Anwar et al v. Fairfield Greenwich Limited et al

Filing 1115

STIPULATION CONCERNING EXPERT DISCOVERY: IT IS HEREBY STIPULATED AND AGREED, by and among the parties, through their undersigned counsel, that: 1. Only the following expert materials and information are discoverable (including through deposition) as set forth herein. (Signed by Magistrate Judge Frank Maas on 4/17/2013) Filed In Associated Cases: 1:09-cv-00118-VM-FM et al.(djc)

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

USDCSDNY
DOCU~AENT

ELECTRONICALLY FILED
DOC#:

PASHA ANWAR, et aL

------------------

l.?ATE FI~ED:

PIa inti ffs,

LJ Il :!, 1j0::~.

v.
FAIRFIELD GREENWICH LIMITED, et a/.,

MASTER FILE No. 09-cv-llS (YM)

Defendants.
This Document Relates To: All Actions

ORIGINAL

STIPULATION CONCERNING EXPERT DISCOVERY
IT IS HEREBY STIPULATED AND AGREED, by and among the parties, through their
undersigned counsel, that:
1.

Only the following expert materials and information are discoverable (including through
deposition):
a.

Reports of testifYing experts that the party retaining the expert has designated
as final, including initial and rebuttal reports ("final reports");

b.

Facts or data upon which a testifying expert relied upon in the course of
forming an opinion expressed in his or her final reports;

c.

Documents identified in the final reports of a testifying expert as having been
relied upon by the expert in forming an opinion expressed in his or her final
reports, subject to the provisions below relating to publicly available and
previously produced documents;

d.

Any assumptions provided to the testifying expert that the expert relied upon to
form an opinion expressed in his or her final reports;

e.

Direct

communications

between

testifying

experts

concerning

matters

addressed in the reports; and
f.

The party's engagement letter with the testifying expert and agreement for
compensation of the testifYing expert.

2.

The following expert materials and information are not discoverable (including through
deposition); this is a non-exclusive list for the sake of clarity, and is subject to paragraph
1, above:
a.

Drafts or mark-ups of the final expert reports, including outlines for the reports;
draft affidavits and declarations; non-final calculations, computations, or data;
notes, summaries or compilations created by the expert or persons working with
the expert or under his or her direction; and memoranda concerning expert work
and reports;

b.

Communications between an expert and (i) counsel, (ii) non-testifYing experts,
(iii) consultants, (iv) parties, (v) and persons providing support to the testifYing
and non-testifYing experts or working under their direction or control;

c.

Communications between counsel and (i) consultants, (ii) non-testifYing experts,
(iii) or persons providing support to a testifYing or non-testifYing expert or
working under their direction or control;

d.

Communications or other materials or information exempted from expert
disclosure under Fed. R. Civ. Pro. Rule 26; and

e.

Any other material or information protected by the work product doctrine or
attorney-client privilege.

3.

Copies of any documentary expert materials described in Paragraph 2 may be freely
discarded, and need not be preserved, except to the limited extent that an expert expressly
relies on any such documentary expert material.
2

4.

A party need not re-produce data or other information subject to disclosure pursuant to
Paragraph I that previously has been disclosed or produced in this action, provided that
such party shall identifY such data or other information for the other parties by Bates
number, deposition exhibit number, or deposition transcript.

5.

A party need not disclose or produce data or information subject to disclosure pursuant to
Paragraph I that constitutes a treatise or other readily accessible public source material,
provided that the party identifies the treatise or readily accessible source material in
sufficient detail so that it may be located. Upon request, the treatise or other source of
materials shall be produced.

6.

Nothing in this Stipulation shall be construed to prevent or prohibit any party from asking
an expert questions at deposition or trial concerning any documents or data produced or
testimony given in the litigation, any publicly available documents or information, or the
substance of the expert's opinions, including, without limitation, any alternative theories,
methodologies, variables, or assumptions that the expert mayor may not have considered
in forming his or her opinions or preparing a report.

