UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
September 28, 2010
IN RE APPLICATION OF: THE REPUBLIC OF ECUADOR, APPLICANT,
The opinion of the court was delivered by: Edward M. Chen United States Magistrate Judge
STIPULATION TO ACCEPT SERVICE OF PROCESS AND FOR BRIEFING SCHEDULE FOR MOTION TO QUASH ORDER
Date: November 3, 2010 21
For the Issuance of a Subpoena for the Taking of a Deposition and the Production of Documents In a Foreign Proceeding Pursuant to 28 U.S.C. § 1782.
The Republic of Ecuador, by and through its counsel, Winston & Strawn LLP, and Diego Fernando Borja Sánchez, also known as Diego Borja ("Borja"), by and through his counsel, Arguedas, Cassman & Headley, LLP, hereby stipulate to the following:
1. Arguedas, Cassman & Headley, LLP, on behalf of Borja, hereby accepts service and acknowledges receipt of the Subpoena to Testify at a Deposition or to Produce Documents in a Civil Action issued in the above referenced case pursuant to the Court's ORDER GRANTING REPUBLIC OF ECUADOR'S EX PARTE APPLICATION FOR THE ISSUANCE OF A SUBPOENA dated September 15, 2010 (the "Subpoena").
2. Borja shall file and serve his motion to quash the Subpoena ("Motion to Quash") no later than October 6, 2010.
3. The briefing schedule and hearing date for the Motion to Quash shall be as follows:
October 6, 2010 Borja's Motion to Quash
October 20, 2010 Republic of Ecuador's Opposition
October 27, 2010 Borja's Reply
November 10, 2010 Hearing at 3:00 p.m. or at such other date or time set by the Court.
4. The current date set for the deposition and production of documents pursuant to the Subpoena, October 1, 2010 at 9:30 a.m., shall be changed to a date at the same time and location that is not more than 28 days (unless otherwise agreed to by the mutual consent of the parties) following the entry of an order denying the Motion to Quash, with documents allowed by such order to be produced to Winston & Strawn LLP not later than 14 days after entry of such order.
5. Should Borja fail to file the Motion to Quash as stipulated, then the documents responsive to the Subpoena shall be produced to Winston & Strawn no later than October 13, 2010 and the deposition shall commence on October 27, 2010 at 9:30 a.m. at the San Francisco offices of Winston & Strawn LLP.
Dated: September 24, 2010
WINSTON & STRAWN LLP Eric W. Bloom C. MacNeil Mitchell Richard A. Lapping Attorneys for Applicant The Republic of Ecuador
ARGUEDAS, CASSMAN & HEADLEY, LLP Cristina Arguedas Michael W. Anderson Attorneys for Diego Fernando Borja Sánchez
IT IS SO ORDERED.
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