TechShop, Inc. v. Rasure et al

Filing 186

ORDER by Judge Haywood S. Gilliam, Jr. Granting 185 Stipulation to Limit the Testimony of Daniel Woods at Trial. (Docket No. 159 Motion for Protective Order is terminated as moot). (ndrS, COURT STAFF) (Filed on 5/14/2019)

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ALLAN E. ANDERSON (SBN 133672)
TRACY LUU-VARNES (SBN 281165)
ARENT FOX LLP
555 West Fifth Street, 48th Floor
Los Angeles, CA 90013-1065
Telephone: [phone]
Facsimile: 213.629.7401
Email:
[e-mail]
[e-mail]
Attorneys for non-parties
MIKE HILBERMAN and DANIEL WOODS
_________

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

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TECHSHOP, INC. a California
corporation, DORIS A. KAELIN, in
her capacity as Chapter 7 trustee for
TECHSHOP, INC.
Plaintiff,
v.
DAN RASURE, an individual residing
in Kansas, TECHSHOP 2.0 LLC, a
Kansas limited liability corporation,
TECHSHOP 2.0 SAN FRANCISCO
LLC, a Kansas limited liability
corporation,

CASE NO. 4:18-CV-01044-HSG
(JCS)
STIPULATION AND ORDER TO
LIMIT THE TESTIMONY OF
DANIEL WOODS AT TRIAL

Judge: Hon. Haywood S. Gilliam, Jr.

Defendants.
AND RELATED COUNTERCLAIMS

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A RENT F OX LLP
ATTORNEYS AT LAW
LOS ANGELES

STIPULATION AND ORDER TO LIMIT
THE TESTIMONY
CASE NO. 4:18-CV-01044-HSG (JCS)

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Counsel for the parties and non-party witnesses Mike Hilberman and Daniel
Woods (the “Parties”) hereby stipulate as follows:
WHEREAS, on April 25, 2019, non-party witnesses Mike Hilberman and

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Daniel Woods filed their Motion to Modify Defendants’ Subpoena to Limit Scope

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of Testimony at Trial, or in the Alternative, A Motion for Productive Order (ECF

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No. 159) (“Motion”);

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WHEREAS, on May 3, 2019, the Court granted the parties stipulation to re-

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schedule the hearing on the Motion from August 22, 2019 to May 23, 2019 (ECF

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Nos. 171);

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WHEREAS, Mssrs. Woods and Hilberman are defendants or potential parties
in the following matters:
- John S. and James L. Knight Foundation v. TechShop San Jose, LLC,

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Early Growth Financial Services, Inc., Mike Hilberman and Daniel

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Woods, Case No. 18CV330565 –pending in the Superior Court of the

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State of California, County of Santa Clara (“Knight Foundation

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Lawsuit”); and

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- The Bankruptcy Trustee’s threatened lawsuit against Mr. Woods and Mr.

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Hilberman in the bankruptcy action entitled In re TechShop, Inc., Case

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No. 18-50398 (MEH), which is pending in the United States District

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Court, Northern District of California (“Trustee’s Action”).

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- The Knight Foundation Lawsuit and the Trustee’s Action are collectively
referred to as “The Other Matters”.
WHEREAS, the Motion seeks to limit and exclude the testimony sought of

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Mssrs. Hilberman and Woods regarding The Other Matters, which are wholly

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unrelated and irrelevant to the subject lawsuit, and/or otherwise protected by the

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attorney-client and/or “work product” privileges;

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A RENT F OX LLP
ATTORNEYS AT LAW
LOS ANGELES

WHEREAS, on May 8, 2019, the Court granted TechShop, Inc.’s motion in
limine to exclude Mr. Hilberman from testifying at trial (ECF No. 182);
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STIPULATION AND ORDER
CASE NO. 4:18-CV-01044-HSG (JCS)

