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)
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JAMES R. ROSEN, ESQ. (State Bar No. 119438)
jrosen@rosensaba.com
RYAN D. SABA, ESQ. (State Bar No. 192370)
rsaba@rosensaba.com
LAURA L. CABLE, ESQ. (State Bar No. 278432)
lcable@rosensaba.com
Members of Rosen ܖSaba, llp
468 North Camden Drive, Third Floor
Beverly Hills, California 90210
Telephone: (310) 285-1727
Facsimile: (310) 285-1728
Attorneys for Plaintiff,
E-PASS TECHNOLOGIES, INC.
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UNITED STATES DISTRICT COURT
ROSEN h SABA, LLP
468 NORTH CAMDEN DRIVE, 3RD FLOOR
BEVERLY HILLS, CALIFORNIA 90210
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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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
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STIPULATION BY AND BETWEEN PLAINTIFF AND DEFENDANTS
REGARDING EXPERT REPORTS AND DISCOVERY
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ROSEN h SABA, LLP
468 NORTH CAMDEN DRIVE, 3RD FLOOR
BEVERLY HILLS, CALIFORNIA 90210
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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
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STIPULATION BY AND BETWEEN PLAINTIFF AND DEFENDANTS
REGARDING EXPERT REPORTS AND DISCOVERY
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ROSEN h SABA, LLP
468 NORTH CAMDEN DRIVE, 3RD FLOOR
BEVERLY HILLS, CALIFORNIA 90210
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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.
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Dated: August 21, 2012
ROSEN h SABA, LLP
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By: /s
________________________
JAMES R. ROSEN, ESQ.
RYAN D. SABA, ESQ.
Attorneys for Plaintiff,
E-PASS TECHNOLOGIES, INC.
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STIPULATION BY AND BETWEEN PLAINTIFF AND DEFENDANTS
REGARDING EXPERT REPORTS AND DISCOVERY
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Dated: August 21, 2012
DUANE MORRIS, LLP
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By:/s
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________________________
RICHARD D. HOFFMAN, ESQ.
ROBERT M. FINEMAN, ESQ.
Attorneys for Defendant,
MOSES & SINGER, LLP
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Dated: August 21, 2012
LONG & LEVIT, LLP
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ROSEN h SABA, LLP
468 NORTH CAMDEN DRIVE, 3RD FLOOR
BEVERLY HILLS, CALIFORNIA 90210
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By: /s
________________________
JOSEPH MCMONIGLE, ESQ.
Jessica R. MacGregor, ESQ.
Attorneys for Defendant,
STEPHEN N. WEISS
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STIPULATION BY AND BETWEEN PLAINTIFF AND DEFENDANTS
REGARDING EXPERT REPORTS AND DISCOVERY
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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.
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08/24/2012
Date: ________________
By:
E
H
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dward
Judge E
RT
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_______________________
Honorable Edward . M.en
Chen
M Ch
NO
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S DISTRICT
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TA
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UNIT
ED
ROSEN h SABA, LLP
468 NORTH CAMDEN DRIVE, 3RD FLOOR
BEVERLY HILLS, CALIFORNIA 90210
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and Defendants regarding Expert Reports and Discovery [USDC Docket # __.]
R NIA
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The Court received and reviewed the Stipulation by and between Plaintiff
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HEREIN:
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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD
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[Proposed] ORDER
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STIPULATION BY AND BETWEEN PLAINTIFFR N D DEFENDANTS
AND
OF
IS T RIC T
REGARDING EXPERT REPORTS AND DISCOVERY
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