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

Filing 68

DISCOVERY ORDER re 62 Letter filed by Insurance Company of the State of Pennsylvania, National Union Fire Insurance Company of Pittsburgh, PA. Signed by Judge Maria-Elena James on 9/13/2010. (mejlc1, COURT STAFF) (Filed on 9/13/2010)

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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 [PROPOSED] ORDER REGARDING DEPOSITION OF MARY McCUTCHEON

The Court received and reviewed the parties' joint dispute letter regarding the deposition of Mary McCutcheon, filed on August 25, 2010. The parties then participated in a telephonic
[PROPOSED] ORDER REGARDING DEPOSITION OF MARY E. MCCUTCHEON -- CASE NO. CV-09-4120CW 23143\2364195.1

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

hearing with the Court on Friday, September 3, 2010. Plaintiffs Seagate Technology LLC, Seagate Technology International, and Seagate Singapore International Headquarters PTE Ltd. ("Seagate") were represented by Tyler Gerking. Defendants Insurance Company of the State of Pennsylvania ("ISOP") and National Union Fire Insurance Company of Pittsburgh, PA ("National Union") were represented by Stephen Kovarik. Upon consideration of the parties' positions, the Court ORDERS as follows: 1. Defendants ISOP and National Union may not depose Seagate's counsel, Mary

McCutcheon, unless and until Seagate identifies Ms. McCutcheon as a witness to testify at trial in the above-referenced lawsuit. 2. If Seagate decides to have Ms. McCutcheon testify as a witness at trial, Seagate

shall give notice to Defendants of such intention and produce Ms. McCutcheon for deposition at least 60 days prior to the first day of trial. IT IS SO ORDERED.

September 13, 2010 Dated:________________

_____________________________________ JUDGE MARIA-ELENA JAMES Chief United States Magistrate Judge

PROPOSED] ORDER REGARDING DEPOSITION OF MARY E. MCCUTCHEON -- -- CASE NO. CV-09-4120CW

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

PROOF OF SERVICE I, the undersigned, declare that I am a resident of the State of California, employed in the County of San Francisco, over the age of eighteen years and not a party to the within action. My business address is: Farella Braun + Martel LLP, 235 Montgomery Street, 17th Floor, San Francisco, California 94104. On this date I served the within document(s): [PROPOSED] ORDER REGARDING DEPOSITION OF MARY McCUTCHEON X BY ELECTRONIC FILING: the within document(s), the automatically generated notification for which constitutes service pursuant to General Order 45, Section IX(A) and (B). Rebecca R. Weinreich, Esq. Stephen Kovarik, Esq. Lewis Brisbois Bisgaard & Smith, LLP 221 North Figueroa Street, Suite 1200 Los Angeles, CA 90012 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail]; [e-mail] Attorneys for Defendants National Union Fire Insurance Company Of Pittsburgh, PA and Insurance Company Of The State Of Pennsylvania MAIL: by placing a true copy thereof, addressed as set forth below and enclosed in a X sealed envelope with postage thereon fully prepaid and deposited for collection and mailing with the U.S. Postal Service. I am readily familiar with the ordinary business practice of this office for processing mail. X ELECTRONIC TRANSMISSION: a true and correct copy transmitted to each of the parties at the electronic notification address last given by said party on any document which he or she has filed in this action and served upon this office. I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed in San Francisco, California on September 10, 2010.

/s/ Lawrence L. Coles Lawrence L. Coles

PROPOSED] ORDER REGARDING DEPOSITION OF MARY E. MCCUTCHEON -- -- CASE NO. CV-09-4120CW

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