United States Commodity Futures Trading Commission v. Paron Capital Management, LLC et al

Filing 89

STIPULATION AND ORDER RE: TELEPHONIC DEPOSITIONS 88 . Signed by Judge Nathanael M. Cousins on 2/29/12. (nclc1, COURT STAFF) (Filed on 2/29/2012)

Case4:11-cv-04577-CW Document88 Filed02/29/12 Page1 of 4

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John Einstman (D.C. Bar No. 484539, [e-mail])
Tara R. Kelly (D.C. Bar No. 438241, [e-mail])
Jonathan P. Robell (D.C. Bar No. 493977, [e-mail])
Brian G. Mulherin (Cal. Bar No. 193297, [e-mail])
U.S. COMMODITY FUTURES TRADING COMMISSION
Three Lafayette Center
1155 21st Street, N.W.
Washington, D.C. 20581
Telephone: [phone] (Robell)
Facsimile: [phone]

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Attorneys for Plaintiff
U.S. COMMODITY FUTURES TRADING COMMISSION

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THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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UNITED STATES COMMODITY FUTURES
TRADING COMMISSION,

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Case No. C 11-04577 CW (NC)

Plaintiff,

STIPULATION AND PROPOSED ORDER
REGARDING TELEPHONIC
DEPOSITIONS

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v.

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PARON CAPITAL MANAGEMENT, LLC, and
JAMES D. CROMBIE,

Re: Dkt. No. 81

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Defendants.
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Whereas, on February 15, 2012, the parties appeared telephonically for a discovery status
conference before Judge Nathanael Cousins;
Whereas, Judge Cousins denied, without prejudice, Defendant James D. Crombie’s request to
conduct depositions telephonically;

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Whereas, Judge Cousins ordered the parties to meet and confer and to submit to the Court a

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stipulation containing a detailed protocol addressing issues associated with conducting depositions

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telephonically and the parties did so on February 21, 2012;

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Whereas, the parties agree that telephonic depositions may be conducted, if allowed by the
Court, in accordance with the following provisions:
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STIPULATION AND PROPOSED ORDER REGARDING TELEPHONIC DEPOSITIONS
Case No. 4:11-cv-04577 CW (NC)

Case4:11-cv-04577-CW Document88 Filed02/29/12 Page2 of 4

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a.

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reporter.

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b.

The party taking the deposition shall arrange for the services of a certified court

If a certified court reporter is not physically present with the witness, the party taking

the deposition shall arrange for the presence, with the witness, of a licensed notary public.
c.

The party taking the deposition shall provide to the witness and all parties a toll-free

conference call number as the means for participation in the deposition.
d.

All parties shall use only “land-line” telephones (i.e. not cellular or cordless

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telephones) to participate in the deposition, and the party taking the deposition shall test his own

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connection prior to the deposition and shall ensure that the witness also uses only a land-line

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telephone.
e.

The party taking the deposition shall ensure that the witness is able to travel to a

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location suitable for in-person attendance by other parties, should one or more parties choose to travel

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to the location of the deposition.

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f.

Not less than 48 hours prior to the start of a telephonic deposition, the party taking the

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deposition shall provide electronic copies of any documents that party may mark as exhibits during

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the deposition.

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g.

The party taking the deposition shall be responsible for the fees of the court reporter,

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including fees associated with questions asked by other parties, to the extent such questions are

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within the scope of the taking party’s examination. See Fed. R. Civ. P. 30; Fed. R. Evid. 611.

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h.

If more than one party concurrently subpoenas or notices the same witness, those

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parties will bear proportional responsibility for the fees of the court reporter, in consultation with the

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court reporter or his or her agency.

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Whereas, this agreement among the parties applies only to depositions taken by remote means

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and does not apply to depositions taken in person, even if the party taking a deposition in person

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intends to arrange for telephonic participation by counsel or other parties;

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Therefore, the parties stipulate and agree, and ask the Court to order, that telephonic depositions
may take place in accordance with the provisions set forth herein and agreed upon by the parties.

