Securities & Exchange Commission v. Sabhlok et al

Filing 71

ORDER setting discovery deadlines re 65 Stipulation filed by Securities & Exchange Commission. Signed by Judge Charles R. Breyer on 10/13/09. (be, COURT STAFF) (Filed on 10/14/2009)

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MARC J. FAGEL (Cal. Bar No. 154425) SUSAN F. LAMARCA (Cal. Bar No. 215231) [e-mail] ROBERT L. TASHJIAN (Cal. Bar No. 191007) [e-mail] WILLIAM T. SALZMANN (Cal. Bar No. 205808) [e-mail] Attorneys for Plaintiff SECURITIES AND EXCHANGE COMMISSION 44 Montgomery Street, Suite 2600 San Francisco, California 94104 Telephone: [phone] Facsimile: [phone]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. RAJ P. SABHLOK, and MICHAEL C. PATTISON Defendants.

Case No. C-08-04238 CRB STIPULATION AND [PROPOSED] ORDER SETTING DISCOVERY DEADLINES

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STIPULATION WHEREAS the Court has scheduled the trial in this case to commence on January 25, 2010,

3 and has further scheduled a pretrial conference for January 21, 2010. 4 WHEREAS defendant Raj P. Sabhlok and defendant Michael C. Pattison have each recently

5 served notices of deposition for witnesses, including for persons whom the parties have learned are 6 not available for a deposition until November 2009. 7 WHEREAS absent an agreement or Court order setting a different schedule, the deadline for

8 disclosures of expert testimony pursuant to Fed. R. Civ. Proc. 26(a)(2) would fall on October 27, 9 2009 (with rebuttal expert disclosures due on November 27, 2009). 10 WHEREAS plaintiff Securities and Exchange Commission (the "Commission") and

11 defendants, through their respective counsel, have met and conferred in order to discuss how the 12 intended discovery may be completed in advance of trial and have determined that the following 13 schedule will provide for the intended discovery while also providing for necessary deadlines. 14 IT IS THEREFORE STIPULATED AND AGREED, by and between the Commission and

15 defendants Sabhlok and Pattison, through their respective counsel, as follows: 16 1. Subject to the exceptions set forth herein, the discovery cut-off for fact discovery shall

17 be November 13, 2009: 18 19 20 21 22 23 a. An exception shall be made in order to accommodate the following depositions: i. ii. iii. Dennis Wong, whose deposition will be completed by Nov. 16, 2009; Tim Chou, whose deposition will be completed by Nov. 18, 2009; Any deposition of Gary Haroian, Michael Roberts or Wayne Williams will be completed by Nov. 20, 2009. b. An exception shall be made in order to accommodate the deposition of Stephen

24 Wong, and any Court intervention in advance of such a deposition; although the parties expect the 25 deposition may occur no later than November 18, 2009, if additional time is necessary in order to 26 obtain the Court's assistance, the deposition will occur on or before December 18, 2009. 27 2. The deadline for the parties to disclose, pursuant to Fed. R. Civ. Proc. 26(a)(2), any

28 witness who may be used at trial to present expert opinions (except opinions to be offered solely to
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1 contradict or rebut evidence on the same subject identified by another party) is November 13, 2009; 2 in addition, any deposition of a person so disclosed shall be taken not later than December 4, 2009. 3 3. The deadline for the parties to disclose, pursuant to Fed. R. Civ. Proc. 26(a)(2), any

4 witness who may be used at trial to present expert opinions solely to contradict or rebut evidence on 5 the same subject identified by another party is December 4, 2009; in addition, any deposition of a 6 person so disclosed shall be taken not later than December 18, 2009. 7 8 9 DATED: October 9, 2009 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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STIPULATED AND AGREED TO:

Respectfully Submitted,

/s/ Susan F. LaMarca Susan F. LaMarca Attorneys for Plaintiff SECURITIES AND EXCHANGE COMMISSION

/s/ James H. Vorhis James H. Vorhis Nossaman LLP Attorneys for Defendant MICHAEL C. PATTISON

/s/ Ronda J. McKaig Ronda J. McKaig Skadden, Arps, Slate, Meagher & Flom LLP Attorneys for Defendant RAJ P. SABHLOK

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PURSUANT TO STIPULTION, IT IS SO ORDERED.

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Charles R. Breyer ED UNITED STATESO ORDER JUDGE S DISTRICT

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DATED: Oct. 13, 2009

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