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

Filing 220

STIPULATION AND ORDER re 214 STIPULATION WITH PROPOSED ORDER Regarding Extension of Expert Discovery Cut-Off and Defendants' Option to Supplement Their Reply filed by E-Pass Technologies, Inc. Signed by Judge Jacqueline Scott Corley on November 5, 2012. (wsn, COURT STAFF) (Filed on 11/5/2012)

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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 ✧ Saba, llp

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

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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

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SAN FRANCISCO DIVISION

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E-PASS TECHNOLOGIES, INC., a
Delaware Corporation,

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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 EXTENSION OF
EXPERT DISCOVERY CUTOFF AND
DEFENDANTS’ OPTION TO
SUPPLEMENT THEIR REPLY TO
PLAINTIFF’S OPPOSITION TO
DEFENDANTS’ SUMMARY
JUDGMENT MOTION ; [Proposed]
ORDER
Complaint Filed: December 21, 2009
Trial Date:
February 4, 2013

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STIPULATION BY AND BETWEEN PLAINTIFF AND DEFENDANTS
REGARDING EXTENSION OF EXPERT DISCOVERY CUTOFF

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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 September 10, 2012, the parties submitted a joint letter

to Honorable Jacqueline S. Corley [USDC Docket #188] agreeing to extend the
expert discovery cut-off date to November 2, 2012.
(2)

WHEREAS, on September 12, 2012, Judge Corley entered an Order

granting the requested extension. [USDC Docket #189]
(3)

WHEREAS, the deposition of Plaintiff’s standard of care expert, John

Carson, Esq., was originally set for October 30, 2012.

However, due to an

unforeseen scheduling conflict, Mr. Carson is now unavailable for his scheduled
deposition date. Defendants have agreed to reset Mr. Carson’s deposition date to
November 5, 2012.
(4)

WHEREAS, the deposition testimony of Mr. Carson may contain

information Defendants may want to use to supplement their Reply to Plaintiff’s
Opposition to Motion for Summary Judgment, now due November 1, 2012.
Plaintiff agrees to allow Defendants to supplement their Reply to Plaintiff’s
Opposition to Motion for Summary Judgment no later than November 8, 2012, in
consideration of the necessary scheduling change.
Now, therefore, the parties, by and through their counsel of record,
STIPULATE as follows:
(A)

The parties respectfully request that the Court extend the Court’s

deadline for concluding expert depositions to and including November 5, 2012, on
which date Defendants will take the deposition of John Carson, Esq.
(B)

The parties respectfully request that the Court permit Defendants an

opportunity to supplement their Reply to Plaintiff’s Opposition to Defendants’
Summary Judgment with any information obtained in John Carson, Esq.’s
deposition, to be filed no later than November 8, 2012.

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STIPULATION BY AND BETWEEN PLAINTIFF AND DEFENDANTS
REGARDING EXTENSION OF EXPERT DISCOVERY CUTOFF

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IT IS SO STIPULATED.

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Dated: October 29, 2012

ROSEN h SABA, LLP

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By: /s
________________________
JAMES R. ROSEN, ESQ.
RYAN D. SABA, ESQ.
LAURA L. CABLE, ESQ.
Attorneys for Plaintiff,
E-PASS TECHNOLOGIES, INC.

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Dated: October 29, 2012

DUANE MORRIS, LLP

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

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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: October 29, 2012

LONG & LEVIT, LLP

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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 EXTENSION OF EXPERT DISCOVERY CUTOFF

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[Proposed] ORDER

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD
HEREIN:

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The Court received and reviewed the Stipulation by and between Plaintiff
and Defendants regarding Expert Reports and Discovery [USDC Docket # __.]

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

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(B)

Defendants may file a supplemental reply to Plaintiff’s Opposition to

Motion for Summary Judgment, to be filed no later than November 8, 2012
(C)

No other dates for future proceedings, including trial, shall be affected
ISTRIC
ES D
TC
by this Order.
T
TA

IT IS SO ORDERED.
November 5, 2012
Date: ________________

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RT
U
O

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2012.

UT
WITHO
D
DENIE UDICE
PREJ
c ot t C o

By:
RT

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rley

eS
cquelin
_______________________
J u d ge J a
Honorable Jacqueline S. Corley

ER

H

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R NIA

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5, 2012, so that the deposition of John Carson, Esq. may proceed on November 5,

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

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The expert discovery cut-off deadline shall be continued to November

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(A)

UNIT
ED

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FO

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LI

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A

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N

F
D IS T IC T O
R

C

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STIPULATION BY AND BETWEEN PLAINTIFF AND DEFENDANTS
REGARDING EXTENSION OF EXPERT DISCOVERY CUTOFF