EXHIBIT 5 

Case 3:16-cv-00580-AC Document 365-5 Filed 09/21/18 Page 1 of 9
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Page 1 - Order Granting in Part and Denying in Part Defendant Deloitte & Touche, LLP's Motion to 

Compel Plaintiffs to Produce Documents 

4820-1349-5137.7 

IN THE CIRCUIT COURT OF THE STATE OF OREGON 

FOR THE COUNTY OF MULTNOMAH 

WALTER WURSTER, individually; et al.,

Plaintiffs, 

v. 

DELOITTE & TOUCHE, LLP, a Delaware 

limited liability partnership; et al., 

Defendants.

Case No. 16CV25920 

Hon. Kathleen M. Dailey 

ORDER GRANTING IN PART AND 

DENYING IN PART DEFENDANT 

DELOITTE & TOUCHE, LLP'S MOTION TO 

COMPEL PLAINTIFFS TO PRODUCE 

DOCUMENTS 

This matter came before the Court at 8:30 a.m. on April 6, 2018, for argument on 

Defendant Deloitte & Touche LLP’s ("Deloitte") Motion to Compel Plaintiffs to Produce 

Documents (the "Motion to Compel"). Peter A. Wald and Gavin M. Masuda argued on behalf of 

Deloitte. Ian M. Christy and Bruce L. Campbell argued on behalf of plaintiffs. 

Deloitte moved the Court for an order requiring Plaintiffs to produce all nonprivileged documents responsive to Deloitte's Request for Production No. 13 in Deloitte's First 

Set of Requests for Production of Documents, which sought: 

Documents sufficient to show Your financial condition at the time of all of Your 

Transactions of any Aequitas Security or any other Transaction with any Aequitas 

Entity, including without limitation Your federal income tax returns from the two 

years prior to such Transaction, Your investment, bank or other account 

statements showing Your income, assets, or liabilities, or any other 

documentation sufficient to show Your income, assets, or liabilities. 

Plaintiffs opposed Deloitte's Motion to Compel on the grounds that the request 

sought documents that are not relevant to the claims and defenses in this action and would 

impose an unnecessary burden on plaintiffs. 

Case 3:16-cv-00580-AC Document 365-5 Filed 09/21/18 Page 2 of 9 16CV25920
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Page 2 - Order Granting in Part and Denying in Part Defendant Deloitte & Touche, LLP's Motion to 

Compel Plaintiffs to Produce Documents 

4820-1349-5137.7 

The Court, having reviewed the record in this action, hearing all arguments, and 

being fully advised, hereby ORDERS: 

1. Deloitte's Motion to Compel is GRANTED in part and DENIED WITH 

LEAVE TO LATER RENEW in part, in accordance with Paragraphs 2 

and 3 below. 

2. Deloitte's Motion to Compel is GRANTED as to account or brokerage 

statements reflecting the purchase, sale (if any), rollover (if any) and any 

amounts received on any security issued by any Aequitas entity for which 

plaintiffs claim damages, which Plaintiffs shall make reasonable efforts to 

identify and obtain (including from their financial advisors, brokers, 

accountants, bankers, or any other person from whom plaintiffs have the 

legal right to obtain such original documentation). To the extent any 

Plaintiff does not possess or cannot obtain such account or brokerage 

statements, that Plaintiff will produce other original documentation 

sufficient to show the purchase, sale (if any), rollover (if any) and any 

amounts received on any security issued by any Aequitas entity for which 

plaintiffs claim damages, subject to Deloitte’s right to confer in good faith 

with that Plaintiff about the production of further documentation and 

without waiving any right by Deloitte to move the Court for further relief. 

3. In all other respects, Deloitte's Motion to Compel is DENIED WITH 

LEAVE TO LATER RENEW. 

 

Case 3:16-cv-00580-AC Document 365-5 Filed 09/21/18 Page 3 of 9
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Page 3 - Order Granting in Part and Denying in Part Defendant Deloitte & Touche, LLP's Motion to 

Compel Plaintiffs to Produce Documents 

4820-1349-5137.7 

4. Plaintiffs shall produce the account or brokerage statements described in 

paragraph 2 above no later than June 4, 2018. To the extent any Plaintiff 

does not possess or cannot obtain such account or brokerage statements, 

that Plaintiff will produce other original documentation no later than 

July 5, 2018. 

