Harris v. Vector Marketing Corporation

Filing 217

STIPULATION AND ORDER RE JENNIFER SEPULVEDA re #216 Stipulation filed by Vector Marketing Corporation. Signed by Judge Edward M. Chen on 7/26/10. (bpf, COURT STAFF) (Filed on 7/26/2010)

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A limited liability partnership formed in the State of Delaware

John P. Zaimes (SBN 91933) [e-mail] Roxanne M. Wilson (SBN 94627) [e-mail] John H. Lien (SBN 222842) [e-mail] REED SMITH LLP 355 South Grand Avenue, Suite 2900 Los Angeles, CA 90071-1514 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant Vector Marketing Corporation UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ALICIA HARRIS, as an individual and on behalf of all others similarly situated, Plaintiffs, vs. VECTOR MARKETING CORPORATION, a Pennsylvania corporation; and DOES 1 through 20, inclusive, Defendants. No.: CV 08-5198 EMC STIPULATION AND [PROPOSED] ORDER RE JENNIFER SEPULVEDA Complaint Filed: October 15, 2008 Trial Date: June 6, 2011

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STIPULATION AND [PROPOSED] ORDER RE JENNIFER SEPULVEDA
US_ACTIVE-104160802.1

REED SMITH LLP

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A limited liability partnership formed in the State of Delaware

Plaintiff Alicia Harris ("plaintiff" or "Harris") and Defendant Vector Marketing Corporation ("defendant" or "Vector") enter into this stipulation with reference to the following facts: RECITALS A. On or about July 16, 2010, Vector served plaintiff's sister, Jennifer Sepulveda ("Sepulveda"), with whom plaintiff resided during the summer of 2008, with a subpoena to testify at a deposition set for July 28, 2010 and further requested the production of, among other things, documents and materials related to plaintiff's services as a Sales Representative for defendant. B. In response to said subpoena for testimony and production of documents, plaintiff represents, pursuant to Federal Rule of Civil Procedure 26, that Sepulveda has not and does not have, within her possession, custody, or control: (i) any discoverable information, along with the subjects of that information, that plaintiff would use in support of her claims; and (ii) any information that may lead to the further discovery of any matter related to plaintiff's claims or defendant's defenses. STIPULATION NOW, THEREFORE, it is hereby stipulated by the parties, through their respective counsel of record, as follows: 1. this action. 2. In connection with any pre-trial or other proceedings in this action, including, but not limited to written or oral discovery, any pleadings filed with the Court, or oral argument made by plaintiff's counsel, plaintiff shall not: (i) identify Sepulveda as a witness in this action with information, either direct, indirect, or in any other derivative manner, related to the existence or non-existence of any fact relevant to plaintiff's claims or defendant's defenses in this action; or Plaintiff shall not identify Sepulveda or call her to testify as a witness in

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REED SMITH LLP

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STIPULATION AND [PROPOSED] ORDER RE JENNIFER SEPULVEDA

US_ACTIVE-104160802.1

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A limited liability partnership formed in the State of Delaware

(ii) introduce or rely upon any evidence directly, indirectly, or in any other derivative manner provided to plaintiff by Sepulveda. IT IS SO STIPULATED. Dated: July 21, 2010 REED SMITH LLP By /s/ Roxanne M. Wilson Attorneys for Defendant VECTOR MARKETING CORPORATION

Dated: July 21, 2010

MARLIN & SALTZMAN LLP By /s/ Christina Humphrey Attorneys for Plaintiff ALICIA HARRIS

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REED SMITH LLP

ORDER Based on the above stipulation, IT IS SO ORDERED.
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US_ACTIVE-104160802.1

STIPULATION AND [PROPOSED] ORDER RE JENNIFER SEPULVEDA

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Honorable Edward M. ChenD DERE United States DistrictSCourt Magistrate Judge SO OR IT I
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