Artec Group, Inc. v. Klimov, an Individual et al

Filing 250

STIPULATION AND ORDER re (247) and 243 Order Joint Letter Brief and Stipulation re Compliance with Court's Order re Withdrawal of Counsel for the Klimov Defendants filed by Artec Group, Inc. Signed by Judge Edward M. Chen on 5/11/17. (bpfS, COURT STAFF) (Filed on 5/11/2017)

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Louise Ann Fernandez, Esq. – SBN 86263
Email: [e-mail]
An Nguyen Ruda, Esq. – SBN 215453
Email: [e-mail]
JEFFER MANGELS BUTLER &
MITCHELL LLP
2 Embarcadero Center, 5th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Benjamin Davidson, Esq. – SBN 241859
Email: [e-mail]
LAW OFFICES OF BENJAMIN
DAVIDSON, P.C.
8383 Wilshire Boulevard, Suite 830
Beverly Hills, CA 90211
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
ARTEC GROUP, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

16 ARTEC GROUP, INC., a California
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Corporation,
Plaintiff,

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vs.
ANDREY KLIMOV, an individual, et al.,
Defendants.

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Case No. 15-cv-03449-EMC
JOINT LETTER BRIEF AND
STIPULATION RE: COMPLIANCE
WITH COURT’S ORDER RE:
WITHDRAWAL OF COUNSEL FOR
THE KLIMOV DEFENDANTS [DKT.
243]; [PROPOSED] ORDER
Local Rule 6-2
Action Filed: July 27, 2015
Fact Discovery Close: August 17, 2017
Trial Date: February 20, 2018

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JOINT LETTER BRIEF & STIPULATION RE: WITHDRAWAL OF COUNSEL FOR KLIMOV DEFENDANTS
15-cv-03449-EMC

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[List of Counsel Continued]

2 Oly Roma Filatova, Esq. – SBN 243734
Email: [e-mail]
3 LAW OFFICES OF OLY FILATOVA
4 Opera Plaza
601 Van Ness Avenue, Suite 2052
5 San Francisco, CA 94102
Telephone: [phone]
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Facsimile: [phone]
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Igor Shoiket, Esq. – SBN 190066
8 Email: [e-mail]
9 DERGOSITS & NOAH LLP
One Embarcadero Center, Suite 350
10 San Francisco, CA 94111
Telephone: [phone]
11 Facsimile: [phone]
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Attorneys for Defendants
13 ANDREY KLIMOV; YULIA KLIMOVA; ANNA STEBLEVA;
14 A-STAR LLC; and ID-WISE SIA
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JOINT LETTER BRIEF & STIPULATION RE: WITHDRAWAL OF COUNSEL FOR KLIMOV DEFENDANTS
15-cv-03449-EMC

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Pursuant to the United States District Court, Northern District of California Local

2 Rules, Rule 6-2 and the Court’s Order re Defense Counsel Declarations and Plaintiff’s
3 Notice (Dkt. 243), Benjamin Davidson, attorney for plaintiff Artec Group, Inc. (“Artec” or
4 “Plaintiff”); Oly Filatova and Igor Shoiket, present counsel (pending the grant of their
5 withdrawal) for defendants Andrey Klimov, Yulia Klimova, Anna Stebleva, A-Star LLC,
6 and ID-Wise SIA (the "Klimov Defendants"), state and stipulate as follows:
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1.

On March 29, 2017, the hearing on the motions to withdraw filed by counsel

8 for the Klimov Defendants (as well as by counsel for co-defendant Axon Business
9 Systems) came before the aforementioned Court, the Hon. Edward M. Chen, District
10 Judge, presiding.
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2.

On April 4, 2017, the Court conditionally granted the motions to withdraw

12 The granting of the motions was conditioned on, e.g., (1) each individual defendant
13 registering for an ECF account; (2) each entity defendant providing an email address to be
14 added to the ECF system for purposes of service; (3) to return AEO documents to Artec
15 should no new counsel make an appearance on behalf of their clients by a date certain and
16 (4) withdrawing counsel to file declarations related to their compliance with the above. See
17 Dkt. 225, 243.
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3.

On April 28, 2017, Ms. Filatova filed a Declaration in Compliance with

19 4/4/2017 Court Order (Dkt. 238). On May 2, 2017, Artec filed a Notice of Defense
20 Counsel’s Noncompliance with Court Order of April 3, 2017 and Declaration of Benjamin
21 Davidson, Dkt. 240, 240-1.
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4.

