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08-24-16 Minute Order

This is an unofficial transcription of a scan of a court document, the original scanned document can be viewed here.





DATE: 08/24/2016
TIME: 12:00:00 PM
DEPT: C-67
CLERK: Patricia Ashworth
REPORTER/ERM: David Rhoads CSR# 13508

CASE NO: 37-2011-00102593-CU-OE-CTL
CASE INIT.DATE: 12/16/2011
CASE TITLE: Felczer vs. Apple Inc [IMAGED]
CASE CATEGORY: Civil – Unlimited
CASE TYPE: Other employment


Ex Parte


Tyler J Belong, counsel, present for Plaintiff(s).
Jeffrey L Hogue, counsel, present for Plaintiff(s).
Michael G Leggieri, counsel, present for Defendant(s) telephonically.
Amy Todd-Gher, counsel, present for Defendant(s).
Gregory G Iskander, counsel, present for Defendant(s) telephonically.
Todd K Boyer counsel, present for Defendant(s) telephonically.
Julie A Dunne, counsel, present for Defendant(s).
Attorney Brett Gunther is also present on behalf of Plaintiff(s).

Plaintiffs’ Ex Parte Application to Compel Supplemental Responses to Request for Admissions and Special Defendant’s Interrogatories Ex Parte Application is before the for Court.

Issue re: Continued Deposition on Plaintiffs’ Experts and Issues Scheduling Class Member Deposition.

The Court hears oral argument.

1. The court orders expert Hildreth’s deposition to occur on September 15, 2016, at 9:00 near Los Angeles. Apple shall sent the expert’s report by noon, August 25, and the supporting documentation by September 7th.
2. Attorney Boyer will determine whether a color screen shot is available, and if so, shall produce it to plaintiff’s in color.
3. Plaintiffs request for post certification discovery on Kronos is denied.
4. Plaintiff’s request for a protective order is granted in part. Although individual verifications are not required of the 224 discovery RFA, one verification is require. The court will be the gate keeper with regard to the admissibility.
5. With regard to whether Apple Apple had the shall ability to flag data and produce the information as to the 4 RFA and 9 special interrogatories, Apple shall provide a supplemental response consistent with Ms. Dunne’s representation at the ex parte hearing.
6. The deposition of Dr.Speakman will take place on August 29, 2016, in Austin, Texas. The court extends the opposition due on the motion to decertified to one day, as well as the reply, due at noon. The court will reserve 3 hours for the hearing on September 14, 2016.
7. The parties shall meet and confer regarding Apple’s PMQ.
8. The deposition of O’Brien may be resumed and will take place after September 15, 2016, to last a maximum of one half day. The parties will work together to ensure deposition coverage, and if necessary, split the attorney’s time.
9. The deposition of Fenton will be resumed, and will last 1⁄2 day in Portland, to be scheduled after September 19
10. Plaintiff shall provide Mr. Boyer, the telephone numbers, and addresses if available, for the remaining 9 class deponents by tomorrow. Counsel are to ordered to coordinate to complete the depositions by September 30, 2016. The court does not want see 9 different cross-country trips.
11. Although not within the ex parte papers, the parties stipulate that Apple may respond to the class member who now works for Apple, “You are free to choose whether you want to speak to them.” Any attorney-client matter inadvertently forwarded shall be deleted immediately.
12. Apple may subpoena trial witnesses without proceeding through plaintiff’s counsel’s office.

Signed by
Judge Eddie C Sturgeon