 

Submitted by: 

Ian M. Christy 

OSB No. 160116 

MILLER NASH GRAHAM & DUNN LLP 

Attorneys for Plaintiffs 

Signed: 5/10/2018 03:48 PM

Case 3:16-cv-00580-AC Document 365-5 Filed 09/21/18 Page 4 of 9
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Page 1 - Certificate of Readiness 

4820-1349-5137.7 MILLER NASH GRAHAM & DUNN LLP ATTORNEYS AT LAW 

T: 503.224.5858 $$ F: 503.224.0155 

3400 U.S. BANCORP TOWER 

111 S.W. FIFTH AVENUE 

PORTLAND, OREGON 97204 

CERTIFICATE OF READINESS 

(UTCR 5.100) 

This proposed order or judgment is ready for judicial signature because: 

X 1. Each party affected by this order or judgment has stipulated to or 

approved the order or judgment, as shown by the signature(s) on the 

document being submitted, or by written confirmation sent to me.

 2. I have served a copy of this order or judgment on all parties entitled to 

service and: 

 a. No objection has been served on me by counsel within 3 days 

prior to this submission 

 b. I received objections that I could not resolve with the opposing 

party despite reasonable efforts to do so. I have filed with the court 

a copy of the objections I received and indicated which objections 

remain unresolved. 

 c. After conferring about objections, the other party agreed to 

independently file any remaining objection with the court.

 3. Service is not required pursuant to subsection (3) of this rule, or by statute, 

rule, or otherwise, because the other party has been found in default, or an 

order of default is being requested with this proposed judgment/order; 

because this judgment/order is submitted ex parte as allowed by statute or 

rule; or this judgment/order is being submitted in open court with all parties 

present. 

 4. This is a proposed judgment that includes an award of punitive damages 

and notice has been served on the Director of Crime Victim’s Assistance 

Section as required by subsection (4) of this rule. 

DATED this 8th day of May, 2018. 

s/ Ian M. Christy 

Ian M. Christy, OSB No. 160116 

Of Attorneys for Plaintiffs

Case 3:16-cv-00580-AC Document 365-5 Filed 09/21/18 Page 5 of 9
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Page 1 - Certificate of Service 

4820-1349-5137.7 MILLER NASH GRAHAM & DUNN LLP ATTORNEYS AT LAW 

T: 503.224.5858 $$ F: 503.224.0155 

3400 U.S. BANCORP TOWER 

111 S.W. FIFTH AVENUE 

PORTLAND, OREGON 97204 

CERTIFICATE OF SERVICE 

I hereby certify that I served the foregoing Order Granting in Part and Denying in 

Part Defendant Deloitte & Touche LLP's Motion to Compel Plaintiffs to Produce Documents on 

the attorney or party listed below on the date set forth below by the method(s) indicated: 

Gary Grenley 

Robert C. Weaver 

Paul H. Trinchero 

Eryn Karpinski Hoerster 

Garvey Schubert Barer 

121 S.W. Morrison Street, 11th Floor 

Portland, Oregon 97204 

Peter Wald 

Gavin Masuda 

Latham & Watkins 

505 Montgomery Street, Suite 2000 

San Francisco, California 94111-6538 

Attorneys for Defendant Deloitte & Touche, 

LLP 

 First-class mail, postage prepaid

 Facsimile, pursuant to ORCP 9 F 

 Hand-delivery 

 Overnight courier, delivery prepaid 

 E-mail, pursuant to ORCP 9 G 

 E-mail copy, as a courtesy only 

 OJD EFILING SYSTEM, if 

registered at the party's email 

address as recorded on the date of 

service in the eFiling system, 

pursuant to UTCR 21.100. 

 Other 

Matthew Kalmanson 

Hart Wagner, LLP 

1000 S.W. Broadway, Suite 2000 

Portland, Oregon 97205 

Bruce M. Bettigole 

Gail L. Westover 

Nicholas T. Christakos 

Eversheds Sutherland (US) LLP 

700 Sixth Street, NW, Suite 700 

Washington, DC 20001 

Attorneys for Defendant TD Ameritrade, Inc. 

 First-class mail, postage prepaid

 Facsimile, pursuant to ORCP 9 F 

 Hand-delivery 

 Overnight courier, delivery prepaid 

 E-mail, pursuant to ORCP 9 G 

 E-mail copy, as a courtesy only 

 OJD EFILING SYSTEM, if 

registered at the party's email 

address as recorded on the date of 

service in the eFiling system, 

pursuant to UTCR 21.100. 

 Other 

Case 3:16-cv-00580-AC Document 365-5 Filed 09/21/18 Page 6 of 9
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Page 2 - Certificate of Service 

4820-1349-5137.7 MILLER NASH GRAHAM & DUNN LLP ATTORNEYS AT LAW 

T: 503.224.5858 $$ F: 503.224.0155 

3400 U.S. BANCORP TOWER 

111 S.W. FIFTH AVENUE 

PORTLAND, OREGON 97204 

William Ferranti 

The Ferranti Firm LLC 

1819 S.W. Fifth Avenue, #403 

Portland, Oregon 97201 

Linda Coberly 

Winston & Strawn LLP 

35 W. Wacker Drive 

Chicago, Illinois 60601-9703 

Attorneys for Defendant EisnerAmper, LLP 

 First-class mail, postage prepaid

 Facsimile, pursuant to ORCP 9 F 

 Hand-delivery 

 Overnight courier, delivery prepaid 

 E-mail, pursuant to ORCP 9 G 

 E-mail copy, as a courtesy only 

 OJD EFILING SYSTEM, if 

registered at the party's email 

address as recorded on the date of 

service in the eFiling system, 

pursuant to UTCR 21.100. 

