Preview
Envelope: 14986766
GLENN AGRE BERGMAN & FUENTES LLP
LYN R. AGRE (CASBN 178218
EDWARD E. SHAPIRO (CASBN 326182) FILED
44 Montgomery Street, Suite 2410 April 11, 2024
San Francisco, CA 94104 Clerk of the Court
Telephone: (415) 599-0880 Superior Court of CA
lagre@glennagre.com County of Santa Clara
eshapiro@glennagre.com
23C0V415833
Attorneys for Individual Defendants
Timothy Cordell, Geoffrey Peterson, By: rwalker
Devin Tomcik, and John Barnes
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA CLARA
10
TRACE3, LLC, a California limited liability CASE NO. 23CV415833
11 company,
STIPULATION AND-+{PROPOSEDL
12 Plaintiff, ORDER BETWEEN PARTIES RE
INDIVIDUAL DEFENDANTS’
13) Vv. DOCUMENT PRODUCTION
SYCOMP A TECHNOLOGY COMPANY, RESPONSIVE TO TRACE3, LLC’S
14 INC., a California corporation; TIMOTHY REQUESTS FOR PRODUCTION (SET
CORDELL, an individual, GEOFF PETERSON, | TWO)
15) an individual; DEVIN TOMCIK, an individual;
and DOES 1-10, inclusive; Assigned to the Hon. Charles F. Adams
16] Dept.: |
Defendants.
17| Action Filed: May 12, 2023
18)
19]
20)
21
22)
23
24|
25
26]
27
28
STPULATION RE PRODUCTION DEADLINE IN RESPONSE TO TRACE3 RFP SET TWO —
CASE NO. 23cv415833
STIPULATION
Plaintiff Trace3, LLC (“Trace3”), and Individual Defendants Timothy Cordell, Geoffrey
Peterson, and Devin Tomcik (“Individual Defendants”) (collectively referred to as “the Stipulating
Parties”) stipulate to the following adjoumment, and request entry of an Order adjouming
the
following deadlines:
On February 1, 2024, this Court granted Trace3’s motion to compel as to the
Individual Defendants (“February 1 Order”), ordering the production of documents and a privilege
log within 60 days of the date of the Order, which was April 1, 2024;
On March 29, 2024, the Individual Defendants applied for ex parte relief to extend
the deadline for compliance with the February 1 Order until April 15, 2024 and in granting the
Motion, the Court stated
that no further extensions would be granted to the Individual Defendants
absent unforeseen technical issues;
Counsel for the Individual Defendants have represented
to Trace3 that they have
experienced unforeseen technical issues, namely, that their vendor experienced delayed download
times;
Based on that representation
and in an effort to avoid burdening
the Court with
further
ex parte practice, Trace3 has agreed to one additional 7-day extension
to the Individual
Defendants’ deadline
to comply with the February 1 Order until April 22, 2024;
Individual Defendants will produce responsive documents on a rolling basis as they
become available prior to April 22, 2024 and will comply with the February 1 Order no later than
Apmil 22, 2024 absent further unforeseen technical issues;
Nothing in this stipulation waives or precludes Trace3 from asserting that it has been
prejudiced
by the Individual Defendants’ delays in compliance
with the February 1 Order; and
Nothing in this stipulation waives, estops, or releases Trace3’s right and ability to
apply and/or move for sanctions and/or other relief related to the Individual Defendants’ production
and privilege log made pursuant to the February 1 Order after April 22, 2024, including
on an ex
2
STIPULATION RE PRODUCTION DEADLINEIN RESPONSE TO TRACEP3 RFP SET TWO
CASE NO. 23cv415833
parte basis to the extent permitted at law. The parties
agree to all other existing rights and waive
none.
Dated: April 11, 2024 GLENN AGRE BERGMAN & FUENTES
By:_/s/ LynR. Agre
LYNR. AGRE
EDWARD E. SHAPIRO
MEGAN M. REILLY
Attorneys for Defendants Timothy Cordell,
Geoffrey Peterson, Devin Tonxik, and John
Barnes
Dated: April 11, 2024 DAVIS WRIGHT TREMAINE LLP
By:_/s/ Noole S. Phillis
JEREMY MERKELSON
NICOLE PHILLIS
HEATHER CANNER
Attorneys for Plaintiff TRACE3, LLC
3
STIPULATION RE PRODUCTION DEADLINEIN RESPONSE TO TRACEP3 RFP SET TWO
CASE NO. 23cv415833
{PROPOSED} ORDER
GOOD CAUSE APPEARING, The Court hereby ORDERS as follows:
1 Individual Defendants’ deadline to complete their production of documents in response
to Trace3’s requests for production (Set Two) is adjourned from April 15, 2024 to April
22, 2024;
Nothing in this Order precludes Trace3’s ability to apply and/or move for sanctions
and/or other relief related to the Individual Defendants’ production and privilege log
made pursuant to the February 1 Order after April 22, 2024, including on an ex parte
basis to the extent permitted at law.
