Pravin et al v. Wipro, Inc.

Filing 33

STIPULATION AND ORDER RE: 32 TO MODIFY CASE MANAGEMENT CONFERENCE SCHEDULING ORDER. Further Case Management Conference set for 2/3/2011 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Jury Trial set for 3/7/2011 09:00 AM in Courtroom 3, 17th Floor, San Francisco. Pretrial Conference set for 3/3/2011 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 9/9/10. (cl, COURT STAFF) (Filed on 9/10/2010)

Pravin Jain et al v. Wipro, Inc.

Doc. 33

*E-Filed 9/10/10* 1 2 3 4 5 6 7 8 9 10 Ropers Majeski Kohn & Bentley 11
A Professional Corporation San Jose

MICHAEL J. IOANNOU (SBN 95208) DANIEL P. McKINNON (SBN 234749) ROPERS, MAJESKI, KOHN & BENTLEY 50 West San Fernando Street, Suite 1400 San Jose, CA 95113-2429 Telephone: [phone] Facsimile: [phone] Email: [e-mail]; [e-mail] Attorneys for Defendant WIPRO, INC., a Delaware Corporation UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

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PRAVIN JAIN, RANDY HOLTHAUS, DILIP KUKREJA, MARK WARNER, and DOUGLAS TANNER, Plaintiffs , v. WIPRO, INC., a Delaware corporation, Defendants.

CASE NO. 5:09-cv-02743-RS STIPULATION TO MODIFY CASE MANAGEMENT SCHEDULING ORDER; [PROPOSED] ORDER

IT IS HEREBY STIPULATED, by and between Plaintiffs PRAVIN JAIN, RANDY HOLTHAUS, DILIP KUKREJA, MARK WARNER, and DOUGLAS TANNER (collectively "Plaintiffs") and Defendant WIPRO, INC. ("Wipro" or "Defendant"), through their respective counsel of record, and pursuant to Civil Local Rule 6-2, that the dates set forth in the modified Case Management Scheduling Order filed May 18, 2010 ("Scheduling Order") (Docket No. 28) be modified as follows: Close of Non-Expert Discovery Plaintiffs' Disclosure of Experts Defendant's Disclosure of Experts
RC1/5682103.1/DPM

January 12, 2011 (currently November 12, 2010) January 19, 2011 (currently November 19, 2010) January 31, 2011 (currently November 30, 2010) -1CASE NO. 5:09-cv-02743-RS

Stipulation to Modify Case Management Scheduling Order; [Proposed] Order

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 Ropers Majeski Kohn & Bentley 11
A Professional Corporation San Jose

Further Case Management Conference Pretrial Motions Heard No Later Than Pretrial Statements Submitted By Pretrial Conference

February 2, 2011 (currently December 9, 2011) February 18, 2011 (currently January 19, 2011) February 18, 2011 (currently February 9, 2011) February 28, 2011 (currently February 23, 2011)

The parties stipulate to modification of the Scheduling Order because this case involves factually intensive discovery based on numerous events that occurred over a two-year period and involving Wipro's many divisions, lines of businesses, and employees. The parties have already identified, processed, and exchanged over 88 gigabytes of electronically stored information ("ESI") and other documents through initial disclosures and written discovery, and are continuing to produce large volumes of ESI and other documents on a rolling basis. The production has been time consuming due to the amount of documents involved, Wipro's documents being located in India, conversion of native files to searchable Bates-stamped images, and rendering corrupt files readable. The parties have also engaged in third-party discovery. Many of the third-party witnesses are located in India, requiring additional time to resolve issues related to third-party production. There are a number of witnesses that are located throughout the United States, India, and potentially other countries. The parties are working together to facilitate discovery, coordinating the schedules of attorneys, clients, and other percipient witnesses for depositions both here and in India. The parties are arranging to travel to India in November, 2010, in order to take several depositions of key witnesses that are necessary for the investigation of both the Plaintiffs' claims and Defendant's defenses. Several of the witnesses are non-parties, and service of process on non-party witnesses located abroad through the Hague Convention, letters rogatory, or other methods for procuring documents and testimony abroad, add to the amount of time required to complete discovery. In order to accommodate traveling to India in November, the parties have agreed to extend the close of non-expert and expert discovery. The parties have previously entered into stipulations related to Plaintiffs' filing of an amended complaint and extending the time to respond to the complaint. (Docket Nos. 4, 5, 7, 8,
RC1/5682103.1/DPM

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CASE NO. 5:09-cv-02743-RS

Stipulation to Modify Case Management Scheduling Order; [Proposed] Order

1 2 3 4 5 6 7 8 9 10 Ropers Majeski Kohn & Bentley 11
A Professional Corporation San Jose

and 10.) The parties also stipulated to modify the original scheduling order to extend the discovery cut-off. (Docket No. 28.) However, the parties need additional time to complete discovery. The proposed modification of the Scheduling Order does not change the date currently set for Trial. Its effect is to provide the parties with a reasonable time to complete discovery prior to the date currently set for trial. IT IS SO STIPULATED: Dated: September 8, 2010 ROPERS, MAJESKI, KOHN & BENTLEY By: /s/ Michael J. Ioannou MICHAEL J. IOANNOU Attorneys for Defendant WIPRO, INC. Dated: September 8, 2010 SUSMAN GODFREY LLP By: /s/ Stephen E. Morrissey STEPHEN E. MORRISSEY Attorneys for Plaintiffs PRAVIN JAIN, RANDY HOLTHAUS, DILIP KUKREJA, MARK WARNER, and DOUGLAS TANNER

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 signatory has concurred in this filing. Dated: September 3, 2010

I, Michael J. Ioannou, am the ECF user whose identification and password are being used to file this stipulation. In compliance with General Order 45.X.B, I hereby attest that the other

ROPERS, MAJESKI, KOHN & BENTLEY By: /s/ Michael J. Ioannou MICHAEL J. IOANNOU Attorneys for Defendant WIPRO, INC.

[PROPOSED] ORDER Pursuant to the above stipulation, IT IS HEREBY ORDERED that the dates set forth in the Case Management Scheduling Order filed on October 21, 2009 (Docket No. 22) and modified on May 18, 2010 (Docket No. 28)
RC1/5682103.1/DPM

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CASE NO. 5:09-cv-02743-RS

Stipulation to Modify Case Management Scheduling Order; [Proposed] Order

1 2 3 4 5 6 7 8 9 10 Ropers Majeski Kohn & Bentley 11
A Professional Corporation San Jose

are modified as follows:

Close of Non-Expert Discovery Plaintiffs' Disclosure of Experts Defendant's Disclosure of Experts Further Case Management Conference Pretrial Motions Heard No Later Than Pretrial Statements Submitted By

January 12, 2011 January 19, 2011 January 31, 2011 February 2, 2011 February 18, 2011 February 18, 2011 February 3, 2011 at 10:00 a.m.

Pretrial Conference February 28, 2011 March 3, 2011 at 10:00 a.m. Trial: March 7, 2011 at 9:00 a.m. in San Francisco, Courtroom #3, 17th Floor. 9/9/10 Dated: ______________________

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RC1/5682103.1/DPM

____________________________________ RICHARD SEEBORG United States District Judge

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CASE NO. 5:09-cv-02743-RS

Stipulation to Modify Case Management Scheduling Order; [Proposed] Order