Keane et al v. McMullen et al

Filing 89

STIPULATION AND ORDER: Advancing Hearing on Motion to Compel and Adopting Letter Brief Procedure. Federal Defendant Seth McMullen and John Silva's Motion to Compel Hearing set for 10/08/08 at 9:30 AM. Signed by Chief Magistrate Judge James Larson on 9/29/08. (jlsec, COURT STAFF) (Filed on 9/29/2008) Modified on 9/30/2008 (jlm, COURT STAFF). Modified on 9/30/2008 (jlm, COURT STAFF).

Download PDF
Case 4:07-cv-04894-SBA Document 88 Filed 09/24/2008 Page 1 of 5 1 2 3 4 5 6 7 8 9 10 A limited liability partnership formed in the State of Delaware Michael J. Coffino (SBN 88109) MCoffino@ReedSmith.com James E. Heffner (SBN 245406) JEHeffner@ReedSmith.com Christopher C. Foster (SBN 253839) CFoster@ReedSmith.com REED SMITH LLP Two Embarcadero Center, Suite 2000 San Francisco, CA 94111-3922 Mailing Address: P.O. Box 7936 San Francisco, CA 94120-7936 Telephone: Facsimile: 415.543.8700 415.391.8269 Attorneys for Plaintiffs Robert Carl Patrick Keane and Chieko Strange UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ROBERT CARL PATRICK KEANE, individually; and CHIEKO STRANGE, individually, Plaintiffs, vs. SETH M. MCMULLEN, PAUL ACCORNERO and JOHN SILVA, Defendants. No.: C-07-04894 SBA XXXXXXXX STIPULATION AND [PROPOSED] ORDER ADVANCING HEARING ON DEFENDANT'S MOTION TO COMPEL PRODUCTION AND ADOPTING LETTER BRIEF PROCEDURE TO AUGMENT ISSUES TO BE DECIDED Compl. Filed: February 19, 2008 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REED SMITH LLP Chief Magistrate Judge James Larson STIPULATION WHEREAS, Federal Defendants Seth McMullen and John Silva filed a motion to compel discovery or, in the alternative, to limit issues for trial ("MTC") on August 12, 2008; WHEREAS, the Federal Defendants' motion originally was set to be heard on District Judge Saundra Brown Armstrong's September 16, 2008 calendar; WHEREAS, on August 14, 2008, Judge Armstrong referred this case to a magistrate judge for all discovery and the Federal Defendants' motion thereafter was assigned to Chief Magistrate Judge James Larson; ­1­ US_ACTIVE-100174865.1 STIPULATION AND [PROPOSED] ORDER REGARDING OUTSTANDING DISCOVERY ISSUES Case 4:07-cv-04894-SBA Document 88 Filed 09/24/2008 Page 2 of 5 1 2 3 4 5 6 7 8 9 10 A limited liability partnership formed in the State of Delaware WHEREAS, on August 15, 2008, Federal Defendant's motion was continued and a new date of October 15, 2008 was given for hearing on the motion; and WHEREAS, after the Federal Defendants' motion to compel was filed, the exchange of additional information between the parties has changed substantially the issues raised in the motion that must be decided; and WHEREAS, multiple additional discovery disputes remain between the Federal Defendants and Plaintiffs and separate issues remain between Defendant Paul Accornero and Plaintiffs which are not addressed in the pending motion and which the parties wish to address with the Chief Magistrate; WHEREAS, the Chief Magistrate Judge now is unavailable October 15, 2008 and counsel for Accornero is not available October 8, 2008; IT IS THEREFORE STIPULATED between Plaintiffs, Federal Defendants John Silva and Seth McMullen and Defendant Paul Accornero, by and through their undersigned attorneys of record, for the convenience of the parties and the Court: 1. Federal Defendant Seth McMullen and John Silva's pending motion to compel shall ADVANCED so as to be heard October 8, 2008 at 9:30 a.m.; the issues to be addressed, however, shall be recast in their entirety in a five page singlespaced joint statement ("Statement"); in addition to the recast issues in Federal Defendant's previously-filed motion, the Statement shall address additional outstanding discovery issues existing between Federal Defendants and Plaintiffs, 2. 