The opinion of the court was delivered by: Elizabeth D. Laporte United States Magistrate Judge
JOINT STIPULATION AND [PROPOSED] ORDER REGARDING LIMITED REOPENING OF DISCOVERY
Trial Date: February 28, 2011
One Maritime Plaza, Suite 300 San Francisco, California 94111- SQUIRE, SANDERS & DEMPSEY L.L.P. by Plaintiff United States of America and Counter Defendant The Presidio Trust (collectively referred to herein as "Plaintiff"), and Defendant Zurich American Insurance Company and
WHEREAS, on October 4, 2010, Defendants filed a motion to compel certain depositions ("Motion") arising from the recent production of a document [Dkt. 133]; meet and confer discussion [Dkt. 141]; permit the subpoena of documents from U.C. Berkeley, per the three subpoenas issued by defendants' counsel on September 24, 2010, requesting depositions and production of documents on October 15, 2010 [Dkts. 140, 142]; and to Defendants' request to depose Prof. Byrne on the conditions concerning location, timing and duration described herein;
This stipulation for the limited reopening of discovery is being jointly made and submitted Defendant/Counter-Claimant Steadfast Insurance Company (collectively, "Defendants").
WHEREAS, at Plaintiff's request, Defendants withdrew the motion to allow for further
WHEREAS, the parties agreed and stipulated to permit the re-opening of discovery to
WHEREAS, Plaintiff informed Defendants on October 13, 2010 that Plaintiff would agree
It is AGREED AND STIPULATED by the parties, that the deposition of Professor Roger
Byrne shall go forward as follows:
1. Defendants will be permitted to take the deposition of University of California ("UC"), Berkeley Professor Roger Byrne, for up to two hours maximum time; up to a maximum of two hours; all counsel of record no later than November 5, 2010, subject to the availability of the witness; the UC, Berkeley campus to the extent such accommodations can be made with UC; someone with knowledge about the origin of the document at issue in the Motion. At the
One Maritime Plaza, Suite 300
2. Plaintiff will be permitted to ask questions of Professor Byrne at ...