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WHEREAS, as a result of the Court’s order excluding Mr. Hilberman from
testifying at trial, the Motion, as it pertains to Mr. Hilberman, is moot;

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WHEREAS, the Parties have further met and conferred regarding the subject

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matter of the Motion as it pertains to Mr. Woods and have agreed to a resolution to

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avoid a hearing on the Motion;

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NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the

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Parties, through their respective counsel and subject to the Court’s approval that the

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Parties will not seek to elicit any testimony from Dan Woods regarding The Other

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Matters, including any communications between Mr. Woods and his counsel

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regarding The Other Matters;
IT IS FURTHER STIPULATED AND AGREED THAT notwithstanding the

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foregoing, nothing in this Stipulation is intended, nor shall it be construed, to limit

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Defendants’ right to elicit any testimony from Mr. Woods regarding TechShop,

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Inc.’s alleged fraud and/or alleged misrepresentation, but to the extent the Parties

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do so, the testimony sought will be limited to communications and dealings with

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Dan Rasure and the parties in the subject action, or related to the events described

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in the complaint and counterclaim in this subject action or the consequences

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thereof, without reference to The Other Matters.

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IT IS FURTHER STIPULATED AND AGREED THAT this Stipulation

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does not impact Defendants’ right to elicit testimony from Mr. Woods regarding the

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remainder of the issues disclosed in their Trial Witness List as to Mr. Woods.

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A RENT F OX LLP
ATTORNEYS AT LAW
LOS ANGELES

Dated:

May 13, 2019

ARENT FOX LLP
By: /s/ Tracy Luu-Varnes
ALLAN E. ANDERSON
TRACY LUU-VARNES
Attorneys for Non-Party Witnesses
Mike Hilberman and Daniel Woods
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STIPULATION AND ORDER
CASE NO. 4:18-CV-01044-HSG (JCS)

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Dated:

May 13, 2019

PARRISH LAW OFFICE

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By: /s/ James Charles Pistorino
James Charles Pistorino
Parrish Law Office
Attorneys for Plaintiff/Cross-Defendant

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A RENT F OX LLP
ATTORNEYS AT LAW
LOS ANGELES

Dated:

May 13, 2019
By: /s/ Andrea Pallios Roberts
Ann McFarland Draper
[e-mail]
Draper Law Offices
75 Broadway, Suite 202
San Francisco, Ca 94111
Telephone: [phone]
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
Kevin P.B. Johnson
[e-mail]
Andrea Pallios Roberts
[e-mail]
555 Twin Dolphin Drive, 5th Floor
Redwood Shores, CA 94065
Telephone: [phone]
Ed Franco
[e-mail]
51 Madison Avenue, 22nd Floor
New York, NY 10010
Telephone: [phone]
John E. Nathan (Pro Hac Vice)
[e-mail]
John E. Nathan LLC
New York, NY 10128
Telephone: [phone]
Attorneys for Defendants and
Counterclaimants
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STIPULATION AND ORDER
CASE NO. 4:18-CV-01044-HSG (JCS)

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DECLARATION PURSUANT TO LOCAL RULE 5-1

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I, Tracy Luu-Varnes, hereby declare pursuant to Civil Local Rules 5-1(i)(3), I
have obtained the concurrence in the filing of this document has been obtained from
each of the above signatories.

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Executed this 13th day of May, 2019, in Los Angeles, California.

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By _/s/ Tracy Luu-Varnes_________
TRACY LUU-VARNES

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A RENT F OX LLP
ATTORNEYS AT LAW
LOS ANGELES

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STIPULATION AND ORDER
CASE NO. 4:18-CV-01044-HSG (JCS)

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: 5/14/2019
JUDGE HON. HAYWOOD S. GILLIAM, JR.
United States District Court
Northern District of California

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A RENT F OX LLP
ATTORNEYS AT LAW
LOS ANGELES

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STIPULATION AND ORDER
CASE NO. 4:18-CV-01044-HSG (JCS)