7.

No subpoena shall be served upon any expert. As a condition of presenting the testimony
of any expert at trial, the parties shall identifY experts; produce any expert reports; make
their experts available for deposition, at a time and place agreed upon by the parties; and
produce the data and other information called for under Paragraph I (other than the
expert report) on or before dates agreed upon by the parties.

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Dated: April 12,2013
By:

M~

David A. Barrett
Howard L. Vickery, II
Boies, Schiller & Flexner LLP
575 Lexington A venue
New York, NY 10022
Telephone: [phone]
Facsimile: [phone]

Stuart H. Singer
Carlos Sires
Sashi Bach Boruchow
Boies, Schiller & Flexner LLP
401 East Las Olas Boulevard, #1200
Ft. Lauderdale, Florida 33301
Telephone: [phone] II
Facsimile: [phone]
Robert C. Finkel
James A. Harrod
Wolf Popper LLP
845 Third Avenue
New York, NY 10022
Telephone: [phone]
Facsimile: [phone]
Christopher Lovell
Victor E. Stewart
Lovell Stewart Halebian Jacobson LLP
61 Broadway, Suite 501
New York, NY 10006
Telephone: [phone]

Co-Lead Counsel for Plaintiffs

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Cogan, Esq.
Michael S. Kim, Esq.
David McGill, Esq.
Brad H. Samuels, Esq.
KOBRE & KIM LLP
th
800 Third A venue, 6 Floor
New York, NY ]0022
Tel: [phone]
Counsellor Deji:mdant
GlobeOp Financial Services LLC

AJ~--

Allan J. Artfa, Esq.

Leslie G. Fagen, Esq.

Andrew G. Gordon, Esq.

Brad Scott Karp, Esq.

Patrick James Somers, Esq.

PAUL, WEISS, RIFKIND, WHARTON &

GARRlSON LLP

1285 Avenue of the Americas

New York, NY 10019-6064

Tel; [phone]

Counsel for Defendants
Citco Fund Services (Europe) B.
CiteD
(Canada) Inc., Citeo Bank Nederland N. V.
Dublin Branch, Citeo Global Cus/ody N. V,
Citeo Fund Services (Bermuda) Limited and The
Citeo Group Limited

v.,

5

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.d

Timothy A. Duffy, P.c.
Amy Crawford, Esq.
KIRKLAND & ELLIS LLP
300 North LaSalle
Chicago, IL 60654
Tel: [phone]
Andrew M. Genser, Esq.
IGRKLAND & ELLIS LLP
601 Lexington A venue
New York, NY 10022
Tel: [phone]
Courlselfor Defendal1l
PricewaterhollseCoopers L. L. P. (PwC Canada)

One Battery Park Plaza
New York, NY 10004
Tel: [phone]
Counselfor Defendant
PricewaterhouseCoopers Accountants
Netherlands N. V. (1'wC Netherlands)

SO ORDERED on this

day of . ____, 2013

The Honorable Frank Maas
United States Magistrate Judge

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Timothy A. Duffy, P.c.
Amy Crawford, Esq.
KIRKLAND & ELLIS LLP
300 North LaSalle
Chicago, IL 60654
Tel: [phone]
Andrew M. Genser, Esq.
KIRKLAND & ELLIS LLP
60 I Lexington Avenue
New York, NY 10022
Tel: [phone]
Counsel for Defendant
PricewaterhouseCoopers LLP. (PwC Canada)

William R. Maguire, Esq.
Sarah L. Cave, Esq.
Gabrielle S. Marshall, Esq.
HUGHES HUBBARD & REED LLP
One Battery Park Plaza
New York, NY 10004
Tel: [phone]

Counsel for Defendant
PricewaterhouseCoopers Accountants
Netherlands N V (PwC Netherland,)

on this ~?Ik..day of

ilz~13
•

arable Frank Maas
Unite States Magistrate Judge

6