Lazebnik v. Apple Inc.

Filing 42

ORDER GRANTING 41 STIPULATION WITH PROPOSED ORDER Extending Fact Discovery Deadline filed by Apple Inc., ***9/8/2014 Discovery Deadlines terminated. Fact Discovery due by 9/29/2014. Signed by Judge Edward J. Davila on 8/25/2014. (ecg, COURT STAFF) (Filed on 8/25/2014)

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MATTHEW D. POWERS (S.B. #212682)
[e-mail]
VICTORIA L. WEATHERFORD (S.B. #267499)
[e-mail]
O’MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, California 94111-3823
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
APPLE INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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NOAM LAZEBNIK, M.D., on behalf of
himself and all other similarly situated,

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Plaintiff,
v.
APPLE, INC.,

Case No. 5:13-CV-04145-EJD
JUDGE EDWARD J. DAVILA
XXXXXXX
STIPULATION AND [PROPOSED]
ORDER EXTENDING FACT
DISCOVERY DEADLINE
Complaint filed: September 6, 2013

Defendant.

Trial date:

None set

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STIPULATION AND [PROPOSED] ORDER
EXTENDING FACT DISCOVERY
DEADLINE
CASE NO. 5:13-CV-04145-EJD

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Pursuant to Civil Local Rules 6-1, 6-2, and 7-12, Plaintiff Noam Lazebnik, M.D.

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(“Plaintiff”), and Defendant Apple Inc. (“Defendant” or “Apple”) hereby submit this Stipulation

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Extending the Fact Discovery Deadline listed in this Court’s Stipulation and Order Extending

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Deadlines in Case Management Order [Dkt. 36] by twenty one (21) days, to September 29, 2014,

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for the limited purposes of allowing Plaintiff to take: (1) the deposition of Apple employee Josh

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Lippman, which is currently scheduled for September 16, 2014; (2) any further depositions that

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become reasonably necessarily in light of the testimony of Mr. Lippman (if any); and (3) the

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depositions of Apple employees Larry Phillips and Mark Buckley (if necessary).

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As set forth in this Stipulation and the accompanying Declaration of Victoria L.

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Weatherford (“Weatherford Decl.”), the reason for this stipulated request is that Plaintiff has been

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unable to depose Mr. Lippman before the fact discovery deadline due to Mr. Lippman’s

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scheduling constraints. The parties have previously stipulated to extend Apple’s time to respond

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to Plaintiff’s Complaint on two occasions, the case management deadlines on two occasions,

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including the fact discovery deadline specifically on one of these occasions, and the briefing

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schedule for Apple’s Motion for Judgment on the Pleadings. Accordingly,

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WHEREAS, Plaintiff served its first set of discovery on Apple on January 8, 2014, Apple

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served its objections and responses to Plaintiff’s first set of discovery on February 10, 2014, the

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parties exchanged initial disclosures on January 24, 2014, Apple served its first set of discovery

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on Plaintiff on July 3, 2014 and its amended responses to Plaintiff’s first set of discovery requests

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on July 25, 2014, and Plaintiff served its objections and responses to Apple’s first set of discovery

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on August 6, 2014;

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WHEREAS, Plaintiff served its first production of documents on Apple on August 6,

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2014, and Apple served its first production of documents on Plaintiff on August 8, 2014, and its

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second document production on August 15, 2014;

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WHEREAS, Apple deposed named plaintiff Dr. Noam Lazebnik on August 11, 2014, and
third party witness Jeremy Tor on August 13, 2014;

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STIPULATION AND [PROPOSED] ORDER
EXTENDING FACT DISCOVERY
DEADLINE
CASE NO. 5:13-CV-04145-EJD

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WHEREAS, Plaintiff will be unable to take the deposition of Josh Lippman before the
September 8, 2014 fact discovery deadline because of the witness’s schedule;

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WHEREAS, although the Parties anticipate that the deposition of Mr. Lippman will be the

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only other deposition necessary in this matter, since Mr. Lippman has not yet been deposed

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Plaintiff reserves his right to seek depositions of: (1) Mr. Phillips, (2) Mr. Buckley, and/or (3)

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others whose testimony becomes reasonably necessarily in light of the testimony of Mr. Lippman

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(if any).

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The parties hereby STIPULATE and agree, subject to Court approval, to extend the

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September 8, 2014 fact discovery deadline by twenty-one (21) days, to September 29, 2014, for

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the limited purpose of allowing Plaintiff to take the deposition of Josh Lippman (and the other

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depositions noted above, if necessary). The extension will not extend the fact discovery period

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for any other purpose and all other deadlines in the Stipulation and Order Extending Deadlines in

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the Case Management Order [Dkt. No. 37] will remain unchanged.

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Respectfully submitted,

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Dated: August 22, 2014

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/s/ Victoria L. Weatherford
MATTHEW D. POWERS (CA Bar No. 212682)
VICTORIA L. WEATHERFORD (CA Bar No.
267499)
O’MELVENY & MYERS, LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111
[phone]
[phone] (FAX)
[e-mail]
[e-mail]

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Counsel for Defendant Apple Inc.

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STIPULATION AND [PROPOSED] ORDER
EXTENDING FACT DISCOVERY
DEADLINE
CASE NO. 5:13-CV-04145-EJD

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Dated: August 22, 2014

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/s/ Matthew R. Wilson
MATTHEW R. WILSON (CA Bar No. 290473)
MICHAEL J. BOYLE, JR. (CA Bar No. 258560)
MEYER WILSON CO., LPA
1320 Dublin Road, Suite 100
Columbus, OH 43215
[phone]
[phone] (FAX)
[e-mail]
[e-mail]

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NICHOLAS DICELLO (OH Bar No. 0075745)
(admitted Pro Hac Vice)
DANIEL FRECH (OH Bar No. 0082737)
(admitted Pro Hac Vice)
SPANGENBERG SHIBLEY & LIBER LLP
1001 Lakeside Avenue East, Suite 1700
Cleveland, OH 44114
[phone]
[phone] (FAX)
[e-mail]
[e-mail]

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Counsel for Plaintiff and the Proposed Class

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: August __, 2014

____________________________________
Hon. Edward J. Davila
United States District Judge

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STIPULATION AND [PROPOSED] ORDER
EXTENDING FACT DISCOVERY
DEADLINE
CASE NO. 5:13-CV-04145-EJD