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<g , 2012

-

4

-

S

S

MAGISTRATE

JUDGE