Vieste, LLC et al v. Hill Redwood Development, LTD. et al

Filing 222

STIPULATION AND ORDER GRANTING LEAVE TO CONDUCT CERTAIN DEPOSITIONS AFTER MARCH 17, 2011 (See Stipulation and Order for all particulars) re 221 Stipulation filed by Vieste Development, LLC, Vieste, LLC. Signed by Magistrate Judge Donna M. Ryu on 03/14/2011. (dmrlc1, COURT STAFF) (Filed on 3/14/2011)

Vieste, LLC et al v. Hill Redwood Development, LTD. et al

Doc. 222

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

Patricia L. Peden (CA 206440) LAW OFFICE OF PATRICIA L. PEDEN 1316 67th Street, Suite 6 Emeryville, California 94608 Telephone: [phone] Nicholas H. Patton (admitted pro hac vice) Robert W. Schroeder III (admitted pro hac vice) Geoffrey P. Culbertson (admitted pro hac vice) PATTON, TIDWELL & SCHROEDER, L.L.P. 4605 Texas Boulevard Post Office Box 5398 Texarkana, Texas 75505-5398 Telephone: [phone] Facsimile: [phone] Courtney Towle (CA 221698) Patton, Tidwell & Schroeder, L.L.P. 1316 67th Street Emeryville, CA 94608 Telephone: [phone] Attorneys for Plaintiffs VIESTE, LLC and VIESTE DEVELOPMENT, LLC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION (1) VIESTE, LLC, an Indiana corporation; and (2) VIESTE DEVELOPMENT, LLC; an Indiana corporation, Plaintiffs, v. (1) HILL REDWOOD DEVELOPMENT, LTD., a British Virgin Islands corporation; (2) HILL INTERNATIONAL, INC., a Delaware corporation; (3) HILL INTERNATIONAL DEVELOPMENT LTD., a British Virgin Islands corporation; (4) REDWOOD CAPITAL ADVISORS, LLC., a Delaware corporation; (5) STEPHEN GOODMAN, individually; and (6) S. DICK SARGON, individually; Defendants, ______________________________________ And related Counterclaim.

No. C 09-04024 JSW STIPULATION AND ORDER GRANTING LEAVE TO CONDUCT CERTAIN DEPOSITIONS AFTER MARCH 17, 2011

28

Dockets.Justia.com

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

For good cause as detailed below, subject to the Court's approval, and to avoid unnecessary discovery motion practice, the undersigned parties hereby stipulate and agree to allow two depositions to be completed after the current court ordered cut-off date of March 17, 2011. WHEREAS: 1. On February 10, 2011 the parties jointly sought, and were granted, leave to

conduct the Rule 30(b)(6) Depositions of Defendants Hill Redwood Development, Ltd. and Defendants Redwood Capital Advisors, LLC after the close of fact discovery but before March 17, 2011. See Dkt. Nos. 191 and 194. 2. Thereafter, the Court ordered the parties to meet and confer in an attempt to

resolve a number of discovery disputes included in the parties' February 22, 2011 motions to compel. See Dkt. No. 213. The parties agreed to produce additional documents and provide amended discovery responses on or before March 11, 2011. 3. Despite their reasonable efforts, Defendants are unable to provide the additional

discovery responses and produce the agreed-to documents by March 11, 2011. Thus, Plaintiffs will not have the discovery in time to proceed with the currently noticed HRD and RCA depositions. 4. Absent the relief sought herein from the Court, Plaintiffs anticipate they will need

to file a motion to continue the depositions past the March 17, 2011 deadline. 6. In order to avoid the need for the above-referenced motion practice, the parties

have reached a stipulation that would require both parties to provide amended discovery responses and produce the agreed-to documents on or before March 17, 2011 and would allow the RCA and HRD Rule 30(b)(6) depositions to proceed on or before April 8, 2011, or before another date if the Court should so order. The parties will be taking expert depositions the week of March 21, 2011 and Defendants' counsel has prior travel commitments the following week. Therefore, the parties request the Court allow up to and including April 8, 2011 for the completion of these depositions. 7. The parties seek the Court's approval of their stipulation, and request leave to

allow the two above-referenced FRCP 30(b)(6) depositions to be completed on or before April 8,
Stipulation and Order Granting Leave to Conduct Certain Depositions After March 17, 2011 ­ Page 1

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

2011. 8. No other changes to the Court's scheduling order are sought.

WHEREFORE, THE PARTIES STIPULATE AS FOLLOWS: 1. The parties will provide amended discovery responses and produce responsive

documents as agreed during the March 3, 2011 conference on or before March 17, 2011. 2. The FRCP 30(b)(6) deposition of defendant Redwood Capital Advisors, LLC,

currently noticed for March 14, 2011 in San Francisco, California shall be vacated, and shall be concluded by April 8, 2011 at a specific date and time to be agreed upon by the parties. The parties agree that the deposition shall take place in San Francisco, California. 3. The FRCP 30(b)(6) deposition of defendant Hill Redwood Development, Ltd.,

currently noticed for March 15, 2011 in San Francisco, California shall be vacated, and shall be concluded by April 8, 2011 at a specific date and time to be agreed upon by the parties. The parties agree that the deposition shall take place in San Francisco, California.

IT IS SO STIPULATED DATED: March 11, 2011. Respectfully submitted, ___________________________________ PATRICIA L. PEDEN LAW OFFICE OF PATRICIA L. PEDEN Attorneys for Plaintiffs and Counter-Defendants and Compulsory-counterclaim Plaintiffs VIESTE, LLC and VIESTE DEVELOPMENT, LLC ____________________________________ DAVID NEMECEK LONG & LEVIT LLP Attorneys for Defendants and Counterclaimants HILL REDWOOD DEVELOPMENT, LTD., HILL INTERNATIONAL, INC., HILL INTERNATIONAL DEVELOPMENT, LTD., REDWOOD CAPITAL ADVISORS, LLC, and Defendants STEPHEN GOODMAN, AND S. DICK SARGON and compulsory counterclaims defendants, including Steven E. Fishman.

Stipulation and Order Granting Leave to Conduct Certain Depositions After March 17, 2011­ Page 2

1 2
ORDER

3
Good cause appearing for the stipulated relief requested above, the Court hereby orders:

4
1. The parties shall provide amended discovery responses and shall produce all

5
responsive documents as agreed during the March 3, 2011 conference on or before March 17, 2011.

6
2. The FRCP 30(b)(6) deposition of defendant Redwood Capital Advisors, LLC,

7
currently noticed for March 14, 2011 in San Francisco, California shall be vacated, and shall take

8
place on or before April 8, 2011 at a specific date and time to be agreed upon by the parties. The

9
parties agree that the deposition shall take place in San Francisco, California.

10
3. The FRCP 30(b)(6) deposition of defendant Hill Redwood Development, Ltd.,

11
currently noticed for March 15, 2011 in San Francisco, California shall be vacated, and shall take

12
place on or before April 8, 2011 at a specific date and time to be agreed upon by the parties. The

13
parties agree that the deposition shall take place in San Francisco, California. No other changes to the

14
Court's scheduling order are made.
UNIT ED

S

15 16 17 18
Dated: March 14, 2011 IT IS SO ORDERED.

S DISTRICT TE C TA

20 21 22 23 24 25 26 27 28

D IS T IC T O R

Stipulation and Order Granting Leave to Conduct Certain Depositions After March 17, 2011­ Page 3

A

19

Hon. DONNA M. RYU ER C United States Magistrate Judge N F
H

LI

Judge D

FO

onna M

. Ryu

R NIA

O IT IS S

ORDER

ED

RT U O

NO

RT