Shenzhenshi Haitiecheng Science and Technology Co., Ltd. v. Rearden LLC et al

Filing 372

STIPULATION AND ORDER re 370 STIPULATION WITH PROPOSED ORDER RE TRIAL EXHIBITS INVOLVING ALAN KALIN filed by Virtue Global Holdings Limited. Signed by Judge Jon S. Tigar on December 5, 2016. (wsn, COURT STAFF) (Filed on 12/5/2016)

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KILPATRICK TOWNSEND & STOCKTON LLP
`
JON MICHAELSON (SBN 83815)
[e-mail]
SCOTT KOLASSA (SBN 294732)
[e-mail]
FRANCES B. COX (SBN 133696)
[e-mail]
1080 Marsh Road
Menlo Park, CA 94025
Telephone: [phone] / Facsimile: 650 326 2422

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KILPATRICK TOWNSEND & STOCKTON LLP
HOLLY GAUDREAU (SBN 209114)
[e-mail]
BENJAMIN M. KLEINMAN-GREEN (SBN 261846)
[e-mail]
Two Embarcadero Center, Suite 1900
San Francisco, CA 94111
Telephone: [phone] / Facsimile: 415 576 0300
Attorneys for Plaintiff and Counterclaim Defendant
SHENZHENSHI HAITIECHENG SCIENCE AND
TECHNOLOGY CO., LTD. and Intervenor
VIRTUE GLOBAL HOLDINGS LIMITED

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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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SHENZHENSHI HAITIECHENG
SCIENCE AND TECHNOLOGY CO., LTD.,
a People’s Republic of China corporation,
Plaintiff,
and
VIRTUE GLOBAL HOLDINGS LIMITED,
a business company incorporated in the
British Virgin Islands,
Intervenor,
v.

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REARDEN, LLC, a California Limited
Liability Company; REARDEN MOVA,
LLC, a California Limited Liability
Company; MO2, LLC, a California Limited
Liability Company; and MOVA, LLC, a
California Limited Liability Company,
Defendants.

Civil Action No. 3:15-cv-00797 JST (SK)
STIPULATION AND [PROPOSED]
ORDER RE TRIAL EXHIBITS
INVOLVING ALAN KALIN

Date:
Time:
Location:

December 5, 2016
8:30 a.m.
Courtroom 15, 18th Floor
Honorable Jon S. Tigar

Action Filed: February 20, 2015

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STIPULATION AND [PROPOSED] ORDER RE TRIAL EXHIBITS INVOLVING ALAN KALIN
Civil Action No. 3:15-cv-00797 JST (SK)

Intervenor Virtue Global Holdings Limited (“VGH”) and Defendants (collectively, the

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“parties”), by and through their undersigned counsel, hereby stipulate as follows:
WHEREAS, Defendants have made objections to VGH entering and using at trial exhibits

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reflecting email and email chains principally between and among Greg LaSalle, Steven Perlman

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and former Bingham attorney Alan Kalin, specifically PTX Nos. 29-33, 35-36, 38, 59 and 82-93;
WHEREAS, VGH has issued a trial subpoena for Alan Kalin to appear to testify so as to

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overcome the objections raised by Defendants as to use of these trial exhibits;

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WHEREAS, Defendants also wish to enter as trial exhibits correspondence principally

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between and among Greg LaSalle, Steven Perlman and former Bingham attorney Alan Kalin,

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specifically DTX Nos. 369-387; and
WHEREAS, the parties believe it would save time and be helpful if they avoid requiring

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Alan Kalin to testify;
THEREFORE, the parties request permission of the court to enter the following stipulated

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order:
1. The emails or email chains, as well as attachments thereto, reflected in PTX Nos. 29-33,

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35-36, 38, 59 and 82-93, and DTX Nos. 369-387 are authentic copies of what they purport to be

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on their face;

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2. Alan Kalin sent, received, and/or was copied on each of these emails or email chains,

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on or about the date(s) indicated therein, and the content of the messages contained therein was

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conveyed in the manner indicated therein; and

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3. No party objects to admission and use of the portions of these emails and email chains

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that constitute communications between or among Greg LaSalle, Steven Perlman, and/or Alan

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Kalin as evidence on any grounds, including hearsay.

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STIPULATION AND [PROPOSED] ORDER RE TRIAL EXHIBITS INVOLVING ALAN KALIN

Civil Action No. 3:15-CV-00797 JST (SK)

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DATED: December 3, 2016

Respectfully submitted,
KILPATRICK TOWNSEND & STOCKTON LLP

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By: /s/ Jon Michaelson
JON MICHAELSON

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Attorneys for Intervenor,
Virtual Global Holdings, Inc.

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DATED: December 3, 2016

TURNER BOYD LLP

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By: /s/ Karen I. Boyd
KAREN I. BOYD

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Attorneys for Defendants REARDEN, LLC,
REARDEN MOVA, LLC, MO2, LLC, and
MOVA, LLC

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IS IT SO ORDERED.

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December 5
DATED: __________________, 2016

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JON S. TIGAR
United States District Court Judge

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FILER’S ATTESTATION

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Pursuant to Civil Local Rule 5-1(i)(3), Jon Michaelson hereby attests that the concurrence
in the filing of this document has been obtained from the other signatories, which shall serve in
lieu of their signatures.

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/s/ Jon Michaelson
Jon Michaelson

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68952431V.1

STIPULATION AND [PROPOSED] ORDER RE TRIAL EXHIBITS INVOLVING ALAN KALIN

Civil Action No. 3:15-CV-00797 JST (SK)

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