Case No. CV 09-0281 EMC Page No. 1 

STIPULATION TO AMEND SECOND AMENDED CASE MANAGEMENT AND 

PRETRIAL ORDER AND ORDER 

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DILLINGHAM & MURPHY, LLP 

CARLA J. HARTLEY (SBN 117213) 

ANGEL R. SEVILLA (SBN 239072) 

225 BUSH STREET, 6TH FLOOR 

SAN FRANCISCO, CALIFORNIA 94104-4207 

TELEPHONE: (415) 397-2700 

FACSIMILE: (415) 397-3300 

Attorneys For Defendant 

NOTEWARE DEVELOPMENT LLC and JIM NOTEWARE 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCICO DIVISION 

ERIC RIMES, 

 Plaintiff, 

v. 

NOTEWARE DEVELOPMENT LLC, and 

JIM NOTEWARE, 

 Defendants. 

Case No. CV 09-0281 EMC 

STIPULATION TO AMEND SECOND 

AMENDED CASE MANAGEMENT 

AND PRETRIAL ORDER AND ORDER 

 It is hereby stipulated by and between the parties to the above matter, by and through 

their counsel of record that the Second Amended Case Management and Pretrial Order for Jury 

Trial issued by the Court shall be amended as follows: 

1. The parties shall have until November 30, 2010 to complete non-expert discovery. 

2. There is no stay on the depositions of non-expert witnesses. Subject to the 

deadline in item 1 above, the parties may take the deposition(s) of non-expert witnesses without 

first obtaining a court order. 

3. The parties shall be limited to four non-expert depositions per side but may seek 

court order permitting additional non-expert depositions for good cause shown. 

Case 3:09-cv-00281-EMC Document 79 Filed 08/23/10 Page 1 of 3
Case No. CV 09-0281 EMC Page No. 2 

STIPULATION TO AMEND SECOND AMENDED CASE MANAGEMENT AND 

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4. The deposition of defendant JIM NOTEWARE, individually or in his capacity as 

a representative of defendant NOTEWARE DEVELOPMENT, LLC, shall be taken in Houston, 

Texas or telephonically, at plaintiff’s option. Defendants shall not be responsible for any 

expenses incurred by plaintiff for travel or otherwise related to taking the deposition of JIM 

NOTEWARE in Houston, Texas or telephonically. 

5. The parties agree that these changes can be made to the Second Amended Case 

Management and Pretrial Order for Jury Trial without affecting their ability to comply with the 

Court’s remaining dates or ability to try the case on February 14, 2010. 

Dated: August 20, 2010 LAW OFFICES OF MAUREEN E. MCFADDEN 

 MAUREEN E. MCFADDEN 

By: / s / Eric Rimes 

Attorneys for Plaintiff 

ERIC RIMES 

Dated: August 20, 2010 DILLINGHAM & MURPHY, LLP 

 CARLA J. HARTLEY 

By: / s / Carla J. Hartley 

Attorneys For Defendants 

NOTEWARE DEVELOPMENT LLC and 

JIM NOTEWARE 

ORDER 

Based on the stipulation of the parties, it is hereby ordered that the Second Amended 

Case Management and Pretrial Order For Jury Trial is amended as follows: 

1. The parties shall have until November 30, 2010 to complete non-expert discovery. 

2. There is no stay on the depositions of non-expert witnesses. Subject to the 

deadline in item 1 above, the parties may take the deposition(s) of non-expert witnesses without 

first obtaining a court order. 

Case 3:09-cv-00281-EMC Document 79 Filed 08/23/10 Page 2 of 3
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STIPULATION TO AMEND SECOND AMENDED CASE MANAGEMENT AND 

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3. The parties shall be limited to four non-expert depositions per side but may seek 

court order permitting additional non-expert depositions for good cause shown. 

4. The deposition of defendant JIM NOTEWARE, individually or in his capacity as 

a representative of defendant NOTEWARE DEVELOPMENT, LLC, shall be taken in Houston, 

Texas or telephonically, at plaintiff’s options. Defendants shall not be responsible for any 

expenses incurred by plaintiff for travel or otherwise related to taking the deposition of JIM 

NOTEWARE in Houston, Texas or telephonically. 

Dated: August , 2010 

 EDWARD M. CHEN 

 United States Magistrate Judge 

Case 3:09-cv-00281-EMC Document 79 Filed 08/23/10 Page 3 of 3