Zhu v. UCBH Holdings, Inc. et al

Filing 300

ORDER REGARDING DISCOVERY AND CONTINUING CASE MANAGEMENT CONFERENCE. Signed by Judge Jeffrey S. White on 11/1/12. (jjoS, COURT STAFF) (Filed on 11/1/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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KYUNG CHO, ET AL., Individually and On
Behalf of All Others Similarly Situated,

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No. C 09-4208 JSW

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v.
For the Northern District of California

United States District Court

Plaintiffs,
ORDER REGARDING
DISCOVERY AND CONTINUING
CASE MANAGEMENT
CONFERENCE

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UCBH HOLDINGS, INC., ET AL.,
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Defendants.
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Defendants indicate that they will move to stay discovery in this action until mid-2013

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due to the related criminal matters. Defendants Ebrahim Shabudin and Thomas Yu contend that

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they cannot adequately defend themselves in this case and also maintain their Fifth Amendment

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right against self incrimination in the criminal matters. Plaintiffs request that Defendants

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immediately produce the documents already produced to the government agencies. They argue

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that documents already produced to government agencies cannot further incriminate

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Defendants. If Defendants produce to Plaintiffs the documents already provided to the

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government agencies, Plaintiffs are amenable to a stay of all further discovery for three months

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after such production. Plaintiffs’ argument appears persuasive. Therefore, the Court is

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inclined to order the production of the documents already produced to governmental agencies.

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However, before issuing such an order, the Court will provide Defendants with an opportunity

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to demonstrate how such production would infringe upon their Fifth Amendment right against

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self-incrimination. Therefore, Defendants are HEREBY ORDERED to Show Cause (“OSC”)

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why the documents already produced to government agencies should not be immediately

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produced to Plaintiffs. Defendants shall respond to this OSC in writing by no later than

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November 8, 2012. If Defendants agree to produce these documents, the Court will stay all

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further discovery for a period of at least three months following the production. Before the end

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of the three month period, the parties shall meet and confer to determine whether the stay

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should be lifted or extended and shall file a stipulation or a status report indicating their

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respective positions if they cannot agree.

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sets November 19, 2012 as the deadline for initial disclosures, and VACATES the case
management conference. The Court will reset the case management conference at a later date.

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For the Northern District of California

United States District Court

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The Court HEREBY SETS April 30, 2013 as the deadline to seek leave to join parties,

The Court FURTHER ORDERS the parties to meet and confer regarding referral to a

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specific or randomly assigned magistrate judge for a settlement conference. By no later than

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November 14, 2012, the parties shall file a stipulation, or a status report indicating their

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respective positions if they cannot agree, regarding such referral.

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IT IS SO ORDERED.

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Dated: November 1, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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