E-Pass Technologies, Inc. v. Moses & Singer, LLP et al

Filing 181

STIPULATION AND ORDER Regarding Expert Reports and Discovery. Signed by Judge Edward M. Chen on 08/24/2012. (tmi, COURT STAFF) (Filed on 8/24/2012)

1
2
3
4
5
6
7
8

JAMES R. ROSEN, ESQ. (State Bar No. 119438)
[e-mail]
RYAN D. SABA, ESQ. (State Bar No. 192370)
[e-mail]
LAURA L. CABLE, ESQ. (State Bar No. 278432)
[e-mail]

Members of Rosen ‫ ܖ‬Saba, llp
468 North Camden Drive, Third Floor
Beverly Hills, California 90210
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff,
E-PASS TECHNOLOGIES, INC.

9

UNITED STATES DISTRICT COURT

ROSEN h SABA, LLP
468 NORTH CAMDEN DRIVE, 3RD FLOOR
BEVERLY HILLS, CALIFORNIA 90210

10

FOR THE NORTHERN DISTRICT OF CALIFORNIA

11

SAN FRANCISCO DIVISION

12
13
14
15
16
17
18
19
20

E-PASS TECHNOLOGIES, INC., a
Delaware Corporation,
Plaintiff,
vs.
MOSES & SINGER, LLP, a New
York Limited Partnership;
STEPHEN N. WEISS, ESQ., an
Individual; and DOES 1 through 50,
inclusive,
Defendants.

Case No. 3:09-cv-05967-EMC
Honorable Edward M. Chen
STIPULATION BY AND BETWEEN
PLAINTIFF AND DEFENDANTS
REGARDING EXPERT REPORTS AND
DISCOVERY; [Proposed] ORDER

Complaint Filed: December 21, 2009
Trial Date:
February 4, 2013

21
22
23
24
25
26
27
28

STIPULATION BY AND BETWEEN PLAINTIFF AND DEFENDANTS
REGARDING EXPERT REPORTS AND DISCOVERY

1
2
3
4
5
6
7
8
9

ROSEN h SABA, LLP
468 NORTH CAMDEN DRIVE, 3RD FLOOR
BEVERLY HILLS, CALIFORNIA 90210

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

TO THIS HONORABLE COURT AND ALL PARTIES AND THEIR
COUNSEL OF RECORD HEREIN:
(1)

WHEREAS, on November 10, 2011, the Court issued a First Amended

Case Management and Pretrial Order for Jury Trial. [USDC Docket #130.] Part of
this Order established a non-expert discovery cut-off date of August 24, 2012, and
an expert discovery cut-off date of October 5, 2012. Additionally, this Order
required the parties to exchange opening expert reports by August 24, 2012, and
rebuttal expert reports by September 14, 2012.
(2)

WHEREAS, Defendants desire to conduct the deposition of third party

witness Michael Cooper in Seattle, Washington, but due to scheduling, his
deposition could not be completed at a mutually convenient time prior to
August 24, 2012.
(3)

WHEREAS, the counsel for the parties and Mr. Cooper are available

for his deposition to commence on August 27, 2012, in Seattle, Washington.
Additionally, the deposition of third party witness Richard Brass is scheduled to
commence on August 24, 2012, in Friday Harbor, Washington. Defendants agree
to permit Plaintiff's counsel to attend and ask questions at both depositions in
person and/or by Skype or telephone from Los Angeles.
(4)

WHEREAS, the deposition testimony of Mr. Cooper and Mr. Brass

may be necessary for certain expert witnesses to rely upon, and so the parties desire
to continue the date to exchange expert witness reports from August 24, 2012, until
September 4, 2012. Additionally, the parties desire to continue the date for the
exchange of rebuttal expert reports from September 14, 2012, to September 25,
2012. The parties also desire to continue the expert discovery cut-off date from
October 5, 2012, until October 16, 2012.
(5)

WHEREAS, the parties agree not to use the extensions of time

provided for in this Stipulation as a reason to request a trial continuance in the
1

STIPULATION BY AND BETWEEN PLAINTIFF AND DEFENDANTS
REGARDING EXPERT REPORTS AND DISCOVERY

1
2
3
4
5
6
7
8
9

ROSEN h SABA, LLP
468 NORTH CAMDEN DRIVE, 3RD FLOOR
BEVERLY HILLS, CALIFORNIA 90210

10
11
12
13
14
15
16
17
18
19

future.
Now, therefore, the parties, by and through their counsel of record,
STIPULATE as follows:
(A)

