Lee v. Stonebridge Life Insurance Company

Filing 109

STIPULATION AND ORDER REGARDING THE DEPOSITION OF CHANDLER GIVENS. Signed by Judge Richard Seeborg on 5/14/13. (cl, COURT STAFF) (Filed on 5/14/2013)

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DAN MARMALEFSKY (CA SBN 95477)
[e-mail]
MORRISON & FOERSTER LLP
707 Wilshire Boulevard
Los Angeles, California 90017-3543
Telephone: [phone]
Facsimile: 213.892.5454
TIFFANY CHEUNG (CA SBN 211497)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
Attorneys for Defendant
STONEBRIDGE LIFE INSURANCE COMPANY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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JESSICA LEE, individually and on behalf of a
class of similarly situated individuals,

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Plaintiff,
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v.

Case No.

CV 11-0043-RS

[PROPOSED] STIPULATED
ORDER REGARDING THE
DEPOSITION OF CHANDLER
GIVENS

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STONEBRIDGE LIFE INSURANCE
COMPANY, a Vermont corporation, and
TRIFECTA MARKETING GROUP LLC, a
Florida limited liability company,

Judge:

Hon. Richard Seeborg

Action Filed: Jan. 4, 2011

Defendants.

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[PROPOSED] STIPULATED ORDER REGARDING THE DEPOSITION OF CHANDLER GIVENS
CV 11-0043-RS
sf-3282106

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Defendant Stonebridge Life Insurance Company (“Stonebridge”), Trifecta Marketing

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Group LLC (“Trifecta” and collectively with Stonebridge, “Defendants”) and Plaintiff Jessica

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Lee (collectively with Defendants, the “parties”), by and through their respective counsel of

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record, hereby enter into the following stipulation:

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WHEREAS on October 18, 2012, Plaintiff filed the October 18, 2012 Declaration of

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Chandler R. Givens in Support of Plaintiff’s Reply in Support of Motion for Class Certification

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(“Givens Declaration”);

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WHEREAS the Givens Declaration contains certain factual assertions concerning an
alleged text message he received from Plaintiff;
WHEREAS Stonebridge served a subpoena on Mr. Givens on April 17, 2013, calling for
him to appear for deposition on May 8, 2013;

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WHEREAS Stonebridge intends to depose Mr. Givens concerning, among other things,

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the contents of the Givens Declaration and any testimony he might offer concerning attempts to

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call the 877-711-5429 phone number shown in Exhibit 1 to the Givens Declaration (the “877

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Number”) and the results of any such calls;

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WHEREAS Mr. Givens is an attorney at the law firm of Edelson LLC (“Edelson”),
Plaintiff’s counsel of record in this action;

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WHEREAS Mr. Givens served objections to the subpoena served on him in this case;

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WHEREAS the parties agree that it would be more efficient to stipulate to certain

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evidentiary limitations rather than incur the time and expense of deposing Mr. Givens.

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THEREFORE, the parties agree and stipulate as follows:

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1.

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Stonebridge agrees to withdraw the April 17, 2013 subpoena served on Mr. Givens

in this action;
2.

Defendants will not re-notice the deposition of Mr. Givens nor notice the

deposition of any other current or former Edelson attorneys, employees, or representatives;
3.

Plaintiff agrees that she will not offer any evidence in this action concerning any

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phone calls made to the 877 Number by any current or former Edelson attorneys, employees, or

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representatives, including but not limited to the contents of any conversations with persons who
[PROPOSED] STIPULATED ORDER REGARDING THE DEPOSITION OF CHANDLER GIVENS
CV 11-0043-RS
sf-3282106

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may have answered such calls;
4.

Plaintiff further agrees that no Edelson attorneys, employees, or representatives

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will offer any other oral or written testimony in this action, except for the Givens Declaration and

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attorney declarations concerning matters that have occurred after January 4, 2011 (e.g.,

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authentication of documents). Except as set forth in paragraph 5 below, no former or current

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Edelson attorney, employee, or representative will testify at any trial in this matter.

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5.

If a Defendant intends to present evidence at trial that refutes the contents of the

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Givens Declaration, it will promptly notify Plaintiff of such intent. If a Defendant provides such

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notice, Plaintiff may call Mr. Givens as a trial witness, but only if Plaintiff makes Mr. Givens

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available for deposition within fourteen days of Defendant’s notice of intent to present the

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refuting evidence at trial. If Mr. Givens’s deposition cannot be completed before fact discovery

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has closed, Plaintiff agrees to join in a request to reopen fact discovery for the limited purpose of

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deposing Mr. Givens regarding the matters expressed in the Givens Declaration. If called as a

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witness at trial pursuant to the provisions of this paragraph, Mr. Givens’s testimony will be

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limited to the matters expressed in the Givens Declaration.

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IT IS SO STIPULATED

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[PROPOSED] STIPULATED ORDER REGARDING THE DEPOSITION OF CHANDLER GIVENS
CV 11-0043-RS
sf-3282106

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Dated: May 13, 2013

MORRISON & FOERSTER LLP

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By:

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Dated: May 13, 2013

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/s/ Tiffany Cheung
TIFFANY CHEUNG
Attorneys for Defendant
STONEBRIDGE LIFE INSURANCE
COMPANY

LAW OFFICES OF ALEXANDER E.
SKLAVOS, PC

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By:

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Dated: May 13, 2013

/s/ Alex Sklavos
ALEX SKLAVOS
Attorneys for Defendant
TRIFECTA MARKETING GROUP
LLC

EDELSON LLC

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By:

/s/ John Ochoa
JOHN OCHOA
Attorneys for Plaintiff
JESSICA LEE and the class

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[PROPOSED] STIPULATED ORDER REGARDING THE DEPOSITION OF CHANDLER GIVENS
CV 11-0043-RS
sf-3282106

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ATTESTATION OF FILER
I, Tiffany Cheung, hereby attest that concurrence in the filing of this document has been

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obtained from each of the other signatories. See L.R. 5-1(i)(3).

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Dated: May 13, 2013
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By:

/s/ Tiffany Cheung
TIFFANY CHEUNG
MORRISON & FOERSTER LLP

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PURSUANT TO STIPULATION, IT IS SO ORDERED

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Dated:

5/14/13
Hon. Richard Seeborg
United States District Judge

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[PROPOSED] STIPULATED ORDER REGARDING THE DEPOSITION OF CHANDLER GIVENS
CV 11-0043-RS
sf-3282106

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