I/P Engine, Inc. v. AOL, Inc. et al
Filing
173
ORDER entered re. telephonic hearing held on 6/15/12, to discuss various discovery-related issues. (See Order for Specifics) In the interim of the Court's directives set forth in this Order, the parties are DIRECTED to continue to meet and confer with respect to these discovery disputes, and to advise the Court promptly if a resolution is reached by agreement. Entered and filed 6/18/12. (Signed by Magistrate Judge F. Bradford Stillman on 6/18/12). (ecav, )
i
UNITED
STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGI* IA
JUN
Norfolk Division
I/P ENGINE,
i ■.__'...'
INC.,
i.
1 8 2012
_,
.—.
Plaintiff,
v.
AOL,
Case
INC.,
et
No.
2:llcv512
al.,
Defendants.
ORDER
At
hearing
issues.
the
request
on
June
and
defendants.1
For
15,
Charles
plaintiffs,
of
J.
the
2012,
parties,
to
Monterio,
David
the
discuss
Jr.,
Perlson,
Court
various
Esq.,
Esq.,
held
a
telephonic
discovery-related
argued on behalf
argued
on
behalf
of
the
of
the
ORDERS
the
The official court reporter was Jody Stewart.
the
reasons
stated
on
the
record,
the
Court
following:
1.
capacity
The
as
deposition
defendants,
a
Rule
shall
of
Jonathan
30 (b) (6)
be
limited
Alferness,
designee
to
a
of
total
one
of
conducted over the course of two or more days
determined
counsel
Rule
by
agreement
between
counsel
for
taken
or
ten
designee.
If the
parties
have
his
more
of
the
hours,
to
be
on a schedule to be
the
for the defendants who have identified Mr.
30(b)(6)
in
not
plaintiff
and
Alferness as a
agreed upon the
1 Defendant AOL, Inc. was separately represented by Robert L.
Burns, Esq., but Mr. Burns deferred to Mr.
behalf of all defendants in this instance.
Perlson,
who argued on
scheduled dates for Mr.
22,
2012,
the
Alferness's deposition by 4:00 p.m.
plaintiff
is
DIRECTED
to
advise
the
on June
Court
by
fax
letter sent to the chambers of the undersigned at 757-222-7028,
be
received
setting
no
the
later
than
deposition
entered forthwith.
5:00
for
p.m.
dates
that
same
selected
by
day,
the
and
an
Court
to
order
shall
be
If necessary to complete the examination of Mr.
Alferness,
the parties may extend the duration of his deposition by
agreement,
without
2.
With
further intervention of the Court.
respect
to
Rule
30(b)(6)
defendants taken on or before June 25,
the
defendants
have
not
received
depositions
2012,
the Court
reasonable
notice
of
the
FINDS that
and
time
to
prepare their designees to testify with respect to any new topics
identified in the amended Rule
by
the
plaintiff
on
June
12,
30(b)(6)
2012,
deposition notices
but
the
plaintiff
is
served
GRANTED
leave to reopen such depositions as necessary to address these new
topics
at
a
later
date.
To
the
extent
possible,
however,
defendants are encouraged to prepare their Rule 30(b)(6)
to address
the
these new topics
plaintiff
shall
be
on the
fully
initial
prepared
at
deposition
the
outset
the
designees
dates,
to
and
examine
these witnesses on all topics identified in both its original and
amended
Court
Rule
notes
30 (b) (6)
that
deposition by Rule
hearing,
the
notices.
For
seven-hour
30(d)(l)
has
the
time
not
been
avoidance
limit
of
doubt,
imposed
extended.
As
on
the
each
noted
at
the Court makes no determination now with respect to an
-
2
-
award
of
expenses
depositions;
to Rules
30(d),
With
defendants'
or 37
respect
to
in its Order of May 2,
2012
compel
on
shall
filing
of
be
to
filed
such
the
three
after
this
response
before
156),
June
be
rebuttal
any Rule
25,
2012.
filed
within
brief
shall
Deputies
at
37(b)
to
the
motion to
Any brief
ten
be
days
The movant
757-222-7222
schedule
a
after
shall
within
hearing to take
To be clear,
Federal Rules of Civil Procedure does not apply to
At hearing,
schedule.
the parties
addressed an
issue with
respect
to the total number of depositions to be taken by the plaintiff
this
may
case.
have
in
filed within
after completion of briefing.
expedited briefing
reopened
previously addressed by this Court
filing the motion to
6(d)
any
as appropriate.
plaintiff's
Courtroom
Rule
4.
1,
later date,
filing of the opposition brief.
place within seven days
of the
a
shall
Any
the Magistrate
days
at
with
for an award of expenses pursuant
(ECF No.
or
motion
motion.
three days after
contact
connection
the
Interrogatory No.
opposition
in
the parties may move
26(c),
3.
incurred
As
presented
entered
into
a
at
hearing,
it
appears
that
stipulation
or
agreement
the
in
parties
addressing
the
total number and scope of depositions to be taken by the plaintiff.
The
specific terms,
stipulation
compel,
this
or
motion
dispute
the
agreement
for a
shall be
operative
appear
effect,
to be
protective order,
in
and the
dispute.
3
-
Any motion
to
or other motion related to
filed on or before June 25,
-
validity of the
2012.
Any brief
in opposition to such motion shall be
filing
of
the
motion.
Any
rebuttal
filed within ten days after
brief
shall
three days after filing of the opposition brief.
contact
three
the Magistrate
days
after
filing
place within seven days
Rule
6(d)
of the
this
expedited briefing
5.
meet
and
Deputies
the motion
to
schedule
IS
SO
the parties
respect
to
these
are
hearing
DIRECTED to
discovery
to
take
To be clear,
continue
disputes,
and
to
to
reached by agreement.
ORDERED.
UNITE©
Norfolk,
a
within
Procedure does not apply to
advise the Court promptly if a resolution is
IT
757-222-7222
shall
schedule.
interim,
with
at
filed within
The movant
after completion of briefing.
Federal Rules of Civil
In the
confer
Courtroom
be
Virginia
June l
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?