3. The Statement shall be filed no later than September, 29, 2008; If additional discovery issues exist between Plaintiffs and Defendant Accornero, such issues shall be addressed in a separate five page single-spaced joint statement to be filed on or before October 29, 2008; if necessary, a hearing on such /// /// /// ­2­ US_ACTIVE-100174865.1 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REED SMITH LLP STIPULATION AND [PROPOSED] ORDER REGARDING OUTSTANDING DISCOVERY ISSUES Case 4:07-cv-04894-SBA Document 88 Filed 09/24/2008 Page 3 of 5 1 2 3 4 5 6 7 8 9 10 A limited liability partnership formed in the State of Delaware additional issues shall take place on a date to be set by the Court. SO STIPULATED: DATED: September 24, 2008 REED SMITH LLP By /s/ James E. Heffner James E. Heffner Attorneys for Plaintiffs ROBERT CARL PATRICK KEANE and CHIEKO STRANGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: September 24, 2008 MEYERS, NAVE, RIBACK, SILVER & WILSON LLP By /s/ Tricia L. Hynes Tricia L. Hynes Attorneys for Defendant PAUL ACCORNERO and JOHN SILVA REED SMITH LLP DATED: September 24, 2008 JOSEPH P. RUSSONIELLO, United States Attorney By /s/ Abraham A. Simmons ABRAHAM A. SIMMONS Assistant United States Attorney United States Department of Justice Attorneys for Defendants SETH MCMULLEN and JOHN SILVA ­3­ US_ACTIVE-100174865.1 STIPULATION AND [PROPOSED] ORDER REGARDING OUTSTANDING DISCOVERY ISSUES Case 4:07-cv-04894-SBA Document 88 Filed 09/24/2008 Page 4 of 5 1 2 3 4 5 6 7 8 9 10 A limited liability partnership formed in the State of Delaware XXXXXXXXX ORDER [PROPOSED] Based upon the stipulation of the parties, and for good cause shown, the Court orders as follows: 1. Federal Defendant Seth McMullen and John Silva's pending motion to compel shall ADVANCED so as to be heard October 8, 2008 at 9:30 a.m.; 2. On or before September, 29, 2008, the parties shall file a joint statement not to exceed five single-spaced pages addressing outstanding discovery issues existing between Federal Defendants and Plaintiffs, 3. If additional discovery issues exist between Plaintiffs and Defendant Accornero, such issues shall be addressed in a separate five page single-spaced joint statement to be filed on or before October 29, 2008; 4. A hearing on discovery issues existing between Accornero and Plaintiffs, if necessary, shall be scheduled XX________ XXXXX for XXXXXX __, 2008. PURSUANT TO STIPULATION IT IS SO ORDERED: September 29, DATED: _______________, 2008 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REED SMITH LLP Chief Magistrate Judge James Larson ­4­ US_ACTIVE-100174865.1 STIPULATION AND [PROPOSED] ORDER REGARDING OUTSTANDING DISCOVERY ISSUES Case 4:07-cv-04894-SBA Document 88 Filed 09/24/2008 Page 5 of 5 1 2 3 4 5 6 7 8 9 10 A limited liability partnership formed in the State of Delaware CERTIFICATION I hereby attest that concurrence in the filing of this document has been obtained by the above named signatories. DATED: September 24, 2008. REED SMITH LLP By /s/ James E. Heffner James E. Heffner Attorneys for Plaintiffs Robert Carl Patrick Keane and Chieko Strange 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ­5­ US_ACTIVE-100174865.1 REED SMITH LLP STIPULATION AND [PROPOSED] ORDER REGARDING OUTSTANDING DISCOVERY ISSUES

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?