Quality Investment Properties Santa Clara, LLC v. Serrano Electric, Inc. et al

Filing 134

STIPULATION AND ORDER re 133 PERMITTING THE CONTINUED DEPOSITION OF PLAINTIFF'S RETAINED EXPERT ON JULY 29, 2011. Signed by Judge Koh on 7/22/2011. (lhklc1, COURT STAFF) (Filed on 7/22/2011)

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LeClairRyan LLP
Charles H. Horn (State Bar No. 063362)
[e-mail]
Jill K. Rizzo (State Bar No. 236471)
[e-mail]
44 Montgomery Street, 18th Floor
San Francisco, California 94104-4705
Telephone: [phone]
Telefax:
[phone]
Donald E. Morris (Virginia State Bar No. 72410)
[e-mail]
Pro Hac Vice
951 East Byrd Street, 8th Floor
Richmond, VA 23219
Telephone:[phone]/Facsimile:[phone]
Attorneys for Defendant
SERRANO ELECTRIC, INC.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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QUALITY INVESTMENT PROPERTIES
SANTA CLARA, LLC, a Delaware limited
liability company,

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Plaintiff,
v.

Case No.: CV-09-5376-LHK
STIPULATION AND [PROPOSED]
ORDER TO CONDUCT THE
CONTINUED DEPOSITION OF
PLAINTIFF’ RETAINED EXPERT
S
ON JULY 29, 2011

SERRANO ELECTRIC, INC., a California
corporation; and PETERSON POWER
SYSTEMS, INC., a California Corporation,

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Defendants.

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SERRANO ELECTRIC, INC.,

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Cross-claimant,

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v.

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PETERSON POWER SYSTEMS, INC.,

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Cross-defendant,
_________________________________________
AND RELATED CROSS-ACTIONS.

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STIPULATION AND [PROPOSED] ORDER TO CONDUCT THE CONTINUED DEPOSITION OF
PLAINTIFF’ RETAINED EXPERT ON JULY 29, 2011
S
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CV-09-5376-LHK

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The parties submit this Stipulation and [Proposed] Order:

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1.

Defendants Serrano Electric, Inc. and Peterson Power Systems, Inc. deposed

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plaintiff Quality Investment Properties Santa Clara, LLC’retained expert witness, Jeffery
s

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Kinrich, on June 29 in Los Angeles. Mr. Kinrich will be testifying on the issue of damages.

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2.

At the deposition on June 29 at approximately 5:15 p.m., the court reporter had

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informed the parties that she had an autistic child at home by himself and that she could not find

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anyone to watch him. She had not anticipated that the deposition would continue past 5:00 p.m.

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but informed counsel that she could stay until 6:15 p.m. The parties continued with Mr.

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Kinrich’deposition until 6:15 p.m. Defendants had not completed Mr. Kinrich’deposition at
s
s

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that time and have an approximately 90 minutes left on the record (based on the 7-hour time

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limit.) The parties agreed on the record to complete Mr. Kinrich’deposition during the week of
s

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July 25. Mr. Kinrich’deposition could not be completed sooner than the week of July 25
s

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because of the parties’
conflicting schedules and because Mr. Kinrich was out of the country for

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two weeks in early July.

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3.

The expert discovery cut-off date in this matter was July 12, 2011. However, all

counsel stipulate to conducting the deposition of Mr. Kinrich on July 29 in Los Angeles.
4.

Therefore, this stipulation and [proposed] order solely seeks the Court’
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permission to conduct Mr. Kinrich’deposition on July 29 so as to complete the witness’
s
s

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deposition, not to continue the discovery cut-off deadline so that the parties can continue to

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conduct any other expert discovery.

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Respectfully submitted,
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DATED: July 21, 2011

LeClairRyan LLP

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By:

_______/s/___________________
Jill K. Rizzo
Charles H. Horn
Jill K. Rizzo
Attorneys for Defendant/Crossdefendant/Cross-claimant
SERRANO ELECTRIC, INC.

STIPULATION AND [PROPOSED] ORDER TO CONDUCT THE CONTINUED DEPOSITION OF
PLAINTIFF’ RETAINED EXPERT ON JULY 29, 2011
S
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CV-09-5376-LHK

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DATED: July 21, 2011

Lewis Brisbois Bisgaard & Smith LLP

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By:
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DATED: July 21, 2011

Katherine A. Higgins__/s/_____________
Katherine A. Higgins
Attorneys for Defendant/Crossdefendant/Cross-claimant
PETERSON POWER SYSTEMS, INC.

Sedgwick LLP

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By:

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[PROPOSED] ORDER

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Joel M. Long________/s/________
Joel M. Long
Attorneys for Plaintiff
QUALITY INVESTMENT PROPERTIES
SANTA CLARA, LLC

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Pursuant to the parties’
stipulation, the Court orders that the parties may conduct the
July
deposition of Jeffery Kinrich on June 29, 2011. The Court further orders

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advises the parties to consult the jury pretrial standing order, at http://cand.uscourts.gov/lhkorders,
______________________________________________________________________________

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in order to prepare for the August 24, 2011 pretrial conference.
_____________________________________________________________________________.

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July 22
Dated: ______________, 2011

___________________________________
Lucy H. Koh
United States District Judge

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STIPULATION AND [PROPOSED] ORDER TO CONDUCT THE CONTINUED DEPOSITION OF
PLAINTIFF’ RETAINED EXPERT ON JULY 29, 2011
S
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CV-09-5376-LHK