Securities and Exchange Commission v. Erik K. Bardman et al

Filing 75

STIPULATION AND ORDER re 74 Stipulation and [Proposed] Order Extending Discovery Deadlines and Increasing Number of Depositions filed by Erik K. Bardman. Signed by Judge Jon S. Tigar on December 6, 2017. Fact discovery cut-off 2/15/2018. Expert disclosures 3/1/2018. Expert rebuttals 3/30/2018. Expert discovery cut-off 5/1/2018. (wsn, COURT STAFF) (Filed on 12/6/2017)

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Patrick D. Robbins (State Bar No. 152288)
Emily V. Griffen (State Bar No. 209162)
Lisa Valenti-Jordan (State Bar No. 300161)
SHEARMAN & STERLING LLP
535 Mission Street, 25th Floor
San Francisco, CA 94105
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendant Erik K. Bardman

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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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SECURITIES AND EXCHANGE COMMISSION,

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Plaintiff,
v.
ERIK K. BARDMAN and
JENNIFER F. WOLF,

STIPULATION AND [PROPOSED]
ORDER EXTENDING DISCOVERY
DEADLINES AND INCREASING
NUMBER OF DEPOSITIONS
Case No. 3:16-cv-02023 (JST)

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Defendants.

Judge: Hon. Jon S. Tigar

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STIPULATION AND [PROPOSED] ORDER

CASE NO. 3:16-cv-02023 (JST)

WHEREAS, on November 14, 2016, the Court entered a Scheduling Order setting a

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September 17, 2018 trial date and various pre-trial deadlines (Dkt. No. 37);
WHEREAS, on September 6, 2017, pursuant to the request of the Parties, the Court

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entered a Stipulation and Order Extending Discovery Deadlines, providing that fact discovery be

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completed by January 15, 2018; that expert disclosures take place by February 1, 2018; that expert

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rebuttals be exchanged by March 1, 2018, and that expert discovery be completed by April 1, 2018,

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and that all other dates set by the Court in the Scheduling Order, including motion and trial dates,

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remain unchanged (Dkt. No. 72);
WHEREAS, plaintiff Securities and Exchange Commission (“Plaintiff”) and

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defendants Erik K. Bardman and Jennifer F. Wolf (“Defendants” and, together with Plaintiff, the

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“Parties”) have been diligently pursuing various forms of discovery, including requests for

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documents and depositions;
WHEREAS, almost all of the discovery being pursued by the Parties is third-party

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discovery. The Parties have worked cooperatively, both with each other and with third parties

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(including Logitech International S.A., Google, Inc., and PricewaterhouseCoopers LLP), and thus

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far have successfully avoided any motion practice with respect to discovery. The production of

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documents from third parties and setting of third party depositions, however, has taken longer than

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previously anticipated;
WHEREAS, after meeting and conferring the Parties mutually agree, subject to the

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Court’s permission, that additional time to complete fact and expert discovery is necessary. The

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Parties therefore request an extension of the fact and expert discovery cut-off dates as described

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below, once again leaving all other dates set by the Court, including those for motions and trial,

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unchanged;

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WHEREAS, the Parties believe that they may exceed the maximum of ten

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depositions per side, primarily because the Parties have cooperatively cross-noticed the depositions

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taken in this action and this practice will likely continue. As a result, the Parties agree to increase

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the maximum number of depositions to be taken to 15 per side;

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STIPULATION AND [PROPOSED] ORDER

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CASE NO. 3:16-cv-02023 (JST)

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IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for
Plaintiff and the attorneys for Defendants, with the Court’s permission, as follows:
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The fact discovery cut-off be extended from January 15, 2018 to February 15,

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2018; the expert disclosures deadline be extended from February 1, 2018 to March 1, 2018; the

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expert rebuttal deadline be extended from March 1, 2018 to March 30, 2018, and the expert

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discovery cut-off be extended from April 1, 2018 to May 1, 2018.

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2.

All other dates and deadlines in the Scheduling Order, including the May 15,

2018 deadline for dispositive motions and the September 17, 2018 trial date, remain unchanged.
3.

Plaintiff, on the one hand, and Defendants Bardman and Wolf together, on

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the other hand, shall each be permitted a maximum of fifteen depositions.

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Dated: December 4, 2017

SECURITIES AND EXCHANGE COMMISSION

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By:

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/s/ Kevin C. Lombardi
Kevin C. Lombardi

Paul W. Kisslinger (New Jersey Bar No. 6511995)
[e-mail]
Kevin C. Lombardi (District of Columbia Bar No. 474114)
[e-mail]
100 F Street, NE
Washington, DC 20549
Ph: [phone]
Fax: [phone]

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Attorneys for Plaintiff Securities and Exchange Commission

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Dated: December 4, 2017

SHEARMAN & STERLING LLP
By:

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/s/ Patrick D. Robbins
Patrick D. Robbins

535 Mission Street, 25th Floor
San Francisco, CA 94105
Ph: [phone]
Fax: [phone]
Attorneys for Defendant Erik K. Bardman

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STIPULATION AND [PROPOSED] ORDER

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CASE NO. 3:16-cv-02023 (JST)

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Dated: December 4, 2017

KANE+KIMBALL LLP

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By:

/s/ William H. Kimball
William H. Kimball

William H. Kimball (State Bar No. 242626)
[e-mail]
803 Hearst Avenue
Berkeley, CA 94710
Ph: [phone]
Fax: [phone]
Attorneys for Defendant Jennifer F. Wolf

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STIPULATION AND [PROPOSED] ORDER

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CASE NO. 3:16-cv-02023 (JST)

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ATTESTATION (CIVIL LOCAL RULE 5-1(i)(3))
In accordance with Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing
of this document has been obtained from each signatory.

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Dated: December 4, 2017

SHEARMAN & STERLING LLP

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By:
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/s/ Patrick D. Robbins
Patrick D. Robbins

Attorneys for Defendant Erik K. Bardman

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* * *

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IT IS SO ORDERED.

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Dated: ______________, 2017
December 6

Hon. Jon S. Tigar
United States District Judge

STIPULATION AND [PROPOSED] ORDER

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CASE NO. 3:16-cv-02023 (JST)