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United States v. Zurich Insurance Co.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO DIVISION)


October 26, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ZURICH INSURANCE COMPANY, ZURICH AMERICAN INSURANCE COMPANY AND STEADFAST INSURANCE COMPANY, DEFENDANTS.
STEADFAST INSURANCE COMPANY, COUNTER-CLAIMANT,
v.
THE PRESIDIO TRUST, A WHOLLY-OWNED CORPORATION OF THE UNITED STATES OF AMERICA, COUNTER-DEFENDANT.

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 his deposition, for

3. The total length of Professor Byrne's deposition will not exceed four hours;

4. The deposition will take place on a date mutually convenient for the witness and

5. The deposition will take place at Professor Byrne's office or a conference room at

6. Also as a part of the Motion, Defendants requested a second deposition of Plaintiff's request to be more specific about the second deposition requested as a part of Motion, Defendants requested the deposition of Carol Prince. Plaintiff has neither agreed nor disagreed to allow this second deposition to go forward. Instead, also at Plaintiff's request, the parties have agreed to revisit this matter after the deposition of Professor Byrne. Therefore, the deadline of October 15, 2010 for Defendants to renew their motion, previously mentioned in Dkt 140, no longer applies. Defendants shall have until: (a) five (5) days after the deposition of Prof. Byrne or (b) November 12, 2010, whichever is later, in which to file their renewed motion, if necessary.

Defendants are not limited to requesting Carol Prince be the second deponent. After the 9 deposition of Professor Byrne, the parties shall revisit who, if anyone, should sit for the second 10 deposition sought in the Motion.

IT IS SO STIPULATED.

DAVID A. GABIANELLI Attorneys for Defendant ZURICH AMERICAN INSURANCE COMPANY and Defendant and Counter-Claimant

STEADFAST INSURANCE COMPANY PURSUANT TO STIPULATION, IT IS SO ORDERED.

20101026

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