Chavez et al v. Lumber Liquidators, Inc.

Filing 85

Order by Magistrate Judge Donna M. Ryu granting 84 Stipulation re: Plaintiff's Motion to Quash.(dmrlc1, COURT STAFF) (Filed on 3/9/2012)

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MORGAN, LEWIS & BOCKIUS LLP
ERIC MECKLEY, SBN 168181
JENNIFER SVANFELDT, SBN 233248
One Market, Spear Street Tower
San Francisco, CA 94105-1126
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant
LUMBER LIQUIDATORS, INC.

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ROBERT TAFOYA, Esq., SBN 194444
DAVID GARCIA, Esq., SBN 218356
TAFOYA & GARCIA LLP
316 W. 2nd St., Suite 1000
Los Angeles, CA 90012
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiffs

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CRELENCIO CHAVEZ and JOSE ZALDIVAR

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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CRELENCIO CHAVEZ and JOSE
ZALDIVAR, an individual and on behalf
of all others similarly situated,

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Plaintiffs,

Case No. C-09-04812 SC-DMR
JOINT STIPULATION AND [PROPOSED]
ORDER RE PLAINTIFFS’ MOTION TO
QUASH DEFENDANT’S DEPOSITION
SUBPOENA TO CARLOS ALVA

vs.
LUMBER LIQUIDATORS, INC. a
Delaware Corporation; and DOES 1
through 20, inclusive,

Location: Courtroom 1, 17th Floor
Judge: Hon. Donna M. Ryu

Defendants.

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Case No. C-09-04812 SC
JOINT STIPULATION RE PLAINTIFFS’ MOTION TO QUASH DEFENDANT’S DEPOSITION SUBPOENA
TO CARLOS ALVA

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Pursuant to this Court’s Notice of Reference and Order re Discovery Procedures, Plaintiffs

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Crelencio Chavez and Jose Zaldivar (“Plaintiffs”) and Defendant Lumber Liquidators, Inc.

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(“Defendant”) (collectively, the “parties”) represent and agree as follows:

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WHEREAS, on February 29, 2012, Plaintiffs filed a Motion to Quash Defendant’s
Deposition Subpoena to Carlos Alva (“Motion”).

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WHEREAS, on March 2, 2012, pursuant to Local Rule 6-3, Defendants filed an

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Unopposed Motion to Shorten Time to Hear Plaintiffs’ Motion to Quash Deposition Subpoena.

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WHEREAS, on March 5, 2012, the Court referred the subject of Plaintiffs’ Motion and all
further discovery matters to a Magistrate Judge to be heard and considered at the convenience of
his or her calendar.
WHEREAS, on March 5, 2012, the Court issued a Notice of Reference and Order Re

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Discovery Procedures, pursuant to which the parties are required to submit a joint letter regarding

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the instant discovery dispute by March 9, 2012.

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WHEREAS, pursuant to the Court’s Notice of Reference and Order Re Discovery

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Procedures, the parties have met and conferred telephonically regarding the subject of Mr. Alva’s

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deposition.

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WHEREAS, as a result of meeting and conferring, Plaintiffs agree to produce Mr. Alva

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for deposition on Wednesday, March 14, 2012 at 10:00 a.m. at the law offices of Morgan Lewis

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& Bockius, located at 300 South Grand Avenue, Los Angeles, California, 90071, [phone].

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WHEREAS, the parties agree that the scope of the deposition shall encompass any non-

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privileged matter that is relevant to either party’s claim or defense to the class certification issues,

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including, but not limited to, the two declarations recently submitted to the Court by Mr. Alva,

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the nature of his relationship with both of the named Plaintiffs, and the existence, description,

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nature, custody, condition, and location of any documents and the identity and location of persons

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who know of any discoverable matter.

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WHEREAS, in order to avoid further potential delay, the parties agree that in the event

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any disputes arise during the deposition of Mr. Alva on March 14, 2012, they will contact the

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Clerk for the Magistrate Judge during the deposition and request a telephone conference so that, if
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Case No. C-09-04812 SC
JOINT STIPULATION RE PLAINTIFFS’ MOTION TO QUASH DEFENDANT’S DEPOSITION SUBPOENA
TO CARLOS ALVA

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she is available, the parties’ dispute may be resolved by the Magistrate Judge immediately during

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the deposition via telephonic hearing and there will be no further delays in obtaining Mr. Alva’s

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deposition testimony.

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IT IS SO STIPULATED

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Dated: March 9, 2012

MORGAN, LEWIS & BOCKIUS LLP

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By

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Attorneys for Defendant
Lumber Liquidators, Inc.

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/S/ Eric Meckley
Eric Meckley
Jennifer Svanfeldt

Dated: March 9, 2012

TAFOYA & GARCIA LLP

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By

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/S/ David A. Garcia
David A. Garcia

Attorneys for Plaintiffs
Crelencio Chavez and Jose Zaldivar

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
March 9, 2012
Dated: _________________________
The Honorable Donna M. Ryu
United States Magistrate Judge

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Case No. C-09-04812 SC
JOINT STIPULATION RE PLAINTIFFS’ MOTION TO QUASH DEFENDANT’S DEPOSITION SUBPOENA
TO CARLOS ALVA