Integral Development Corp v. Tolat

Filing 167

ORDER REGARDING 162 164 THE PARTIES' SEPARATE DISCOVERY LETTER BRIEFS. Signed by Magistrate Judge Laurel Beeler on 9/26/2013. (lblc2, COURT STAFF) (Filed on 9/26/2013)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division
INTEGRAL DEVELOPMENT CORP,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Plaintiff,
v.

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No. C 12-06575 JSW (LB)
ORDER REGARDING THE PARTIES’
SEPARATE DISCOVERY LETTER
BRIEFS

VIRAL TOLAT,
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[Re: ECF Nos. 162, 164]
Defendant.
_____________________________________/
The court held a discovery hearing on September 26, 2013 and issues this order memorializing
what was decided.

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1. The court’s previous orders regarding the forensic evaluation by Access remains in effect.

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Mr. Russo’s proposed deadline of October 9, 2013 seems an appropriate time limitation. Integral’s

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counsel, Mr. Russo, will email Dr. Tolat’s counsel at Farella Braun + Martel immediately after the

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hearing detailing the work to be done. Having the work done is necessary for a productive

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settlement discussion. Mr. Russo also says he needs it to prepare the Rule 30(b)(6) witness, and the

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court accepts that representation.

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2. Dr. Tolat is now represented by Farella Braun + Martel. To oppose the pending motions, they

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need to depose Integral’s Rule 30(b)(6) witness. The court accepts that representation. The

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deposition is set for tomorrow (September 27, 2013). The deadline for Dr. Tolat’s opposition also is

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tomorrow. This timing presents problems given Mr. Russo’s asserted need for the Access data. The

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court appreciates Farella’s argument that Mr. Russo had enough information to file the summary

C 12-06575 JSW (LB)
ORDER

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judgment motion, but the issue from Farella’s perspective remains that the Rule 30(b)(6) deposition

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will be most productive after the forensic evaluation is completed.

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3. All of this impacts the schedule. The court ordered the parties to meet by telephone at 1 p.m.

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today (September 26, 2013) to work out a schedule that accomplishes the completion of the forensic

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evaluation and allows an orderly briefing of the motions so that the district court is in the best

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position to evaluate the parties’ arguments. The parties’ stipulated schedule should be filed as soon

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as possible today given the deadlines. The schedule should include the finalization of the forensic

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evaluation, a set date for the Rule 30(b)(6) deposition, and a revised briefing and hearing schedule

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for the motions. The parties must consult the district court’s calendar.

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4. If the parties need the undersigned’s help navigating the deadlines, they may call chambers at
415-522-4660 to arrange a case management call. The court likely will have only a short period of

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For the Northern District of California

UNITED STATES DISTRICT COURT

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time at 3:00 p.m. The court expects the parties to work it out because it is in all of their interests to

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file a joint stipulation as soon as possible today.

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IT IS SO ORDERED.

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Dated: September 26, 2013

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_______________________________
LAUREL BEELER
United States Magistrate Judge

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C 12-06575 JSW (LB)
ORDER

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