County of Marin v. Deloitte Consulting LLP et al

Filing 118

ORDER appointing referee (tf, COURT STAFF) (Filed on 11/3/2011)

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BINGHAM MCCUTCHEN LLP
Donn P. Pickett (SBN 72257)
[e-mail]
Robert A. Lewis (SBN 83630)
[e-mail]
Geoffrey T. Holtz (SBN 191370)
[e-mail]
David C. Beach (SBN 226972)
[e-mail]
Three Embarcadero Center
San Francisco, CA 94111-4067
Telephone: [phone]
Facsimile: 415.393.2286
DELOITTE LLP
Karen Kennard (SBN 141925)
555 Mission Street, Suite 1400
San Francisco, CA 94105-2230
Telephone: [phone]
Attorneys for Defendant
DELOITTE CONSULTING LLP

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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COUNTY OF MARIN,

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Patrick K. Faulkner (SBN 070801)
County Counsel
[e-mail]
Sheila Shah Lichtblau (SBN 167999)
Deputy County Counsel
[e-mail]
3501 Civic Center Drive, Room 275
San Rafael, California 94903
Telephone: [phone]
Facsimile: 415.499.3796
Attorneys for Plaintiff
COUNTY OF MARIN

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KASOWITZ, BENSON, TORRES
& FRIEDMAN LLP
Mark P. Ressler (pro hac vice)
[e-mail]
R. Tali Epstein (pro hac vice)
[e-mail]
1633 Broadway
New York, New York 10019
Telephone: [phone]
Facsimile: 212.506.1800

Plaintiff,
v.

Case No. C 11-00381 SI
STIPULATION AND ORDER
APPOINTING REFEREE

DELOITTE CONSULTING LLP, SAP
AMERICA INC., SAP PUBLIC
SERVICES, INC., and ERNEST W.
CULVER,
Defendants.

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STIPULATION AND ORDER APPOINTING REFEREE

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WHEREAS defendant Deloitte Consulting LLP (“Deloitte Consulting”) filed a motion to
have the claims asserted against it in this action reassigned to a former judicial officer (the

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CV-11-381-SI
STIPULATION AND ORDER APPOINTING REFEREE

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“Referee”) pursuant to California Code of Civil Procedure Section 638(a) and Sections 17.14(a)

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& (b) of the Implementation Services Agreement dated March 29, 2005 (“ISA”) between

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plaintiff County of Marin (the “County”) and Deloitte Consulting (collectively the “Parties”);

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WHEREAS the County opposed the motion by Deloitte Consulting;

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WHEREAS this Court entered an Order on September 6, 2011 granting the motion of

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Deloitte Consulting to reassign the claims asserted against it in this action to a Referee pursuant

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to California Code of Civil Procedure Section 638(a) and Sections 17.14(a) & (b) of the ISA; and

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WHEREAS the Parties have stipulated to the appointment of The Honorable John F.
Herlihy (Ret.) to serve as the Referee;

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IT IS HEREBY ORDERED THAT:

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1. The claims asserted against Deloitte Consulting in this action are reassigned to former

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California Superior Court Judge John F. Herlihy as Referee pursuant to Sections

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17.14(a) & (b) of the ISA and California Code of Civil Procedure Section 638(a) to

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hear and determine all issues in this action involving Deloitte Consulting, whether of

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fact or of law.

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2. The Referee shall issue a written statement of decision including findings of fact and

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conclusions of law that shall be reported to the court within forty-five (45) calendar

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days after the matter has been submitted. The decision of the Referee shall stand as

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the decision of the court, and upon filing of the statement of decision with the clerk of

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the court, judgment may be entered thereon in the same manner as if the action had

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been tried by the court. The decision of the Referee may be excepted to and reviewed

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in like manner as if made by the court.

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STIPULATION AND ORDER APPOINTING REFEREE

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SO STIPULATED:
DATED: November 2, 2011
KASOWITZ, BENSON, TORRES & FRIEDMAN LLP

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By:__________________/s/__________________
Mark P. Ressler
Attorneys for County of Marin

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DATED: November 2, 2011

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BINGHAM McCUTCHEN LLP

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By:

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/s/
Robert A. Lewis
Attorneys for Deloitte Consulting LLP

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IT IS SO ORDERED
11/3
DATED: __________________, 2011

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The Hon. Susan Illston
United States District Court Judge

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STIPULATION AND ORDER APPOINTING REFEREE