Elawyers Elawyers
Washington| Change

GMYL, L.P. v. Coppola, 13-cv-04739-RS. (2014)

Court: District Court, N.D. California Number: infdco20140522826 Visitors: 21
Filed: May 21, 2014
Latest Update: May 21, 2014
Summary: ORDER STIPULATION REGARDING DEFENDANTS' DEPOSITION TRANSCRIPT REVIEW AND BRIEFING SCHEDULE FOR DEFENDANTS' MOTION TO DISMISS RICHARD SEEBORG, District Judge. IT IS HEREBY STIPULATED by and between Plaintiff GMYL, L.P. ("Plaintiff") and Defendants Ernesto Coppola and Coppola Foods Limited (collectively, "Defendants"), by and through their counsel of record, as follows: WHEREAS, on October 11, 2013, Plaintiff filed its Complaint against Defendants; WHEREAS, on February 5, 2014, Defendants fi
More

ORDER STIPULATION REGARDING DEFENDANTS' DEPOSITION TRANSCRIPT REVIEW AND BRIEFING SCHEDULE FOR DEFENDANTS' MOTION TO DISMISS

RICHARD SEEBORG, District Judge.

IT IS HEREBY STIPULATED by and between Plaintiff GMYL, L.P. ("Plaintiff") and Defendants Ernesto Coppola and Coppola Foods Limited (collectively, "Defendants"), by and through their counsel of record, as follows:

WHEREAS, on October 11, 2013, Plaintiff filed its Complaint against Defendants;

WHEREAS, on February 5, 2014, Defendants filed a Motion to Dismiss Claims, whereby Coppola Foods Limited seeks, inter alia, dismissal of the claims against it for lack of personal jurisdiction;

WHEREAS, on February 20, 2014, pursuant to the Case Management Conference, the Court ordered (1) that Plaintiff may take limited discovery regarding personal jurisdiction and may take that discovery until April 22, 2014 (the "Jurisdictional Discovery Period"), and (2) that upon the close of the Jurisdictional Discovery Period, Defendants may re-notice their motion to dismiss;

WHEREAS, on March 24, 2014, the Court ordered that Plaintiff may take the depositions of both Defendants and of Maria Suleymanova in connection with jurisdictional discovery;

WHEREAS, on April 3, 2014, the Parties stipulated to extend the Jurisdictional Discovery Period to May 27, 2014 in order to accommodate the parties' respective schedules in a manner that would allow non-resident Defendants to travel to the United States for depositions and for a settlement conference, and the Court ordered that the Jurisdictional Discovery Period be so extended;

WHEREAS, the Parties have agreed that the depositions of Defendants and Ms. Suleymanova will take place from May 21, 2014 through May 23, 2014;

WHEREAS, Defendant Coppola Foods Limited intends to renew its motion to dismiss for lack of personal jurisdiction shortly after the Jurisdictional Discovery Period closes and Plaintiffs anticipate using testimony from the depositions of Defendants and Ms. Suleymanova (the "Jurisdictional Depositions") in opposition to such motion;

WHEREAS, the parties have agreed to a process to accommodate Defendants' interest in re-noticing their motions to dismiss shortly after the Jurisdictional Discovery Period closes, Defendants' and Ms. Suleymanova's interest in reviewing their deposition transcripts, and Plaintiff's interest in being able to use testimony from the transcripts of the Jurisdictional Depositions in opposition to Coppola Foods Limited's motion to dismiss for lack of jurisdiction;

NOW, THEREFORE, it is hereby stipulated and agreed by and between the Parties as follows:

1. Defendants will re-notice their motion to dismiss, if at all, no earlier than the date on which they receive the last of the transcripts for the Jurisdictional Depositions;

2. Defendants and party-affiliated witness Ms. Suleymanova will each review its, his, or her transcript for the Jurisdictional Deposition and make any necessary changes thereto, or notify all parties that no changes to the Deposition Transcripts are necessary, within seven (7) days of its, his, or her respective receipt of such transcript (the "Review Period");

3. Upon the expiration of the Review Period, and in the absence of any changes to the transcripts for the Jurisdictional Depositions or notification that no changes are necessary, it will be deemed that no changes to the transcripts for the Jurisdictional Depositions will be made;

4. Once Defendants re-notice their motion to dismiss in accordance with this Stipulation, all dates related to the motion to dismiss shall be in accordance with the Federal Rules of Civil Procedure, the Civil Local Rules, and the Standing Orders of this Court; and

5. Nothing in this stipulation shall prevent the parties from modifying their agreement regarding the actual handling of the transcripts for each of the Jurisdictional Depositions.

PURSUANT TO STIPULATION, IT IS ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer