Cervantes et al v. Liu Cheng Inc. et al

Filing 64

STIPULATION AND ORDER 59 re Plaintiff's Motions to Compel Responses to Interrogatories and Production of Documents, and Motion for Sanctions. Signed by Judge Patricia V. Trumbull on 10/2/09. (pvtlc1) (Filed on 10/2/2009)

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Kassra P. Nassiri (SBN 215405) [e-mail] D. Austin Hare (SBN 261694) [e-mail] NASSIRI & JUNG LLP 251 Kearny Street, Suite 501 San Francisco, California 94108 Telephone Number: [phone] Facsimile Number [phone] Attorneys for Defendants LIU CHENG, INC., dba MANDARIN GOURMET, SCOTT LIN, CHENG LI CHIN, LIN JEAN, and LIU HAI PING UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

FRANCISCO CERVANTES, JOSE LOPEZ, RAMON RAMOS and JORGE LOPEZ, Plaintiffs, vs. LIU CHENG, INC., dba MANDARIN GOURMET, SCOTT LIN, CHENG LI CHIN, LIN JEAN and LIU HAI PING, Defendants.

Case No. C08-03817 JW PVT STIPULATION AND ORDER RE PLAINTIFFS' MOTIONS TO COMPEL RESPONSES TO INTERROGATORIES AND PRODUCTION OF DOCUMENTS, AND MOTION FOR SANCTIONS Judge: Honorable Patricia V. Trumbull Action Filed: August 11, 2008 Trial Date: March 10, 2009

WHEREAS on March 20, 2009, Plaintiffs Francisco Cervantes, José López, Ramón Ramos, and Jorge López (collectively, "Plaintiffs") served upon Defendants Liu Cheng, Inc., dba Mandarin Gourmet, Scott Lin, Cheng Li Chin, Lin Jean, and Liu Hai Ping (collectively, "Defendants") their First Set of Interrogatories and First Set of Requests for Production of Documents;
STIP. RE PLS.' MOTS. COMPEL INTERROGS. & DOC. REQS., & MOT. SANCTIONS CASE NO.: C-08-03817 JW (PVT)

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WHEREAS on April 17, 2009, Defendants served upon Plaintiffs their Responses and Objections to Plaintiffs' Interrogatories and Requests for Production of Documents; WHEREAS on August 9, 2009, Plaintiffs filed a Motion to Compel Further Responses to Interrogatories, a Motion to Compel Production of Documents, and a Motion for Sanctions;

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 WHEREAS in its September 3, 2009 Interim Order, the Court further ordered that, "no 20 21 22 23 24 25 26 27 this action may be withheld from discovery solely on grounds of privacy and/or confidentiality," 28
STIP. RE PLS.' MOTS. COMPEL INTERROGS. & DOC. REQS., & MOT. SANCTIONS CASE NO.: C-08-03817 JW (PVT)

WHEREAS on August 25, 2009, Defendants filed an Opposition to Plaintiffs' Motions to Compel Responses to Interrogatories and Production of Documents, and accompanying Motion for Sanctions; WHEREAS on September 3, 2009, this Court issued an Interim Order re Plaintiffs' Motions to Compel Production of Documents, Answers to Interrogatories and for Sanctions in which the Court ordered that the hearing on Plaintiffs' Motions to Compel Responses to Interrogatories and Production of Documents would be continued to October 6, 2009, and that the hearing on Plaintiffs' accompanying Motion for Sanctions would be continued to November 3, 2009, (see Interim Order, Sep. 3, 2009 at 1); WHEREAS in its September 3, 2009 Interim Order, the Court further ordered that the parties "meet and confer in person regarding the discovery requests at issue in the motions to compel production of documents and to compel answers to interrogatories," (id. at 1);

later than September 22, 2009, Defendants shall file a supplemental opposition brief that addresses each and every document request and interrogatory that remains in dispute after the parties' meet and confer," (id. at 1-2); WHEREAS in its September 3, 2009 Interim Order, the Court further ordered that, no later than September 29, 2009, the parties shall submit a "protective order to govern the handling of confidential information," and that "[i]n light of this protection, no information relevant to

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(id. at 2); WHEREAS on September 17, 2009, the parties met and conferred in person regarding all discovery requests at issue in Plaintiffs' Motions to Compel Responses to Interrogatories and Production of Documents;

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 WHEREAS the parties have further agreed that on October 21, 2009, they shall meet and 20 21 22 23 24 25 26 27 3) The hearing on Plaintiffs' Motions to Compel Responses to Interrogatories and 28
STIP. RE PLS.' MOTS. COMPEL INTERROGS. & DOC. REQS., & MOT. SANCTIONS CASE NO.: C-08-03817 JW (PVT)

WHEREAS on September 21, 2009, the parties met and conferred again regarding the discovery requests at issue in Plaintiffs' Motions to Compel Responses to Interrogatories and Production of Documents; WHEREAS the parties presently appear to have resolved the dispute by agreeing to a timetable for exchange of further discovery to take place by October 16, 2009, to include amendment of various discovery requests and responses; WHEREAS the agreed exchange pertains to a significant amount of new evidence heretofore not identified, reviewed, or exchanged; WHEREAS in light of this agreed exchange, Defendants have agreed to presently withhold from filing any further opposition to the pending Motions and Plaintiffs have agreed, in principle, upon satisfaction of their pending discovery requests, that they shall withdraw the pending Motions; and

confer once again regarding all outstanding discovery requests and responses at issue. THE PARTIES NOW THEREFORE STIPULATE AND AGREE AS FOLLOWS: 1) The deadline for Defendants to file a supplemental opposition brief that addresses each and every document request and interrogatory that remains in dispute after the parties' October 21, 2009 meet-and-confer shall be extended to and including October 27, 2009; 2) The deadline for Plaintiffs' reply shall be extended to and including November 3, 2009;

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Production of Documents and accompanying Motion for Sanctions shall be continued to November 10, 2009; and 4) Nothing in this Stipulation shall be construed so as to limit or prejudice any party's rights to make or oppose any motion or application in the future.

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STIP. RE PLS.' MOTS. COMPEL INTERROGS. & DOC. REQS., & MOT. SANCTIONS CASE NO.: C-08-03817 JW (PVT)
IT IS SO ORDERED.

Respectfully submitted, DATED: September 22, 2009 Adam Wang LAW OFFICES OF ADAM WANG /s/ Adam Wang Attorneys for Plaintiffs FRANCISCO CERVANTES JOSE LOPEZ RAMON RAMOS JORGE LOPEZ DATED: September 22, 2009 D. Austin Hare NASSIRI & JUNG LLP /s/ D. Austin Hare Attorneys for Defendants LIU CHENG, INC., dba MANDARIN GOURMET SCOTT LIN CHENG LI CHIN LIN JEAN LIU HAI PING

Dated: 10/2/09

______________________________ PATRICIA V. TRUMBULL UNITED STATES MAGISTRATE JUDGE

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