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Edgar W. Tuttle; Eric Braun v. Sky Bell Asset Management

September 16, 2011

EDGAR W. TUTTLE; ERIC BRAUN;
THE BRAUN FAMILY TRUST; AND WENDY MEG SIEGEL, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED,
PLAINTIFFS,
v.
SKY BELL ASSET MANAGEMENT, LLC; ET AL.
DEFENDANTS.



The opinion of the court was delivered by: Judge: Hon. William H. Alsup

[PROPOSED] ORDER REGARDING DISCOVERY DISPUTE HEARING

Date Comp. Filed: July 14, 2010 Trial Date: March 12, 2012

On September 13, 2011, the Court held a hearing regarding discovery disputes raised by 25 certain defendants. The following parties appeared through counsel to meet and confer and be 26 heard regarding these discovery disputes: McGladrey & Pullen, LLP, Rothstein Kass & Co., PC, 27 Ernst & Young, LLC (collectively, the "Auditor Defendants'), and plaintiffs.

The parties resolved disputed issues during the meet-and-confer, and presented the following proposal to the Court for the Court's consideration. For the reasons stated on the 2 record, the Court hereby grants the parties' requested relief as follows.

Certification of a Plaintiff Class and Subclasses, Appointment of Class Representatives, and 5 2011; 7

Wendy Siegel, and Edgar Tuttle for depositions no later than September 26, 2011. Plaintiffs and

1. Plaintiffs' Reply to Defendants' Opposition to the Plaintiffs' Motion for Appointment of Class Counsel ("Motion for Class Certification") remains due on September 15, 6

2. Plaintiffs will produce named plaintiffs Eric Braun, the Braun Family Trust,

Auditor Defendants will endeavor to schedule all three depositions on a single day at a mutually 10 agreeable date and time, in San Francisco. Time spent taking these depositions will not count 11 against any of the Auditor Defendants' total time for depositions under the Federal Rules of Civil 12

3. The depositions described in paragraph 2 will cover the issues set forth in the Auditor Defendants' letter brief of August 29, 2011 [Dkt. # 212]; 15

Auditor Defendants deem it necessary, they may file a supplemental brief in support of their 17 6:00 p.m. on September 28, 2011; 19

20 paragraph 4, Plaintiffs may file a response to any such brief if they deem it necessary, limited to 21 the issues addressed in the Auditor Defendants' Supplemental brief, as described in paragraph 4. 22 29, 2011; 24

October 13, 2011 at a time convenient for the Court; 26 27 named plaintiff (other than with attorneys) that relate to the subject matter of the instant 28 litigation, which were created prior to September 2009, when Plaintiffs' law firm was first Procedure or other applicable rules or agreements;

4. After the depositions described in paragraph 2 have occurred, should any of the Opposition to Plaintiffs' Motion for Class Certification of no ...


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