United States of America v. Zurich Insurance Company et al

Filing 142

STIPULATION AND ORDER re 140 Stipulation, filed by Zurich American Insurance Company, Steadfast Insurance Company. Signed by Magistrate Judge Elizabeth D. Laporte on October 8, 2010. (edllc2, COURT STAFF) (Filed on 10/8/2010)

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United States of America v. Zurich Insurance Company et al Doc. 142 Case3:08-cv-05005-MMC Document140 Filed10/07/10 Page1 of 3 1 2 3 4 5 6 7 MELINDA HAAG United States Attorney JOANN M. SWANSON Chief, Civil Division CHARLES M. O'CONNOR JONATHAN U. LEE Assistant United States Attorneys 450 Golden Gate Avenue, 9th Floor San Francisco, California 94102 Telephone: 415-436-6909 Facsimile: 415-436-6748 ATTORNEYS FOR UNITED STATES OF AMERICA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 v. ZURICH INSURANCE COMPANY, ZURICH, AMERICAN INSURANCE COMPANY and STEADFAST INSURANCE COMPANY, Defendant. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION UNITED STATES OF AMERICA, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) No. 08-05005 MMC STIPULATION REGARDING LIMITED REOPENING OF DISCOVERY TO ALLOW DEFENDANTS TO SUBPOENA DOCUMENTS FROM UC BERKELEY Attorneys for Defendants and Counter-Claimant ZURICH AMERICAN INSURANCE COMPANY and STEADFAST INSURANCE COMPANY Squire, Sanders & Dempsey L.L.P. Ethan A. Miller (State Bar # 155965) David A. Gabianelli (State Bar # 158170) Ethan H. Seibert (State Bar # 232262) Michelle M. Full (State Bar # 240973) 275 Battery Street, Suite 2600 San Francisco, California 94111 Telephone: +1.415.954.0200 Facsimile: +1.415.393.9887 E-mail: eamiller@ssd.com E-mail: dgabianelli@ssd.com E-mail: eseibert@ssd.com E-mail: mfull@ssd.com Dockets.Justia.com Case3:08-cv-05005-MMC Document140 Filed10/07/10 Page2 of 3 1 2 3 4 At a meet and confer discussion held in accordance with the Court's instructions, the parties have agreed and hereby stipulate as follows: Defendants filed a motion to compel certain depositions arising from the recent production of a document, after the September 10, 2010 discovery cut-off, by The Presidio Trust. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 IT IS SO STIPULATED. 20 21 22 23 24 25 26 27 28 2 Dated: October 7, 2010 MELINDA HAAG United States Attorney /s/ Jonathan U. Lee JONATHAN U. LEE CHARLES M. O'CONNOR Assistant U.S. Attorneys COUNSEL FOR PLAINTIFF By: __ 15, 2010. The three subpoenas were directed to U.C. Berkeley, as well as U.C. Berkeley employees Roger Byrne and Liam Reidy. The documents may be produced forthwith. At At plaintiff's request, defendants withdrew the motion to allow for further meet and confer discussion. Defendants have agreed to withdraw the motion without prejudice until after having reviewed documents produced pursuant to the subpoenas and further meet and confer as to which depositions may be appropriate. Accordingly, discovery may be re-opened to permit the subpoena of documents from U.C. Berkeley, per the three subpoenas issued by defendants' counsel on September 24, 2010, requesting depositions and production of documents on October present, it is contemplated that the documents sought by the subpoenas will be produced no later than October 8, 2010. Based on this meeting today, Plaintiff and Defendants hereby agree that Defendants shall have until October 15, 2010 to move to compel the depositions as described above. Case3:08-cv-05005-MMC Document140 Filed10/07/10 Page3 of 3 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 Dated: October 7, 2010 SQUIRE, SANDERS & DEMPSEY LLP /s/ Ethan A. Miller ETHAN A. MILLER COUNSEL FOR DEFENDANTS STEADFAST INSURANCE COMPANY AND ZURICH AMERICAN INSURANCE COMPANY PURSUANT TO STIPULATION, IT IS SO ORDERED. 8 Date: October ____, 2010 ____________________________________ Hon. ELIZABETH D. LAPORTE UNITED STATES MAGISTRATE JUDGE Stipulation USA v. Zurich, et al., Action 08-05005 MMC 3

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