Wolph et al v. ACER America Corporation

Filing 69

ORDER GRANTING 67 Joint Stipulation REGARDING EXPERT DISCOVERY. Signed by Judge Jeffrey S. White on 1/14/10. (jjo, COURT STAFF) (Filed on 1/14/2010)

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1 DANIEL L. WARSHAW (Bar No. 185365) 2 PEARSON, SIMON, WARSHAW & PENNY, LLP 3 Sherman Oaks, CA 91403

[e-mail]

15165 Ventura Boulevard, Suite 400 Telephone: [phone] [e-mail]

4 Facsimile: [phone]

5 MICHAEL P. LEHMANN (Bar No. 77152) 6 HAUSFELD, LLP

7 San Francisco, CA 94104

44 Montgomery Street, Suite 3400 Telephone: [phone] Class

8 Facsimile: [phone]

9 Attorneys for Plaintiffs and the Proposed
PEARSON, SIMON, WARSHAW & PENNY, LLP

10
15165 VENTURA BOULEVARD, SUITE 400 SHERMAN OAKS, CALIFORNIA 91403

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

LORA AND CLAY WOLPH, on behalf of 14 themselves and all others similarly situated, 15 16 vs. Plaintiffs,

CASE NO. CV-09-01314 JSW (Assigned to the Honorable Jeffrey S. White) CLASS ACTION JOINT STIPULATION AND [PROPOSED] ORDER REGARDING EXPERT DISCOVERY

17 ACER AMERICA CORPORATION, a California corporation, 18 Defendant. 19 20 21 22

Plaintiffs LORA AND CLAY WOLPH and Defendant ACER AMERICA

23 CORPORATION hereby enter the following Joint Stipulation and [Proposed] Order Regarding 24 25 26 27 Expert Discovery ("Order") in the above-captioned proceeding: 1. In order to avoid consuming the parties' and the Court's time and resources on

potential discovery issues relating to experts, the parties have agreed to certain limitations on the

28 scope of expert-related discovery. Neither the terms of the Order nor the parties' agreement to
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CV-09-01314 JSW JOINT STIPULATION AND [PROPOSED] ORDER REGARDING EXPERT DISCOVERY

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1 them implies that any of the information restricted from discovery in this Order would otherwise 2 be discoverable. 3 4 5 6 7 in any operative case management or scheduling Order as may be entered or amended by the Court. In addition, the parties will supplement such disclosures no later than 5 business days 2. The parties will make all disclosures required by Federal Rule of Civil Procedure

26(a)(2)(B), except as modified or limited by this Order, in accordance with the deadlines set forth

8 before an expert's deposition and at such time will serve those supplemental disclosures on 9 opposing counsel via electronic mail.
PEARSON, SIMON, WARSHAW & PENNY, LLP

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15165 VENTURA BOULEVARD, SUITE 400 SHERMAN OAKS, CALIFORNIA 91403

3.

The following categories of documents, data, and information need not be disclosed

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by any party and are outside the scope of permissible expert discovery for any time during the pendency of the above-captioned litigation: (a) any written or oral communications (including notes, emails and/or memoranda memorializing the same) between or among: (1) expert witnesses and counsel; (2) expert witnesses and other expert witnesses or consultants; and/or (3) expert witnesses and their respective staffs; (b) any notes, draft reports, draft studies, draft work papers, or other preliminary calculations, computations, data runs, or work prepared by, for, or at the direction of an expert witness. 4. The protections against discovery contained in paragraph 3 above will not apply to

23 any communications, documents, data, statistical analyses, notes, computations, data runs, or work 24 or other information upon which an expert witness relies for any of his or her opinion(s) in this 25 matter. Data, statistical analyses, or other information (including any calculation or exhibit) upon 26 27 28
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which an expert relies for any of his or her opinion(s) in this matter shall be provided in electronic or machine readable format, including any data that has been cleaned, reformatted, or modified in

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1 any way from the form in which it may have been provided to the expert. To the extent the data 2 relied upon by such person was not cleaned, reformatted, or modified in any way and was 3 4 5 6 7 8 in a format as agreed to by the parties, but no party need produce computer software that is reasonably and readily commercially available (e.g., Microsoft Word, Excel). 5. Nothing in this stipulation shall be construed to prevent deposition questions previously produced in this litigation, the party will provide a list identifying the data and/or other information by document number. All documents, data, and other information shall be provided

9 relating to the substance of the testifying expert's opinions (including alternative theories,
PEARSON, SIMON, WARSHAW & PENNY, LLP

10 methodologies, variables, or assumptions that the expert may or may not have considered in
15165 VENTURA BOULEVARD, SUITE 400 SHERMAN OAKS, CALIFORNIA 91403

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formulating his or her opinions or in preparing his or her report) or to any communications or other information upon which an expert witness specifically relies for any of his or her opinion(s) in this matter. 6. Nothing in this stipulation shall be construed to preclude reasonable questions at

16 deposition concerning the expert's compensation, hours expended in preparing his or her report 17 and testimony, and frequency and duration of meetings with counsel regarding his or her report. 18 Written engagement letters and other documents defining or limiting the scope of work to be 19 20 21 22 23 performed by the expert are discoverable. Invoices to the parties and time records maintained by experts (or their firms) that identify the individuals who worked on the engagement and the hours they worked are discoverable. 7. No subpoenas (for depositions or documents) need be served on any testifying

24 expert from whom a report or declaration is provided. Instead, the party retaining such expert will 25 make the expert available for deposition, at a time mutually agreed to by the parties and consistent 26 27 28
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with the Court's scheduling orders.

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January 14, 2010