The non-expert discovery cut-off deadline shall remain as August 24,

2012, except that the deposition of Michael Cooper may proceed on August 27,
2012, in Seattle, Washington.
(B)

Plaintiff's counsel is permitted to attend and ask questions at the

deposition of Richard Brass on August 24, 2012, in Friday Harbor, Washington,
and at the deposition of Michael Cooper on August 27, 2012, in Seattle,
Washington, in person and/or by Skype or telephone from Los Angeles.
(C)

The date to exchange opening expert reports shall be continued from

August 24, 2012, until September 4, 2012.
(D)

The date to exchange rebuttal expert reports shall be continued from

September 14, 2012, to September 25, 2012.
(E)

The expert discovery cut-off date shall be continued from October 5,

2012, until October 16, 2012.
(F)

The parties shall not use the extensions of time provided for in this

Stipulation as a reason to request a trial continuance in the future.
IT IS SO STIPULATED.

20
21

Dated: August 21, 2012

ROSEN h SABA, LLP

22
23

By: /s

________________________
JAMES R. ROSEN, ESQ.
RYAN D. SABA, ESQ.
Attorneys for Plaintiff,
E-PASS TECHNOLOGIES, INC.

24
25
26
27
28

2

STIPULATION BY AND BETWEEN PLAINTIFF AND DEFENDANTS
REGARDING EXPERT REPORTS AND DISCOVERY

1

Dated: August 21, 2012

DUANE MORRIS, LLP

2

By:/s

3

________________________
RICHARD D. HOFFMAN, ESQ.
ROBERT M. FINEMAN, ESQ.
Attorneys for Defendant,
MOSES & SINGER, LLP

4
5
6
7

Dated: August 21, 2012

LONG & LEVIT, LLP

8
9

ROSEN h SABA, LLP
468 NORTH CAMDEN DRIVE, 3RD FLOOR
BEVERLY HILLS, CALIFORNIA 90210

10

By: /s

________________________
JOSEPH MCMONIGLE, ESQ.
Jessica R. MacGregor, ESQ.
Attorneys for Defendant,
STEPHEN N. WEISS

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3

STIPULATION BY AND BETWEEN PLAINTIFF AND DEFENDANTS
REGARDING EXPERT REPORTS AND DISCOVERY

1

6
7
8
9

11
12
13
14
15
16
17
18
19
20
21
22

After consideration of the Stipulation, and good cause appearing, the Court
orders as follows:
(A)

The non-expert discovery cut-off deadline shall remain as August 24,

2012, except that the deposition of Michael Cooper may proceed on August 27,
2012, in Seattle, Washington.
(B)

Plaintiff's counsel is permitted to attend and ask questions at the

deposition of Richard Brass on August 24, 2012, in Friday Harbor, Washington,
and at the deposition of Michael Cooper on August 27, 2012, in Seattle,
Washington, in person and/or by Skype or telephone from Los Angeles.
(C)

The date to exchange opening expert reports shall be continued from

August 24, 2012, until September 4, 2012.
(D)

The date to exchange rebuttal expert reports shall be continued from

September 14, 2012, to September 25, 2012.
(E)

The expert discovery cut-off date shall be continued from October 5,

2012, until October 16, 2012.
(F)

The parties shall not use the extensions of time provided for in this

Order as a reason to request a trial continuance in the future.

IT IS SO ORDERED.

25
26

08/24/2012
Date: ________________

By:

E

H

4

dward

Judge E

RT

28

_______________________
Honorable Edward . M.en
Chen
M Ch

NO

27

S DISTRICT
TE
C
TA

RT
U
O

24

S

23
UNIT
ED

ROSEN h SABA, LLP
468 NORTH CAMDEN DRIVE, 3RD FLOOR
BEVERLY HILLS, CALIFORNIA 90210

10

and Defendants regarding Expert Reports and Discovery [USDC Docket # __.]

R NIA

5

The Court received and reviewed the Stipulation by and between Plaintiff

FO

4

HEREIN:

LI

3

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD

A

2

[Proposed] ORDER

C
STIPULATION BY AND BETWEEN PLAINTIFFR N D DEFENDANTS
AND
OF
IS T RIC T
REGARDING EXPERT REPORTS AND DISCOVERY