GMYL, L.P. v. Coppola et al
Filing
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STIPULATION AND ORDER REGARDING DEFENDANTS' DEPOSITION TRANSCRIPT REVIEW AND BRIEFING SCHEDULE FOR DEFENDANTS' MOTION TO DISMISS. Signed by Judge Richard Seeborg on 5/21/14. (cl, COURT STAFF) (Filed on 5/21/2014)
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K&L GATES LLP
Four Embarcadero Center, Suite 1200
San Francisco, CA 94111
Telephone: (415) 882-8200
Facsimile: (415) 882-8220
Susan E. Hollander (SBN 133473)
susan.hollander@klgates.com
Sharoni S. Finkelstein (SBN 271829)
sharoni.finkelstein@klgates.com
K&L GATES LLP
10100 Santa Monica Boulevard
Los Angeles, CA 90067
Telephone: (310) 552-5000
Facsimile: (310) 552-5001
Seth A. Gold (SBN 163220)
seth.gold@klgates.com
Attorneys for Plaintiff
GMYL, L.P.
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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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GMYL, L.P., a California limited partnership;
CASE NO. 13-cv-04739-RS
ORDER
Plaintiff,
STIPULATION REGARDING
DEFENDANTS’ DEPOSITION
vs.
TRANSCRIPT REVIEW AND BRIEFING
SCHEDULE FOR DEFENDANTS’
ERNESTO COPPOLA, an individual; COPPOLA MOTION TO DISMISS
FOODS LIMITED, a foreign company; and
DOES 1 THROUGH 10
Defendants.
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STIPULATION RE BRIEFING SCHEDULE FOR DEFENDANTS’ MOTION TO DISMISS
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IT IS HEREBY STIPULATED by and between Plaintiff GMYL, L.P. (“Plaintiff”) and
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Defendants Ernesto Coppola and Coppola Foods Limited (collectively, “Defendants”), by and
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through their counsel of record, as follows:
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WHEREAS, on October 11, 2013, Plaintiff filed its Complaint against Defendants;
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WHEREAS, on February 5, 2014, Defendants filed a Motion to Dismiss Claims, whereby
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Coppola Foods Limited seeks, inter alia, dismissal of the claims against it for lack of personal
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jurisdiction;
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WHEREAS, on February 20, 2014, pursuant to the Case Management Conference, the Court
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ordered (1) that Plaintiff may take limited discovery regarding personal jurisdiction and may take that
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discovery until April 22, 2014 (the “Jurisdictional Discovery Period”), and (2) that upon the close of
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the Jurisdictional Discovery Period, Defendants may re-notice their motion to dismiss;
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WHEREAS, on March 24, 2014, the Court ordered that Plaintiff may take the depositions of
both Defendants and of Maria Suleymanova in connection with jurisdictional discovery;
WHEREAS, on April 3, 2014, the Parties stipulated to extend the Jurisdictional Discovery
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Period to May 27, 2014 in order to accommodate the parties’ respective schedules in a manner that
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would allow non-resident Defendants to travel to the United States for depositions and for a
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settlement conference, and the Court ordered that the Jurisdictional Discovery Period be so extended;
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WHEREAS, the Parties have agreed that the depositions of Defendants and Ms. Suleymanova
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will take place from May 21, 2014 through May 23, 2014;
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WHEREAS, Defendant Coppola Foods Limited intends to renew its motion to dismiss for
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lack of personal jurisdiction shortly after the Jurisdictional Discovery Period closes and Plaintiffs
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anticipate using testimony from the depositions of Defendants and Ms. Suleymanova (the
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“Jurisdictional Depositions”) in opposition to such motion;
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WHEREAS, the parties have agreed to a process to accommodate Defendants’ interest in re-
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noticing their motions to dismiss shortly after the Jurisdictional Discovery Period closes, Defendants’
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and Ms. Suleymanova’s interest in reviewing their deposition transcripts, and Plaintiff’s interest in
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being able to use testimony from the transcripts of the Jurisdictional Depositions in opposition to
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Coppola Foods Limited’s motion to dismiss for lack of jurisdiction;
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STIPULATION RE BRIEFING SCHEDULE FOR DEFENDANTS’ MOTION TO DISMISS
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NOW, THEREFORE, it is hereby stipulated and agreed by and between the Parties as
follows:
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Defendants will re-notice their motion to dismiss, if at all, no earlier than the date on
which they receive the last of the transcripts for the Jurisdictional Depositions;
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Defendants and party-affiliated witness Ms. Suleymanova will each review its, his, or
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her transcript for the Jurisdictional Deposition and make any necessary changes thereto, or notify all
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parties that no changes to the Deposition Transcripts are necessary, within seven (7) days of its, his,
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or her respective receipt of such transcript (the “Review Period”);
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3.
Upon the expiration of the Review Period, and in the absence of any changes to the
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transcripts for the Jurisdictional Depositions or notification that no changes are necessary, it will be
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deemed that no changes to the transcripts for the Jurisdictional Depositions will be made;
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Once Defendants re-notice their motion to dismiss in accordance with this Stipulation,
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all dates related to the motion to dismiss shall be in accordance with the Federal Rules of Civil
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Procedure, the Civil Local Rules, and the Standing Orders of this Court; and
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5.
Nothing in this stipulation shall prevent the parties from modifying their agreement
regarding the actual handling of the transcripts for each of the Jurisdictional Depositions.
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DATED: May 20, 2014
Seth A. Gold
K&L GATES LLP
Attorneys for Plaintiff
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DATED: May 20, 2014
Walter C. Pfeffer
COLT/SINGER/BEA LLP
Attorneys for Defendants and deponent Maria
Suleymanova
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PURSUANT TO STIPULATION, IT IS ORDERED.
DATED: 5/21/14
RICHARD SEEBORG
United States District Judge
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STIPULATION RE BRIEFING SCHEDULE FOR DEFENDANTS’ MOTION TO DISMISS
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