Levitte v. Google Inc.

Filing 56

STIPULATION re: Expert Witness Discovery Order by Google Inc.. (Boot, Sarah) (Filed on 8/31/2009)

Levitte v. Google Inc.

Doc. 56

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COOLEY GODWARD KRONISH LLP MICHAEL G. RHODES (116127) ([e-mail]) LEO P. NORTON (216282) ([e-mail]) SARAH R. BOOT (253658) ([e-mail]) 4401 Eastgate Mall San Diego, CA 92121-1909 Telephone: [phone] Facsimile: [phone] COOLEY GODWARD KRONISH LLP PETER J. WILLSEY (admitted pro hac vice) ([e-mail]) 777 6th Street, N.W. Washington, D.C. 20001 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant GOOGLE INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

In re Google AdWords Litigation

Case No. 08-cv-03369 JW RS STIPULATED EXPERT WITNESS DISCOVERY ORDER

Plaint iffs and Defendant Google Inc. ("Google") (Plaintiff and Google collectively the "Parties"), by and through their respective counsel, hereby stipulate and agree to the following procedures governing disclosure of materials related to expert witnesses in the above-captioned proceedings (the "Google AdWords Litigation"): 1. Wit h respect to any person or entity who Plaintiffs or Google (either one, a

"Party") have identified as an expert whose opinions may be presented at trial pursuant to Rules 702, 703 or 705 of the Federal Rules of Evidence (an "Expert"), such Party shall produce the following documents pursuant to such deadlines as may be ordered by the Court: 1.
STIPULATED EXPERT WITNESS DISCOVERY ORDER CASE NO. 08-CV-03369 JW RS
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(a)

a complete statement of all opinions to be expressed by the Expert and the

basis and reasons for them (the "Expert Report"); (b) in the Expert Report; (c) any exhibits to be used to summarize or support the opinions reflected in all facts or data considered by the Expert in forming the opinions reflected

the Expert Report (to the extent such exhibits exist at the time the Expert Report is produced); (d) a complete statement of the qualifications of the Expert, including a list of

all publications authored by the Expert within the preceding ten years; (e) a listing of any other cases, or any administrative proceeding, in which the

Expert has served an Expert Report, or has testified as an expert at trial or by deposition, within the preceding four years; (f) a complete statement of the compensation paid or to be paid to the Expert

by all Parties sponsoring that Expert in connection with his/her work in this matter. No party shall be required to produce any documents other than those documents expressly identified in this paragraph.1 2. Notwithstanding the provision of Fed. R. Civ. P. 26 or applicable case law, neither

an Expert nor the Party retaining such Expert shall be required to produce, testify at deposition or trial concerning, or answer interrogatories that relate to: (a) draft reports, draft studies, draft work papers; preliminary or intermediate

calculations, computations, or data runs; or other preliminary, intermediate or draft materials prepared by, for, or at the direction of the Expert, including any such materials prepared by, for or
1

Notwithstanding the foregoing, (i) documents previously produced in the Google AdWords Litigation in discovery need not be produced again, but may be identified by Bates number, (ii) documents previously filed in the Google AdWords Litigation need not be produced, but may be identified by docket number and date filed, (iii) documents or pleadings previously served to all parties in the Google AdWords Litigation need not be produced, but may be identified by document title and date served, (iv) transcripts of hearings or depositions in the Google AdWords Litigation need not be produced, but may be identified by name of deponent and/or the date(s) of the hearing or deposition and the relevant pages, (v) deposition exhibits from depositions taken in the Google AdWords Litigation need not be produced, but may be identified by Exhibit Number, and (vi) cases, statutes, treatises and similarly publicly available literature need not be produced, but may be identified in "Bluebook-style" citation form. 2.
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at the direction of the Expert's employees, assistant(s), clerical or support staff; regardless of the form in which the draft materials are recorded; or (b) communicat ions or documents constituting or reflecting communications

between an Expert and counsel to a Party or between an Expert and a non-testifying consulting expert retained by a Party, regardless of the form of the communication, except to the extent that the communications: (i) relate to compensation for the Expert's study or testimony; (ii) identify facts or data that the party's attorney provided and that the Expert considered in forming the opinions to be expressed; or (iii) identify assumptions that the Party's attorney provided and that the Expert relied on in forming the opinions to be expressed. Dated: August 28, 2009 COOLEY GODWARD KRONISH LLP By: /s/Peter J. Willsey Peter J. Willsey

Attorneys for Defendant GOOGLE, INC. Dated: August 28, 2009 SCHUBERT JONCKHEER KOLBE & KRALOWEC LLP ROBERT C. SCHUBERT S.B.N. 62684 WILLEM F. JONCKHEER S.B.N. 178748 KIMBERLY A. KRALOWEC S.B.N. 163158 By: /s/Willem F. Jonckheer Willem F. Jonckheer

Attorneys for Plaintiffs ATTESTATION OF FILER I, Sarah R. Boot, hereby attest that concurrence in the filing of the document has been obtained from each of the other signatories. Dated: August 28, 2009 COOLEY GODWARD KRONISH LLP By: /s/Sarah R. Boot Sarah R. Boot

Attorneys for Defendant GOOGLE INC.

3.

STIPULATED EXPERT WITNESS DISCOVERY ORDER CASE NO. 08-CV-03369 JW RS

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PURSUANT TO THE STIPULATION, IT IS SO ORDERED. Dated: ______________ __, 2009

By:

The Honorable James Ware United States District Court Judge

43641 v2/BN

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4.

STIPULATED EXPERT WITNESS DISCOVERY ORDER CASE NO. 08-CV-03369 JW RS