v. The Republic of Ecuador

Filing 13

STIPULATION AND ORDER re briefing schedule for motion to quash 12 Stipulation filed by The Republic of Ecuador Motion Hearing set for 11/10/2010 03:00 PM in Courtroom C, 15th Floor, San Francisco.. Signed by Judge Edward M. Chen on 9/28/10. (bpf, COURT STAFF) (Filed on 9/28/2010)

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Eric W. Bloom (Pro Hac Vice Pending) WINSTON & STRAWN LLP 1700 K Street, N.W. Washington, D.C. 20006 Telephone: [phone] Facsimile: [phone] [e-mail] C. MacNeil Mitchell (Pro Hac Vice Pending) WINSTON & STRAWN LLP 200 Park Avenue Ne York, NY 10166 Telephone: [phone] Facsimile: [phone] [e-mail] Richard A. Lapping (SBN: 107496) WINSTON & STRAWN LLP 101 California Street San Francisco, CA 94111-5802 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Applicant, THE REPUBLIC OF ECUADOR UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA In re Application of: ) ) THE REPUBLIC OF ECUADOR, ) ) Applicant, ) ) For the Issuance of a Subpoena for the Taking ) of a Deposition and the Production of ) Documents In a Foreign Proceeding Pursuant to ) 28 U.S.C. § 1782. ) ) ) ) ) Case No. C-10-80225 MISC CRB (EMC) STIPULATION TO ACCEPT SERVICE OF PROCESS AND FOR BRIEFING SCHEDULE FOR MOTION TO QUASH ORDER Date: November 3, 2010 Time: 3:00 p.m. Place: Courtroom C, 15th Floor 450 Golden Gate Avenue San Francisco, California

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STIPULATION TO ACCEPT SERVICE OF PROCESS AND BRIEFING SCHEDULE, Case No. C-10-80225 MISC CRB (EMC)

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The Republic of Ecuador, by and through its counsel, Winston & Strawn LLP, and Diego Fernando Borja Sánchez, also known as Diego Borja ("Borja"), by and through his counsel, Arguedas, Cassman & Headley, LLP, hereby stipulate to the following: 1. Arguedas, Cassman & Headley, LLP, on behalf of Borja, hereby accepts

service and acknowledges receipt of the Subpoena to Testify at a Deposition or to Produce Documents in a Civil Action issued in the above referenced case pursuant to the Court's ORDER GRANTING REPUBLIC OF ECUADOR'S EX PARTE APPLICATION FOR THE ISSUANCE OF A SUBPOENA dated September 15, 2010 (the "Subpoena"). 2. Borja shall file and serve his motion to quash the Subpoena ("Motion to

Quash") no later than October 6, 2010. 3. follows: October 6, 2010 October 20, 2010 October 27, 2010 November 10, 2010 Borja's Motion to Quash Republic of Ecuador's Opposition Borja's Reply Hearing at 3:00 p.m. or at such other date or time set by the Court. 4. The current date set for the deposition and production of documents pursuant The briefing schedule and hearing date for the Motion to Quash shall be as

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to the Subpoena, October 1, 2010 at 9:30 a.m., shall be changed to a date at the same time and location that is not more than 28 days (unless otherwise agreed to by the mutual consent of the parties) following the entry of an order denying the Motion to Quash, with documents allowed by such order to be produced to Winston & Strawn LLP not later than 14 days after entry of such order. ///// ///// ///// ///// ///// ///// 2
STIPULATION TO ACCEPT SERVICE OF PROCESS AND BRIEFING SCHEDULE, Case No. C-10-80225 MISC CRB (EMC)

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5.

Should Borja fail to file the Motion to Quash as stipulated, then the documents

responsive to the Subpoena shall be produced to Winston & Strawn no later than October 13, 2010 and the deposition shall commence on October 27, 2010 at 9:30 a.m. at the San Francisco offices of Winston & Strawn LLP.

Dated: September 24, 2010

WINSTON & STRAWN LLP

By: /s/ Richard A. Lapping Eric W. Bloom C. MacNeil Mitchell Richard A. Lapping Attorneys for Applicant The Republic of Ecuador

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SF:292386.1

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Dated: September 24, 2010

ARGUEDAS, CASSMAN & HEADLEY, LLP

By: /s/ Michael W. Anderson Cristina Arguedas Michael W. Anderson Attorneys for Diego Fernando Borja Sánchez IT IS SO ORDERED. Dated: 9/28/10

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STIPULATION TO ACCEPT SERVICE OF PROCESS AND BRIEFING SCHEDULE, Case No. C-10-80225 MISC CRB (EMC)

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