10 IT IS SO ORDERED.
11 Dated: 411112024 1:10:57 PM
Honorable Charles F. Adams
12 Santa Clara County Superior Court Judge
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 4
STIPULATION RE PRODUCTION DEADLINE IN RESPONSE TO TRACEP3 RFP SET TWO
CASE NO. 23cv415833
PROOF OF SERVICE
I, Lesa Libatique, am employed
by Glenn Agre Bergman
& Fuentes LLP in the City and
County of San Francisco, State of Califomia. My business address is 44 Montgomery Street, Suite
2410, San Francisco, CA 94104. I am over the age of 18 and not a party to this matter. On the date
set forth below, I served the following documents:
STIPULATION AND [PROPOSED] ORDER BETWEEN PARTIES RE
INDIVIDUAL DEFENDANTS’ DOCUMENT PRODUCTION RESPONSIVE TO
TRACE3. LLC’S REQUESTS FOR PRODUCTION (SET TWO)
By E-Mail- Based on a court order or an agreement of the parties to accept service by e-mail or
electronic transmission, I caused the documents
in (“pdf” format) to be sent to the persons at the e-
mail addresses listed below. I did not receive, within a reasonable time after the transmission, any
electronic message or other indication that the transmission was unsuccessful.
NICOLE PHILLIS Attomeys for Plaintiff TRACE3, LLC
DAVIS WRIGHT TREMAINE LLP
865 S. Figueroa St., Suite 2400
Los Angeles, CA 90017-2566
Email: nicolephillis@dwt.com.
MARINA GRUBER
DAVIS WRIGHT TREMAINE LLP
50 Califomia Street, 23" Floor
San Francisco, CA 94111
Email: marinagruber@dwt.com.
JEREMY MERKELSON
DAVIS WRIGHT TREMAINE LLP
130 K Street NW, Suite 500 East
Washington, DC 20005
Email: jeremymerkelson@dwt.com
RAJIV DHARNIDHARKA Attomeys
for Defendant SYCOMP A.
JEANETTEBARZELAY TECHNOLOGY COMPANY, INC.
MICAH A. CHAVIN
ERIN HEIFFERMAN
DLA PIPER LLP (US)
2000 University Avenue
East Palo Alto, CA 94303-2214
Enuils:
rajiv.dhamidharka@us.dlapiper.com
jeanette. barzelay@us.dlapiper.com
micah.chavin@us.dlapiper.com,
exin._heiferman@us.dlapiper.com
5
STIPULATION RE PRODUCTION DEADLINEIN RESPONSE TO TRACEP3 RFP SET TWO
CASE NO. 23cv415833
I declare under penalty of perjury
under the laws of the State of Califomia
that the foregoing
is true and correct.
Executed on April 11, 2024, at San Francisco, Califomia.
/s/ Lesa Libatique
Lesa Libatique
6
STIPULATION RE PRODUCTION DEADLINEIN RESPONSE TO TRACEP3 RFP SET TWO
CASE NO. 23cv415833
Preview
Envelope: 14986766 GLENN AGRE BERGMAN & FUENTES LLP LYN R. AGRE (CASBN 178218 EDWARD E. SHAPIRO (CASBN 326182) FILED 44 Montgomery Street, Suite 2410 April 11, 2024 San Francisco, CA 94104 Clerk of the Court Telephone: (415) 599-0880 Superior Court of CA lagre@glennagre.com County of Santa Clara eshapiro@glennagre.com 23C0V415833 Attorneys for Individual Defendants Timothy Cordell, Geoffrey Peterson, By: rwalker Devin Tomcik, and John Barnes SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA 10 TRACE3, LLC, a California limited liability CASE NO. 23CV415833 11 company, STIPULATION AND-+{PROPOSEDL 12 Plaintiff, ORDER BETWEEN PARTIES RE INDIVIDUAL DEFENDANTS’ 13) Vv. DOCUMENT PRODUCTION SYCOMP A TECHNOLOGY COMPANY, RESPONSIVE TO TRACE3, LLC’S 14 INC., a California corporation; TIMOTHY REQUESTS FOR PRODUCTION (SET CORDELL, an individual, GEOFF PETERSON, | TWO) 15) an individual; DEVIN TOMCIK, an individual; and DOES 1-10, inclusive; Assigned to the Hon. Charles F. Adams 16] Dept.: | Defendants. 17| Action Filed: May 12, 2023 18) 19] 20) 21 22) 23 24| 25 26] 27 28 STPULATION RE PRODUCTION DEADLINE IN RESPONSE TO TRACE3 RFP SET TWO — CASE NO. 23cv415833 STIPULATION Plaintiff Trace3, LLC (“Trace3”), and Individual Defendants Timothy Cordell, Geoffrey Peterson, and Devin Tomcik (“Individual Defendants”) (collectively referred to as “the Stipulating Parties”) stipulate to the following adjoumment, and request entry of an Order adjouming the following deadlines: On February 1, 2024, this Court granted Trace3’s motion to compel as to the Individual Defendants (“February 1 Order”), ordering the production of documents and a privilege log within 60 days of the date of the Order, which was April 1, 2024; On March 29, 2024, the Individual Defendants applied for ex parte relief to extend the deadline for compliance with the February 1 Order until April 15, 2024 and in granting the Motion, the Court stated that no further extensions would be granted to the Individual Defendants absent unforeseen technical issues; Counsel for the Individual Defendants have represented to