Agency Solutions.com, LLC v. Trizetto Group, Inc.
Filing
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STIPULATION and ORDER for Expedited Discovery re 6 signed by Magistrate Judge Gary S. Austin on 6/27/2011. (Bradley, A)
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MANATT, PHELPS & PHILLIPS, LLP
ROBERT D. BECKER (Cal. Bar No. 160648)
E-mail: rbecker@manatt.com
RONALD S. KATZ (Cal. Bar No. 085713)
E-mail: rkatz@manatt.com
1001 Page Mill Road, Building 2
Palo Alto, CA 94304-1006
Telephone: (650) 812-1300
Facsimile: (650) 213-0260
MANATT, PHELPS & PHILLIPS, LLP
CHRISTOPHER L. WANGER (Cal. Bar No. 164751)
E-mail: cwanger@manatt.com
One Embarcadero Center, 30th Floor
San Francisco, CA 94111
Telephone: (415) 291-7400
Facsimile: (415) 291-7474
Attorneys for Plaintiff
AGENCY SOLUTIONS.COM, LLC d.b.a.
HEALTHCONNECT SYSTEMS
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IN THE UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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FRESNO DIVISION
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AGENCY SOLUTIONS.COM, LLC d.b.a.
HEALTHCONNECT SYSTEMS,
Civil Action No. 11-cv-01014-AWI-GSA
STIPULATION AND ORDER FOR
EXPEDITED DISCOVERY
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Plaintiff,
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v.
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THE TRIZETTO GROUP, INC.,
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Defendant,
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M ANATT , P HELPS &
P HILLIPS , LLP
ATTO RNEY S AT LAW
PALO AL TO
300307047.2
STIPULATION RE: EXPEDITED DISCOVERY
CIVIL ACTION NO. 11-CV-01014-AWI-GSA
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WHEREAS, on June 17, 2011, Plaintiff Agency Solutions.com, LLC d.b.a.
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HealthConnect Systems (HCS) filed a Motion for Expedited Discovery from Defendant The
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TriZetto Group, Inc. (TZG) to be heard on June 27, 2011 (Dkt.# 6-0);
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WHEREAS, on June 24, 2011, the Court issued a Minute Order indicating that the June
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27, 2011 hearing was taken off calendar and that the Court would issue a written order on HCS’s
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Motion for Expedited Discovery (Dkt.# 17);
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WHEREAS, on June 24, 2011, HCS and TZG, through counsel, reached agreement as to
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certain expedited discovery that HCS will obtain from TZG (as described below), as well as
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certain expedited discovery that TZG will obtain from HCS (as described below);
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WHEREAS, on June 24, 2011, HCS, through counsel, informed the Court that the parties
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had reached agreement as to certain expedited discovery and that the Court need not issue a
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written order on HCS’s Motion for Expedited Discovery;
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NOW, THEREFORE, IT IS HEREBY STIPULATED BY THE UNDERSIGNED THAT:
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1.
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Exhibit A to HCS’s Motion for Expedited Discovery (Dkt.# 6-1) (as well as Exhibit 1
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thereto filed under seal), and TZG will make its Rule 30(b)(6) witness(es) available for
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deposition on July 7, 2011 at the offices of TZG’s counsel in Orange County.
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2.
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to HCS’s Motion for Expedited Discovery (Dkt.# 6-2), and TZG will make a production
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of documents responsive to HCS’s Rule 34 document request at least one day in advance
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of the Rule 30(b)(6) deposition of TZG;
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3.
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the offices of HCS’s counsel in Palo Alto regarding the following topics: (a) The matters
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set forth in his Declaration in Support of Preliminary Injunction (Dkt.# 5-8) (including
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exhibits thereto and any portion of the declaration or exhibits filed under seal) and
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Appendix 1 to the Complaint; (b) What were HCS’s contributions to QuoteToCard; (c)
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What portions of QuoteToCard, if any, are HCS’s, TZG’s, jointly HCS’s-TZG’s under the
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terms of paragraph 8 of the Agreement; (d) The people with whom Mr. Masciopinto
M ANATT , P HELPS &
P HILLIPS , LLP
ATTO RNEY S AT LAW
PALO AL TO
300307047.2
TZG has accepted service of the Rule 30(b)(6) deposition notice attached as
TZG has accepted service of the Rule 34 document request attached as Exhibit B
HCS will make Daniel Masciopinto available for deposition on June 30, 2011 at
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STIPULATION RE: EXPEDITED DISCOVERY
CASE NO. 11-CV-01014-AWI-GSA
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worked on QuoteToCard; (e) Who are HCS’s competitors as that term is used in the
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Agreement; and (f) current use and plans for use by HCS of the portions of QuoteToCard
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that HCS developed under the Agreement. HCS’s counsel agrees to accept service of a
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deposition notice for Mr. Masciopinto regarding the above referenced topics.
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4.
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the deposition of Mr. Masciopinto. HCS agrees to comply with any reasonable request by
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TZG for production of documents in connection with the deposition of Mr. Masciopinto,
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if HCS is given sufficient time to comply.
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5.
TZG is not now seeking any document production from HCS in connection with
HCS and TZG agree that all the expedited discovery referenced in this stipulation
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is without prejudice to either HCS or TZG later seeking other discovery, including
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without limitation the depositions of the individuals produced for this limited purpose.
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6.
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protective order for this case.
HCS and TZG will, through counsel, further meet and confer regarding a
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IT IS SO STIPULATED
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Dated:
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June 24, 2011.
MANATT, PHELPS & PHILLIPS, LLP
By:
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/s/ Ronald S. Katz
Robert D. Becker (SBN 160648)
Ronald S. Katz (SBN 085713)
MANATT, PHELPS & PHILLIPS, LLP
1001 Page Mill Road, Building 2
Palo Alto, CA 94304-1006
Telephone: (650) 812-1300
Facsimile: (650) 213-0260
Christopher Wanger (SBN 164751)
MANATT, PHELPS & PHILLIPS, LLP
One Embarcadero Center, 30th Floor
San Francisco, CA 94111
Telephone: (415) 291-7400
Facsimile: (415) 291-7474
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Attorneys for Plaintiff Agency Solutions.com,
LLC d.b.a. HealthConnect Systems
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M ANATT , P HELPS &
P HILLIPS , LLP
ATTO RNEY S AT LAW
PALO AL TO
300307047.2
2
STIPULATION RE: EXPEDITED DISCOVERY
CASE NO. 11-CV-01014-AWI-GSA
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Dated:
June 24, 2011.
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By:
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/s/ Brian M. Daucher
BRIAN M. DAUCHER
Attorneys for Defendant
THE TRIZETTO GROUP, INC.
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SHEPPARD, MULLIN, RICHTER &
HAMPTON LLP
The Stipulation is HEREBY adopted in full.
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IT IS SO ORDERED.
Dated:
June 27, 2011
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:
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M ANATT , P HELPS &
P HILLIPS , LLP
ATTO RNEY S AT LAW
PALO AL TO
300307047.2
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STIPULATION RE: EXPEDITED DISCOVERY
CASE NO. 11-CV-01014-AWI-GSA
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