Securities And Exchange Commission v. Schroeder

Filing 216

STIPULATION AND ORDER re 215 Expert Discovery Protocols. Signed by Magistrate Judge Howard R. Lloyd on 4/21/2010. (hrllc2, COURT STAFF) (Filed on 4/21/2010)

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KEKER & VAN NEST, LLP ELLIOT R. PETERS - #158708 [e-mail] R. JAMES SLAUGHTER - #192813 [e-mail] R. ADAM LAURIDSEN - #243780 [e-mail] 710 Sansome Street San Francisco, CA 94111-1704 Telephone: [phone] Facsimile: [phone] SHIRLI F. WEISS [e-mail] DAVID A. PRIEBE [e-mail] JEFF COOPERSMITH [e-mail] DLA PIPER LLP (US) 2000 University Avenue East Palo Alto, CA 94303 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant KENNETH L. SCHROEDER

*E-FILED 04-21-2010*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. KENNETH L. SCHROEDER, Defendant. Case No. C-07-3798-JW (HRL) JOINT STIPULATION AND [PROPOSED] ORDER CONCERNING XXXXXXXXX EXPERT DISCOVERY PROTOCOLS Courtroom: Judge: 2 The Hon. Howard Lloyd

485985.01

JOINT STIPULATION AND XXXXXXXXX ORDER CONCERNING EXPERT DISCOVERY PROTOCOLS [PROPOSED] CASE NO. C-07-3798-JW (HRL)

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WHEREAS, the parties anticipate retaining various expert witnesses to testify in the above-captioned action (the "Expert" or "Experts"); and WHEREAS, the period in which to conduct discovery in this action has commenced, and the parties desire to establish the following protocol to govern expert witness discovery in this action pursuant to the Federal Rules of Civil Procedure, Local Rules of this Court and any other applicable rules. IT IS HEREBY STIPULATED AS FOLLOWS: 1. The parties' Experts will identify in any final expert report disclosed pursuant to

Rule 26(b) of the Federal Rules of Civil Procedure, or any expert declaration or expert submission, the data or other information considered by the Experts in forming their opinions (collectively, "Expert Materials"), except as provided herein. 2. Each party shall provide a copy of all Expert Materials to all other parties,

provided, however, that copies of (a) those Expert Materials produced in the course of fact discovery shall be identified by Bates number or deposition exhibit number (if a document) or deponent name (if a deposition transcript), and (b) readily accessible treatises and other source materials need not be provided, unless specifically requested by a party. The parties also shall produce documents sufficient to show the compensation for the Expert's report or testimony. The deadline for a party to comply with the obligations of this paragraph and to produce copies of Expert Materials is five business days after production of the pertinent report of the party's Expert. 3. To the extent that the Expert Materials contain exhibits, information or data

processed or modeled by computer at the direction of an Expert in the course of forming the Expert's opinions, machine readable copies of the data along with the appropriate computer programs and instructions shall be produced, provided that the following need not be produced: (a) computer programs that are reasonably commercially available; and (b) databases and computer programs that (i) are used in the ordinary course of the expert's or a party's business and (ii) are not practicable to copy, or are copyright protected, so long as reasonable access is timely offered for purposes of, among other things, replication and analysis of disclosed results. 1

485985.01

JOINT STIPULATION AND XXXXXXXXX ORDER CONCERNING EXPERT DISCOVERY PROTOCOLS [PROPOSED] CASE NO. C-07-3798-JW (HRL)

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4. a. The parties agree that the Experts shall not be required to produce, or to identify among their Expert Materials, any drafts of the Experts' reports, declarations or other similar submissions. b. The parties also agree that the Experts are not required to produce, or identify among their Expert Materials, any notes, correspondence or communications between the expert and the designating party's counsel made after the production of their respective reports, nor any such notes, correspondence or communications with counsel regarding any draft report. 5. Documents required to be produced may be redacted to exclude all but the

materials required to be disclosed. IT IS SO STIPULATED. Schroeder's undersigned counsel of record, R. James Slaughter, hereby attests that Susan F. LaMarca concurs in the filing of this stipulation, in accordance with General Order No. 45, Electronic Case Filing, section 10(b).

Dated: April 13, 2010

KEKER & VAN NEST LLP

By: /s/ R. James Slaughter ________________ R. JAMES SLAUGHTER Attorneys for Defendant KENNETH L. SCHROEDER Dated: April 13, 2010

By: /s/ Susan F. LaMarca _________________ SUSAN F. LaMARCA Attorneys for Plaintiff SECURITIES AND EXCHANGE COMMISSION 2

485985.01

JOINT STIPULATION AND XXXXXXXXX ORDER CONCERNING EXPERT DISCOVERY PROTOCOLS [PROPOSED] CASE NO. C-07-3798-JW (HRL)

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[PROPOSED] XXXXXXXXX ORDER Pursuant to stipulation, IT IS SO ORDERED.

______________________________________ HON. HOWARD R. LLOYD UNITED STATES MAGISTRATE JUDGE

485985.01

JOINT STIPULATION AND XXXXXXXXX ORDER CONCERNING EXPERT DISCOVERY PROTOCOLS [PROPOSED] CASE NO. C-07-3798-JW (HRL)

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