Seagate Technology LLC et al v. National Union Fire Insurance Company of Pittsburgh, PA et al

Filing 61

ORDER re 60 Granting Stipulation TO PERMIT DEPOSITION OF ALIJAH RABELLDE AFTER FACT DISCOVERY CUT-OFF. Signed by Judge Claudia Wilken on 8/24/2010. (ndr, COURT STAFF) (Filed on 8/24/2010)

Seagate Technology LLC et al v. National Union Fire Insurance Company of Pittsburgh, PA et al

Doc. 61

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Farella Braun + Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

Mary E. McCutcheon (State Bar No. 099939) [e-mail] Tyler C. Gerking (State Bar No. 222088) [e-mail] Carly O. Alameda (State Bar No. 244424) [e-mail] Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs SEAGATE TECHNOLOGY LLC, SEAGATE TECHNOLOGY INTERNATIONAL, SEAGATE SINGAPORE INTERNATIONAL HEADQUARTERS PTE LTD UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

SEAGATE TECHNOLOGY LLC, a Delaware corporation, SEAGATE TECHNOLOGY INTERNATIONAL, a Cayman Islands Company; SEAGATE SINGAPORE INTERNATIONAL HEADQUARTERS PTE LTD, a Singapore corporation, Plaintiffs, vs. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, a Pennsylvania corporation; INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, a Pennsylvania corporation, Defendants.

Case No. 4:09-cv-04120-CW STIPULATION AND ORDER TO PERMIT DEPOSITION OF ALIJAH RABELLDE AFTER FACT DISCOVERY CUT-OFF Judge: Courtroom: Complaint Filed: Hon. Claudia Wilken 2 September 4, 2009

Pursuant to Civil Local Rules 6-2 and 26-2, the parties, through their undersigned counsel, submit the following stipulation and request an order changing time: WHEREAS, the current fact discovery cut-off is August 27, 2010;
STIP. AND [PROPOSED] ORDER TO PERMIT DEPOSITION OF ALIJAH RABELLDE AFTER FACT DISCOVERY CUT-OFF -- CASE NO. CV-09-4120-CW 23143\2351176.1

Dockets.Justia.com

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Farella Braun + Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

WHEREAS, Plaintiffs have diligently sought to secure the deposition of Alijah Rabellde, a former employee of AIG WorldSource with knowledge relevant to the above-captioned lawsuit, by serving him with a deposition subpoena pursuant to Federal Rule of Civil Procedure 45; WHEREAS, Plaintiffs have been unable to serve Mr. Rabellde with a deposition subpoena to date and, as a result, it is unlikely Plaintiffs will be able to depose Mr. Rabellde before the current fact discovery cut-off of August 27, 2010; WHEREAS, the parties wish to allow Plaintiffs to depose Mr. Rabellde, even if the deposition must occur after the current fact discovery cut-off; THEREFORE, IT IS HEREBY STIPULATED THAT: 1. Plaintiffs may serve Mr. Rabellde with a deposition subpoena and/or take Mr.

Rabellde's deposition after the current fact discovery cut-off of August 27, 2010, so long as the deposition occurs on or before September 17, 2010; 2. Plaintiffs shall continue to use reasonable efforts to serve a deposition subpoena on

Mr. Rabellde and take his deposition as soon as possible; 3. After Plaintiffs serve Mr. Rabellde with a deposition subpoena, the parties agree to

make themselves reasonably available for the deposition of Mr. Rabellde to take place as soon as possible; 4. No other deadlines currently set in this case shall be affected by this Stipulation

and [Proposed] Order absent further agreement and application to the Court; 5. The parties may seek further relief from the Court regarding Mr. Rabellde's

deposition by stipulation or, absent a stipulation, by motion.

STIP. AND [PROPOSED] ORDER TO PERMIT DEPOSITION OF ALIJAH RABELLDE AFTER FACT DISCOVERY CUT-OFF -- CASE NO. CV-09-4120-CW

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Farella Braun + Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

Dated: August 23, 2010 I represent that concurrence in the filing of this document has been obtained from the other signatory, which shall serve in lieu of his signature on this document.

FARELLA BRAUN + MARTEL LLP

By: /s/ Tyler C. Gerking Tyler C. Gerking Attorneys for Plaintiffs SEAGATE TECHNOLOGY LLC, SEAGATE TECHNOLOGY INTERNATIONAL, SEAGATE SINGAPORE INTERNATIONAL HEADQUARTERS PTE LTD

Dated: August 23, 2010

LEWIS BRISBOIS BISGAARD & SMITH, LLP

By: /s/ Stephen Kovarik Stephen Kovarik Attorneys for Defendants NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA and INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: 8/24/2010

_____________________________________ JUDGE CLAUDIA WILKEN United States District Judge

STIP. AND [PROPOSED] ORDER TO PERMIT DEPOSITION OF ALIJAH RABELLDE AFTER FACT DISCOVERY CUT-OFF -- CASE NO. CV-09-4120-CW

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