Fiori et al v. Dell, Inc, et al

Filing 126

STIPULATION AND ORDER re 124 Shortening Time and Accelerating Briefing Schedule for Plaintiffs Motion for Protective Order Forbidding Deposition of Third Party Ivan Ariza. Signed by Judge Patricia V. Trumbull on 3/12/10. (pvtlc1) (Filed on 3/15/2010)

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BRIAN R. STRANGE (SBN 103252) [e-mail] GRETCHEN CARPENTER (SBN 180525) [e-mail] STRANGE & CARPENTER 12100 Wilshire Blvd., Suite 1900 Los Angeles, CA 90025 Telephone: [phone] Fax: [phone] RANDALL S. ROTHSCHILD (SBN 101301) [e-mail] RANDALL S. ROTHSCHILD, A P.C. 12100 Wilshire Blvd., Suite 800 Los Angeles, CA 90025 Telephone: [phone] Fax: [phone] Attorneys for Plaintiffs Vivian Fiori Ariza and Roggie Trujillo UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION VIVIAN FIORI ARIZA and ROGGIE TRUJILLO, on behalf of themselves and all others similarly situated, Plaintiffs, vs. DELL INC., a corporation; BANCTEC, INC., a corporation; WORLDWIDE TECHSERVICES, LLC, an entity; DELL CATALOG SALES, L.P., an entity; DELL PRODUCTS, L.P., an entity; DELL MARKETING L.P., an entity; DELL MARKETING L.P., LLC, an entity; DELL MARKETING G.P., LLC, an entity; DELL USA, L.P., an entity; and DOES 1 Through 10, Defendants. Case No. C09 01518 JW STIPULATED REQUEST AND ORDER SHORTENING TIME AND ACCELERATING BRIEFING SCHEDULE FOR PLAINTIFFS' MOTION FOR PROTECTIVE ORDER FORBIDDING DEPOSITION OF THIRD PARTY IVAN ARIZA CLASS ACTION Current Date: April 20, 2010 Current Time: 10:00 a.m. Proposed Date: March 23, 2010 Proposed Time: 10:00 a.m. Ctrm.: 5 Assigned to Magistrate Judge Patricia V. Trumball for Discovery Purposes Action filed on April 7, 2009

Pursuant to Civ. L.R. 6-2, the parties, by their undersigned counsel, hereby stipulate, i Case No. C09 01518 JW ­ Stipulated Request and [Proposed] Order Accelerating Briefing Schedule for Plaintiffs' Motion for Protective Order

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subject to court approval, that the briefing and hearing schedule with respect to Plaintiffs' Motion for Protective Order Forbidding Deposition of Third Party Ivan Ariza ("Motion for Protective Order") be accelerated, and in support of this stipulation state as follows: On March 4, 2010, the Dell Defendants issued a subpoena to third party Ivan Ariza, noticing his deposition for March 19, 2010 in northern Virginia. Plaintiffs have filed the Motion for Protective Order concurrently herewith on the grounds that Mr. Ariza is a former employee of Plaintiffs' counsel, and as such, there are no nonprivileged, relevant areas of inquiry for his deposition. If Plaintiffs are entitled to a protective order forbidding the deposition of Mr. Ariza, the Motion must be heard and granted prior to the deposition in order to excuse Mr. Ariza's appearance. In order to allow the parties an adequate opportunity to brief whether Mr. Ariza's deposition should go forward, the Dell Defendants have agreed to continue Mr. Ariza's deposition date to March 26, 2010. The parties therefore agree, subject to the Court's approval, that the Motion for Protective Order will be heard on March 23, 2010, and the briefing schedule for the Motion for Protective Order will be accelerated as follows: March 10, 2010: March 16, 2010: Filing Date for Plaintiffs' Motion for Protective Order Filing Date for Dell Defendants' Opposition to Motion for Protective Order March 19, 2010: Filing Date for Plaintiffs' Reply in Support of Motion for Protective Order DATED: March 10, 2010 Respectfully Submitted, STRANGE & CARPENTER By: _____/s/_____________________ Gretchen Carpenter Attorneys for Plaintiffs

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Respectfully Submitted, REEVES & BRIGHTWELL, LLP By: _____/s/_____________________ Matt Frederick Attorneys for Dell Defendants

1 Case No. C09 01518 JW ­ Stipulated Request and [Proposed] Order Accelerating Briefing Schedule for Plaintiffs' Motion for Protective Order

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PURSUANT TO STIPULATION THE ABOVE-REFERENCED ACCELERATED BRIEFING SCHEDULE IS SO ORDERED:

DATED: March 12 , 2010 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No. C09 01518 JW ­ Stipulated Request and [Proposed] Order Accelerating Briefing Schedule for Plaintiffs' Motion for Protective Order Hon. Patricia V. Trumball United States Magistrate Judge