 Other 

David Markowitz 

Chad Colton 

Markowitz Herbold PC 

1211 S.W. Fifth Avenue, Suite 3000 

Portland, Oregon 97204 

Bruce Abbott 

Michael Doyen 

Brad Brian 

Zachary Briers 

Kevin Brady 

Trevor Templeton 

Munger, Tolles & Olson LLP 

355 South Grand Avenue, 35th Floor 

Los Angeles, California 90071 

Attorneys for Defendant Sidley Austin, LLP 

 First-class mail, postage prepaid

 Facsimile, pursuant to ORCP 9 F 

 Hand-delivery 

 Overnight courier, delivery prepaid 

 E-mail, pursuant to ORCP 9 G 

 E-mail copy, as a courtesy only 

 OJD EFILING SYSTEM, if 

registered at the party's email 

address as recorded on the date of 

service in the eFiling system, 

pursuant to UTCR 21.100. 

 Other 

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Page 3 - Certificate of Service 

4820-1349-5137.7 MILLER NASH GRAHAM & DUNN LLP ATTORNEYS AT LAW 

T: 503.224.5858 $$ F: 503.224.0155 

3400 U.S. BANCORP TOWER 

111 S.W. FIFTH AVENUE 

PORTLAND, OREGON 97204 

Sharon Rudnick 

William F. Gary 

Harrang Long Gary Rudnick P.C. 

497 Oakway Road, Suite 380 

Eugene, Oregon 97401 

Stephen V. D'Amore 

Scott M. Ahmad 

Winston & Strawn LLP 

35 W. Wacker Drive 

Chicago, Illinois 60601-9703 

Andrew C. Nichols 

Winston & Strawn LLP 

1700 K Street, N.W. 

Washington, D.C. 20006-3817 

Attorney for Duff & Phelps, LLC 

 First-class mail, postage prepaid

 Facsimile, pursuant to ORCP 9 F 

 Hand-delivery 

 Overnight courier, delivery prepaid 

 E-mail, pursuant to ORCP 9 G 

 E-mail copy, as a courtesy only 

 OJD EFILING SYSTEM, if 

registered at the party's email 

address as recorded on the date of 

service in the eFiling system, 

pursuant to UTCR 21.100. 

 Other 

 

Case 3:16-cv-00580-AC Document 365-5 Filed 09/21/18 Page 8 of 9
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Page 4 - Certificate of Service 

4820-1349-5137.7 MILLER NASH GRAHAM & DUNN LLP ATTORNEYS AT LAW 

T: 503.224.5858 $$ F: 503.224.0155 

3400 U.S. BANCORP TOWER 

111 S.W. FIFTH AVENUE 

PORTLAND, OREGON 97204 

Milo Petranovich 

Peter D. Hawkes 

SreeVamshi C. Reddy 

Lane Powell 

601 S.W. Second Avenue, Suite 2100 

Portland, Oregon 97204 

Attorneys for Integrity Bank & Trust 

 First-class mail, postage prepaid

 Facsimile, pursuant to ORCP 9 F 

 Hand-delivery 

 Overnight courier, delivery prepaid 

 E-mail, pursuant to ORCP 9 G 

 E-mail copy, as a courtesy only 

 OJD EFILING SYSTEM, if 

registered at the party's email 

address as recorded on the date of 

service in the eFiling system, 

pursuant to UTCR 21.100. 

 Other 

Philip S. Van Der Weele 

K&L Gates LLP 

One S.W. Columbia Street, Suite 1900 

Portland, Oregon 97258 

Attorneys for Defendant Tonkon Torp, LLP 

 First-class mail, postage prepaid

 Facsimile, pursuant to ORCP 9 F 

 Hand-delivery 

 Overnight courier, delivery prepaid 

 E-mail, pursuant to ORCP 9 G 

 E-mail copy, as a courtesy only 

 OJD EFILING SYSTEM, if 

registered at the party's email 

address as recorded on the date of 

service in the eFiling system, 

pursuant to UTCR 21.100. 

 Other 

DATED this 8th day of May, 2018. 

s/ Ian M. Christy 

Ian M. Christy, OSB No. 160116 

Attorney for Plaintiffs 

Case 3:16-cv-00580-AC Document 365-5 Filed 09/21/18 Page 9 of 9