supreme Court’s Order

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amending Rule 26 and dated April 28, 2010, indicates that the amendments shall govern

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proceedings pending as of December 1, 2010, “insofar as just and practicable.” See United States

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Supreme Court Order Amending Federal Rules of Civil Procedure, dated April 28, 2010. In order

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to remove doubt as to whether and when the 2010 amendments shall apply to the present action,

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and to provide that a single standard shall apply commencing as of the date of the filing of the

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original complaint, the parties have entered into this stipulation.

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Therefore, it is hereby stipulated and agreed by and between the parties, through their

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respective counsel, that the current provisions of Federal Rule of Civil Procedure 26, as amended

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December 1, 2010, (including without limitation the provisions relating to communications with

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experts) shall apply fully to the present action, commencing as of the date of filing of the original

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complaint.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
Dated: May 2, 2011

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LINDA E. SHOSTAK
JAMES E. BODDY, JR.
MARY F. HANSBURY
MORRISON & FOERSTER LLP
By:

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Attorneys for Defendant
DELOITTE & TOUCHE LLP

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/s/ James E. Boddy, Jr.
JAMES E. BODDY, JR.

Dated: May 2, 2011

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WILLIAM A. BAIRD
JEFFREY K. COMPTON
DARIA DUB CARLSON
MARKUN ZUSMAN & COMPTON LLP
By:

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/s/ William A. Baird
WILLIAM A. BAIRD
Attorneys for Plaintiffs and the
Certified Class

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STIPULATION REGARDING APPLICABILITY OF AMENDED RULE 26
CASE NO. C-08-00177-SI
sf-2961388

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ECF CERTIFICATION
I hereby attest that I have on file all holograph signatures for any signatures indicated by a
“conformed” signature (/s/) within this efiled document.

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/s/ James E. Boddy, Jr.
JAMES E. BODDY, JR.

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STIPULATION REGARDING APPLICABILITY OF AMENDED RULE 26
CASE NO. C-08-00177-SI
sf-2961388

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