On May 3, 2017, the Court issued an Order re Defense Counsel Declarations

23 and Plaintiff’s Notice. Dkt. 243. The Court directed the parties to meet and confer
24 regarding the alleged failure to comply and, within a week, to file a joint brief providing an
25 update for the Court and, if appropriate, a stipulation and proposed order.
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5.

Counsel for Plaintiff and the Klimov Defendants have met and conferred in

27 good faith regarding the Court’s Order. Following the met and confer, counsel have
28 agreed and STIPULATED to the following:
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JOINT LETTER BRIEF & STIPULATION RE: WITHDRAWAL OF COUNSEL FOR KLIMOV DEFENDANTS
15-cv-03449-EMC

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a.

Should none of the Klimov Defendants retain new counsel by May

2 12, 2017, present counsel will return all production CDs and hard copies containing
3 documents or other materials produced by Plaintiff in disclosure or discovery that has been
4 designated “HIGHLY CONFIDENTIAL—ATTORNEYS EYES ONLY” or “HIGHLY
5 CONFIDENTIAL—SOURCE CODE” (collectively, “AEO materials”), including
6 documents/materials that were re-designated as AEO materials after the Stipulated
7 Protective Order, as modified, was executed (Dkt. 165).
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b.

Should none of the Klimov Defendants retain new counsel by May

9 12, 2017, present counsel will return or delete all files and correspondences containing
10 AEO materials from their hard drives and servers, and also shall ensure that the same are
11 returned/deleted from the hard drives, servers, and files of anyone else who has viewed or
12 had access to these materials.
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c.

Should any of the Klimov Defendants retain new counsel by May 12,

14 2017, all AEO materials will be provided to new counsel, who shall be made aware of the
15 Stipulated Protective Order and the restrictions on disclosing Plaintiff’s AEO materials to
16 the Individual Defendants set forth therein and in the Court’s subsequent Orders.
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d.

The Parties further agree that that present counsel may have until May

18 15, 2017 to perform the acts set forth in 6(a)-(c) and that unless present counsel receives
19 confirmation from the Klimov Defendants on or before May 15, 2017 that they have
20 retained new counsel, they will return Plaintiff’s production CDs to the San Francisco
21 offices of Jeffer Mangels Butler & Mitchell on May 15, 2017 by hand-delivery or by
22 overnight mail with tracking.
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e.

Present counsel for the Klimov Defendants shall file a Notice of

24 Compliance affirming compliance with the aforementioned to the same extent as set forth
25 in the Court’s Order of April 4, 2017 (Dkt. 225). To the extent practicable, counsel shall
26 endeavor to obtain the concurrence of counsel for Plaintiff prior to filing the Notice of
27 Compliance. Such stipulation shall be filed no later than Wednesday, May 17, 2017.
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JOINT LETTER BRIEF & STIPULATION RE: WITHDRAWAL OF COUNSEL FOR KLIMOV DEFENDANTS
15-cv-03449-EMC

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IT IS SO STIPULATED

2 Dated: May 10, 2017
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Respectfully submitted,

Respectfully submitted,

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By: /s/ Benjamin Davidson

By: /s/ Oly Filatova

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Louise Ann Fernandez
An Nguyen Ruda
Rachel M. Capoccia
Jeffer Mangels Butler & Mitchell LLP

Oly Filatova
Law Offices of Oly Filatova

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Benjamin Davidson
Law Offices of Benjamin Davidson, P.C.
Attorneys for Plaintiff
ARTEC GROUP, INC.

Igor Shoiket
Dergosits & Noah LLP
Attorneys for Defendants
ANDREY KLIMOV; YULIA KLIMOVA;
ANNA STEBLEVA; A-STAR LLC; and IDWISE SIA

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JOINT LETTER BRIEF & STIPULATION RE: WITHDRAWAL OF COUNSEL FOR KLIMOV DEFENDANTS
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[PROPOSED] ORDER

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Good cause appearing, IT IS HEREBY ORDERED that the time periods and

4 conditions for compliance with the Court’s Order Conditionally Granting Defense
5 Counsel’s Motions to Withdraw (Dkt. 225) shall be amended and extended to the extent
6 set forth in the foregoing Stipulation.
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UNITED STATES DISTRICT JUDGE

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By:

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5/11/17
9 DATED:_________
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IT IS SO ORDERED.

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JOINT LETTER BRIEF & STIPULATION RE: WITHDRAWAL OF COUNSEL FOR KLIMOV DEFENDANTS
15-cv-03449-EMC