State Compensation Insurance Fund v. Metropolitan West Securities LLC et al

Filing 132

STIPULATION AND ORDER re 131 Defendant's Renewed Motion to Compel Rule 30(B)(6) Deposition, filed by Metropolitan West Securities LLC, Wachovia Bank NA. Signed by Judge Elizabeth D Laporte on 11/15/2011. (kns, COURT STAFF) (Filed on 11/15/2011)

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MUNGER, TOLLES & OLSON LLP
Marc T.G. Dworsky (SB# 157413)
James C. Rutten (SB# 201791)
Eric P. Tuttle (SB# 248440)
355 South Grand Avenue, 35th Floor
Los Angeles, California 90071-1560
[phone]; [phone] (fax)
[e-mail]
[e-mail]
[e-mail]

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Attorneys for WELLS FARGO BANK, N.A.
(successor by merger to Defendant WACHOVIA
BANK, N.A.) and METROPOLITAN WEST
SECURITIES LLC

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO DIVISION
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STATE COMPENSATION INSURANCE
FUND,

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Plaintiff,

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vs.
METROPOLITAN WEST SECURITIES
LLC; WACHOVIA BANK, N.A.; DOES
1 through 10, inclusive; and DOES 11
through 20, inclusive,

CASE NO. CV 09-02959 JSW (EDL)
STIPULATED [PROPOSED] ORDER ON
DEFENDANTS’ RENEWED MOTION TO
COMPEL RULE 30(B)(6) DEPOSITION
Date: November 8, 2011
Time: 9:00 a.m.
Courtroom: E
Judge: Honorable Elizabeth D. Laporte

Defendants.

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15656660.1

CASE NO. CV 09-2959 JSW (EDL)

STIPULATED [PROPOSED] ORDER RE RENEWED MOTION TO COMPEL RULE 30(B)(6) DEPO.

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On November 8, 2011 at 9:00 a.m., Defendants’ Renewed Motion to Compel Rule

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30(b)(6) Deposition Testimony Pursuant to the Court’s July 18, 2011 Order (“Motion”) came on

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for hearing in Courtroom E of the above-captioned Court, the Honorable Elizabeth D. Laporte

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presiding. The Court directed the parties at that time to have a further discussion regarding the

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issues raised in the Motion. The parties thereafter reached the following stipulations in full

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resolution of the Motion, which the Court now orders:

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(1)

Plaintiff shall continue its investigation into whether custodian Steve Kolakowski

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had a “P drive” during the time he worked for Plaintiff, and if so, the whereabouts

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of the data contained thereon. Once Plaintiff concludes this investigation, Plaintiff

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shall provide a supplemental declaration to Defendants concerning the results of

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the investigation.

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(2)

Plaintiff shall confer with the following current or former employees concerning

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their e-mail deletion practices, including the frequency with which they deleted e-

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mails: Maribel Aleman, Stephanie Chan, Leslie Dawe, Steve Kolakowski, Amelia

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Ma, Maria Quintanilla, and Liberty Viray. Plaintiff shall report to Defendants

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what Plaintiff learns about these employees’ practices in this regard.

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(3)

After Defendants receive the information referenced in paragraph (2) above,

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Defendants may identify one date from which they would like backup tapes of Mr.

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Kolakowski’s electronic data to be restored, and one date from which they would

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like backup tapes of Ms. Ma’s e-mail data to be restored. Plaintiff shall restore

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backup tapes for Mr. Kolakowski and Ms. Ma on the designated dates (to the

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extent full backups were made on the designated dates, and if they were not, then

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Plaintiff shall used the nearest subsequent dates on which full backups were

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made).

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(4)

After Defendants receive the information referenced in paragraph (2) above,

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Defendants also may identify dates from which they would like backup tapes of

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the e-mail data of Ms. Aleman, Ms. Chan, Ms. Dawe, Ms. Quintanilla, and Ms.

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Viray to be restored. Plaintiffs have agreed to provide the information without
15656660.1

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CASE NO. CV 09-2959 JSW (EDL)

STIPULATED [PROPOSED] ORDER RE RENEWED MOTION TO COMPEL RULE 30(B)(6) DEPO.

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agreeing or conceding any additional restoration from backup tapes for these

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custodians is warranted. Should Defendant make such a request, the parties shall

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have a further discussion about the appropriateness of any such requested

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restorations, and if they cannot reach agreement, either side may apply to the Court

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to resolve the issue.

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(5)

The foregoing fully resolves the Motion. If a new issue arises from the process

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ordered above that Defendants believe warrants additional information from

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Plaintiff, the parties shall meet and confer in an effort to resolve the issue. If the

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parties cannot reach agreement, Defendants may apply to the Court for a Rule

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30(b)(6) deposition with respect to that issue, and/or for other appropriate relief.

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Date: November 14, 2011

MUNGER, TOLLES & OLSON LLP

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/s/ James C. Rutten
James C. Rutten

By:

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Attorneys for WELLS FARGO BANK, N.A.
(successor by merger to Defendant
WACHOVIA BANK, N.A.) and Defendant
METROPOLITAN WEST SECURITIES LLC

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Date: November 14, 2011

BARGER & WOLEN LLP

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Attorneys for Plaintiff STATE
COMPENSATION INSURANCE FUND

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* * * * *

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/s/ J. Russell Stedman
J. Russell Stedman

By:

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PURSUANT TO STIPULATION, IT IS SO ORDERED:

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DATED: November 15, 2011

__________________________________
The Honorable Elizabeth D. Laporte
United States Magistrate Judge

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15656660.1

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CASE NO. CV 09-2959 JSW (EDL)

STIPULATED [PROPOSED] ORDER RE RENEWED MOTION TO COMPEL RULE 30(B)(6) DEPO.

FILER’S ATTESTATION

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I, James C. Rutten, am the ECF user whose ID and password are being used to file this

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Stipulated [Proposed] Order on Defendants’ Renewed Motion to Compel Rule 30(b)(6)

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Deposition. In compliance with General Order 45, X.B, I hereby attest that the other attorney

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listed as a signatory above has concurred in this filing.

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Date: November 14, 2011

By:

15656660.1

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/s/ James C. Rutten
James C. Rutten

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CASE NO. CV 09-2959 JSW (EDL)

STIPULATED [PROPOSED] ORDER RE RENEWED MOTION TO COMPEL RULE 30(B)(6) DEPO.