Guitron et al v. Wells Fargo Bank, N.A. et al

Filing 46

ORDER RE APPOINTMENT OF DISCOVERY REFEREE. Signed by Judge Maria-Elena James on 9/29/2011. (cdnS, COURT STAFF) (Filed on 9/29/2011)

1 ALLEN MATKINS LECK GAMBLE
MALLORY & NATSIS LLP
2 BALDWIN J. LEE (BAR NO. 187413)
ALEXANDER NESTOR (BAR NO. 202795)
3 Three Embarcadero Center, 12th Floor
San Francisco, CA 94111-4074
4 Phone: [phone]
Fax: [phone]
5 E-Mail: [e-mail]
[e-mail]
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Attorneys for Defendants
7 WELLS FARGO BANK, WELLS FARGO & CO. AND
PAM RUBIO
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YOSEF PERETZ (BAR NO. 209288)
9 EMILY A. KNOLES (BAR NO. 241671)
MICHAEL D. BURSTEIN (BAR NO. 248516)
10 PERETZ & ASSOCIATES
22 Battery Street, Suite 202
11 San Francisco, CA 94111
Phone: [phone]
12 Fax: [phone]
13 Attorneys for Plaintiffs
YESENIA GUITRON and JUDI KLOSEK
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA - OAKLAND DIVISION

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18 YESENIA GUITRON and JUDI KLOSEK,
Plaintiffs,

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vs.

Case No. CIV-10-03461 CW [MEJ]
PARTIES' THIRD STIPULATION AND
[PROPOSED] ORDER REGARDING
APPOINTMENT OF DISCOVERY
REFEREE

21 WELLS FARGO BANK, N.A.; WELLS
FARGO & CO.; PAM RUBIO and DOES 1-20,
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Defendants.
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LAW OFFICES

Allen Matkins Leck Gamble
Mallory & Natsis LLP

823291.01/SF

Case No. CIV-10-03461 CW
PARTIES' STIP AND [PROPOSED] ORDER RE
APPOINTMENT OF DISCOVERY REFEREE

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WHEREAS, the parties have previously stipulated to using Commissioner Richard Best

2 (Ret.) as a discovery referee for the purpose of conducting depositions in this action, which the
3 Court has approved (see Docket No. 43);
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WHEREAS, the parties now have stipulated to using Commissioner Richard Best (Ret.) as

5 a discovery referee for the purpose of conducting the depositions of additional witnesses noticed
6 by Defendants;
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WHEREAS, the parties have agreed that, in his role as discovery referee, Commissioner

8 Best shall have the authority and powers to: (1) rule on objects made during the course of the
9 depositions, (2) direct the witness to answer questions, and (3) rule on motions and other requests
10 by the parties relating to the scope of and conduct of the depositions;
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WHEREAS, the parties have agreed that Commissioner Best’s rulings: (1) are subject to

12 appeal to Magistrate Judge James, in the form of a joint letter, as set forth in Magistrate Judge
13 James; Standing Order Regarding Discovery & Dispute Procedures, but that any such appeal must
14 be filed within 10 calendar days following the ruling, and (2) must be in compliance with any
15 previous orders of Magistrate Judge James;
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WHEREAS, the parties have agreed that Defendants will pay Commissioner Best’s fees

17 and costs related to the performance of his role as discovery referee for the depositions noticed by
18 Defendants;
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THEREFORE, the parties, through their undersigned counsel below, hereby stipulate and

20 agree, and respectfully request that the Court issue an order that:
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1.

Commissioner Richard Best (Ret.) will serve as a discovery referee for the limited

22 purpose of conducting the additional depositions noticed by Defendants in this action.
23 Commissioner Best will serve in this role by either attending the deposition in person or in an “on
24 call” capacity as outlined in his e-mail dated July 30, 2011. Commissioner Best’s appearance
25 shall be determined at Defendants' discretion.
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2.

Commissioner Best shall have the authority and powers to: (1) rule on objects made

27 during the course of the depositions, (2) direct the witness to answer questions, and (3) rule on
28 motions and other requests by the parties relating to the scope of and conduct of the depositions.
LAW OFFICES

Allen Matkins Leck Gamble
Mallory & Natsis LLP

823291.01/SF

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Case No. CIV-10-03461 CW
PARTIES' STIP AND [PROPOSED] ORDER RE
APPOINTMENT OF DISCOVERY REFEREE

3.

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Commissioner Best's rulings shall be compliant and consistent with Magistrate

2 Judge James' previous orders in this action, including her August 4, 2011, Discovery Order.
4.

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Commissioner Best’s rulings: (1) are subject to appeal to Magistrate Judge James,

4 in the form of a joint letter, as set forth in Magistrate Judge James; Standing Order Regarding
5 Discovery & Dispute Procedures, but that any such appeal must be filed within 10 calendar days
6 following the ruling, and (2) must be in compliance with any previous orders of Magistrate Judge
7 James.
5.

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Defendants will pay Commissioner Best’s fees and costs related to the performance

9 of his role as discovery referee, as set forth above.
10 IT IS SO STIPULATED THROUGH COUNSEL OF RECORD.
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12 Dated: July 5, 2011
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ALLEN MATKINS LECK GAMBLE
MALLORY & NATSIS LLP
By: /s/ Alexander Nestor
ALEXANDER NESTOR
Attorneys for Defendants
WELLS FARGO BANK, WELLS FARGO
& CO. AND PAM RUBIO

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19 Dated: July 1, 2011
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PERETZ & ASSOCIATES
By: /s/ Yosef Peretz
YOSEF PERETZ
Attorneys for Plaintiffs
YESENIA GUITRON and JUDI KLOSEK

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LAW OFFICES

Allen Matkins Leck Gamble
Mallory & Natsis LLP

823291.01/SF

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Case No. CIV-10-03461 CW
PARTIES' STIP AND [PROPOSED] ORDER RE
APPOINTMENT OF DISCOVERY REFEREE

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ORDER

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Pursuant to the parties' stipulation above, and good cause appearing therefor, IT IS SO

6 ORDERED.
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September 29, 2011
DATED: ________________________

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____________________________________
HON. MARIA-ELENA JAMES
MAGISTRATE JUDGE

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LAW OFFICES

Allen Matkins Leck Gamble
Mallory & Natsis LLP

823291.01/SF

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Case No. CIV-10-03461 CW
PARTIES' STIP AND [PROPOSED] ORDER RE
APPOINTMENT OF DISCOVERY REFEREE