Trace3 that they have experienced unforeseen technical issues, namely, that their vendor experienced delayed download times; Based on that representation and in an effort to avoid burdening the Court with further ex parte practice, Trace3 has agreed to one additional 7-day extension to the Individual Defendants’ deadline to comply with the February 1 Order until April 22, 2024; Individual Defendants will produce responsive documents on a rolling basis as they become available prior to April 22, 2024 and will comply with the February 1 Order no later than Apmil 22, 2024 absent further unforeseen technical issues; Nothing in this stipulation waives or precludes Trace3 from asserting that it has been prejudiced by the Individual Defendants’ delays in compliance with the February 1 Order; and Nothing in this stipulation waives, estops, or releases Trace3’s right and ability to apply and/or move for sanctions and/or other relief related to the Individual Defendants’ production and privilege log made pursuant to the February 1 Order after April 22, 2024, including on an ex 2 STIPULATION RE PRODUCTION DEADLINEIN RESPONSE TO TRACEP3 RFP SET TWO CASE NO. 23cv415833 parte basis to the extent permitted at law. The parties agree to all other existing rights and waive none. Dated: April 11, 2024 GLENN AGRE BERGMAN & FUENTES By:_/s/ LynR. Agre LYNR. AGRE EDWARD E. SHAPIRO MEGAN M. REILLY Attorneys for Defendants Timothy Cordell, Geoffrey Peterson, Devin Tonxik, and John Barnes Dated: April 11, 2024 DAVIS WRIGHT TREMAINE LLP By:_/s/ Noole S. Phillis JEREMY MERKELSON NICOLE PHILLIS HEATHER CANNER Attorneys for Plaintiff TRACE3, LLC 3 STIPULATION RE PRODUCTION DEADLINEIN RESPONSE TO TRACEP3 RFP SET TWO CASE NO. 23cv415833 {PROPOSED} ORDER GOOD CAUSE APPEARING, The Court hereby ORDERS as follows: 1 Individual Defendants’ deadline to complete their production of documents in response to Trace3’s requests for production (Set Two) is adjourned from April 15, 2024 to April 22, 2024; Nothing in this Order precludes Trace3’s ability to apply and/or move for sanctions and/or other relief related to the Individual Defendants’ production and privilege log made pursuant to the February 1 Order after April 22, 2024, including on an ex parte basis to the extent permitted at law. 10 IT IS SO ORDERED. 11 Dated: 411112024 1:10:57 PM Honorable Charles F. Adams 12 Santa Clara County Superior Court Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 STIPULATION RE PRODUCTION DEADLINE IN RESPONSE TO TRACEP3 RFP SET TWO CASE NO. 23cv415833 PROOF OF SERVICE I, Lesa Libatique, am employed by Glenn Agre Bergman & Fuentes LLP in the City and County of San Francisco, State of Califomia. My business address is 44 Montgomery Street, Suite 2410, San Francisco, CA 94104. I am over the age of 18 and not a party to this matter. On the date set forth below, I served the following documents: STIPULATION AND [PROPOSED] ORDER BETWEEN PARTIES RE INDIVIDUAL DEFENDANTS’ DOCUMENT PRODUCTION RESPONSIVE TO TRACE3. LLC’S REQUESTS FOR PRODUCTION (SET TWO) By E-Mail- Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents in (“pdf” format) to be sent to the persons at the e- mail addresses listed below. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. NICOLE PHILLIS Attomeys for Plaintiff TRACE3, LLC DAVIS WRIGHT TREMAINE LLP 865 S. Figueroa St., Suite 2400 Los Angeles, CA 90017-2566 Email: nicolephillis@dwt.com. MARINA GRUBER DAVIS WRIGHT TREMAINE LLP 50 Califomia Street, 23" Floor San Francisco, CA 94111 Email: marinagruber@dwt.com. JEREMY MERKELSON DAVIS WRIGHT TREMAINE LLP 130 K Street NW, Suite 500 East Washington, DC 20005 Email: jeremymerkelson@dwt.com RAJIV DHARNIDHARKA Attomeys for Defendant SYCOMP A. JEANETTEBARZELAY TECHNOLOGY COMPANY, INC. MICAH A. CHAVIN ERIN HEIFFERMAN DLA PIPER LLP (US) 2000 University Avenue East Palo Alto, CA 94303-2214 Enuils: rajiv.dhamidharka@us.dlapiper.com jeanette. barzelay@us.dlapiper.com micah.chavin@us.dlapiper.com, exin._heiferman@us.dlapiper.com 5 STIPULATION RE PRODUCTION DEADLINEIN RESPONSE TO TRACEP3 RFP SET TWO CASE NO. 23cv415833 I declare under penalty of perjury under the laws of the State of Califomia that the foregoing is true and correct. Executed on April 11, 2024, at San Francisco, Califomia. /s/ Lesa Libatique Lesa Libatique 6 STIPULATION RE PRODUCTION DEADLINEIN RESPONSE TO TRACEP3 RFP SET TWO CASE NO. 23cv415833