IT IS SO STIPULATED.
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STIPULATION AND PROPOSED ORDER REGARDING TELEPHONIC DEPOSITIONS
Case No. 4:11-cv-04577 CW (NC)

Case4:11-cv-04577-CW Document88 Filed02/29/12 Page3 of 4

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Dated: February 29, 2012

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Respectfully submitted,

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By:

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/s/
Jonathan P. Robell

John Einstman ([e-mail])
Tara R. Kelly ([e-mail])
Jonathan P. Robell ([e-mail])
Brian G. Mulherin ([e-mail])
U.S. COMMODITY FUTURES TRADING COMMISSION
Three Lafayette Center
1155 21st Street, N.W.
Washington, D.C. 20581
Telephone: [phone] (Robell)
Facsimile: [phone]

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Attorneys for Plaintiff
U.S. COMMODITY FUTURES TRADING COMMISSION

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By:

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/s/
Mark P. Fickes

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J. Noah Hagey, Esq. ([e-mail])
Mark P. Fickes, Esq. ([e-mail]_
BRAUNHAGEY & BORDEN LLP
101 California Street, Suite 2450
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
PARON CAPITAL MANAGEMENT, LLC

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By:
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2517 Mar East Street
Tiburon, CA 94920

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Defendant pro se

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/s/
James D. Crombie

Filer’s attestation: Pursuant to General Oder No. 45.X.B, counsel for Plaintiff U.S.

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Commodity Futures Trading Commission attests that concurrence in the filing of this document has

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been obtained from Mark P. Fickes, counsel for Defendant Paron Capital Management, LLC and

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from James D. Crombie, Defendant pro se.
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STIPULATION AND PROPOSED ORDER REGARDING TELEPHONIC DEPOSITIONS
Case No. 4:11-cv-04577 CW (NC)

Case4:11-cv-04577-CW Document88 Filed02/29/12 Page4 of 4

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CERTIFICATE OF SERVICE

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I hereby certify that on February 29, 2012, I caused a copy of the foregoing Stipulation and

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Proposed Order Regarding Telephonic Depositions to be filed with the Clerk of the Court using the

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CM/ECF system, which will automatically send electronic mail notification of such filing to the

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following attorneys of record for Defendant Paron Capital Management, LLC and to Defendant pro se

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James D. Crombie:

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Jonas Noah Hagey, Esq.
Mark Philip Fickes, Esq.
BraunHagey & Borden LLP
220 Sansome Street, 2nd Floor
San Francisco, CA 94104
Attorneys for Defendant Paron Capital Management, LLC

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James D. Crombie
2517 Mar East Street
Tiburon, CA 94920

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Defendant pro se
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By:
Jonathan P. Robell
John Einstman ([e-mail])
Tara R. Kelly ([e-mail])
Jonathan P. Robell ([e-mail])
Brian G. Mulherin ([e-mail])
U.S. COMMODITY FUTURES TRADING COMMISSION
Three Lafayette Center
1155 21st Street, N.W.
Washington, D.C. 20581
Telephone: [phone] (Kelly)
Facsimile: [phone]
Attorneys for Plaintiff
U.S. COMMODITY FUTURES TRADING COMMISSION

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STIPULATION AND PROPOSED ORDER REGARDING TELEPHONIC DEPOSITIONS
Case No. 4:11-cv-04577 CW (NC)

Case4:11-cv-04577-CW Document88-1 Filed02/29/12 Page1 of 1

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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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UNITED STATES COMMODITY FUTURES
TRADING COMMISSION,

Case No. C 11-04577 CW (NC)

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Plaintiff,
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[PROPOSED] ORDER REGARDING
TELEPHONIC DEPOSITIONS

v.
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Re: Dkt. No. 81
PARON CAPITAL MANAGEMENT, LLC, and
JAMES D. CROMBIE,

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Defendants.

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The Court has considered the stipulation of the parties and finds good cause to order that

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telephonic depositions be allowed in this matter, in accordance with the conditions set forth in the

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parties’ stipulation.

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IT IS SO ORDERED.

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Dated: February ___, 2012
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Hon. Nathanael Cousins
United States Magistrate Judge

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[PROPOSED] ORDER REGARDING TELEPHONIC DEPOSITIONS
Case No. 4:11-cv-04577 CW (NC)