Free Report of Rule 26(f) Planning Meeting - District Court of California - California

Case 3:07-cv-04916-MMC

Document 15

Filed 12/27/2007

Page 1 of 6

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16

LINDA E. SHOSTAK (BAR NO. 64599) [email protected] MARY A. HANSBURY (BAR NO. 191121) [email protected] MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: 415.268.7000 Facsimile: 415.268.7522 Attorneys for Defendant NOVARTIS PHARMACEUTICALS CORPORATION THOMAS MARC LITTON (BAR NO. 119985) [email protected] LITTON & GEONETTA, LLP 120 Montgomery Street, Suite 1600 San Francisco, CA 94104 Telephone: 415.421.4770 Facsimile: 415.421.4784 [see additional counsel on following page] Attorneys for Plaintiff BARBARA SAITO

UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA 18 SAN FRANCISCO DIVISION 19 20 BARBARA SAITO, 21 Plaintiff, 22 v. 23 24 25 Defendant. 26 27 28
JOINT REPORT OF THE PARTIES' FRCP RULE 26(F) CONFERENCE AND DISCOVERY PLAN CASE NO. C-05-4979-MMC

Case No.

07 CV 04916 MMC

NOVARTIS PHARMACEUTICALS CORPORATION, DOES 1 TO 20, Inclusive and each of them,

JOINT REPORT OF THE PARTIES' FRCP RULE 26(f) CONFERENCE AND DISCOVERY PLAN Honorable Maxine M. Chesney Date Action Filed: August 22, 2007 Date of Removal: Sept. 21, 2007

Case 3:07-cv-04916-MMC

Document 15

Filed 12/27/2007

Page 2 of 6

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

ADDITIONAL COUNSEL Additional counsel for Plaintiff Barbara Saito DAVID SANFORD (BAR NO. 457933) [email protected] ANGELA CORRIDAN (BAR NO. 492978) SANFORD WITTELS & HEISLER LLP 1666 Connecticut Ave., NW, Suite 310 Washington, D.C. 20009 Telephone: (202) 742-7780 Facsimile: (202) 742-7776 Attorneys for Plaintiff BARBARA SAITO GRANT MORRIS (926253) [email protected] LAW OFFICES OF GRANT E. MORRIS 1666 Connecticut Ave., NW, Suite 310 Washington, D.C. 20009 Telephone: (202) 742-7783 Facsimile: (202) 742-7776 Attorneys for Plaintiff BARBARA SAITO

JOINT REPORT OF THE PARTIES' FRCP RULE 26(F) CONFERENCE AND DISCOVERY PLAN CASE NO. C-05-4979-MMC

Case 3:07-cv-04916-MMC

Document 15

Filed 12/27/2007

Page 3 of 6

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Pursuant to FRCP 26(f)(2), Plaintiff Barbara Saito ("Plaintiff") and Defendant Novartis Pharmaceutical Corporation ("Defendant"), by and through their counsel of record, hereby submit the following Report of FRCP Rule 26(f) Conference and Discovery Plan. I. RULE 26(f) CONFERENCE

On December 13, 2007, Mary Hansbury (counsel for Defendant Novartis Pharmaceutical Corporation) and Marc Litton (counsel for Plaintiff Barbara Saito) participated in an FRCP Rule 26(f) conference by phone. During the conference, counsel for the parties discussed the subjects set forth in the Court's Standing Order regarding the Contents of Joint Case Management Conference Statement and preparation of the parties' Joint Case Management Conference Statement. II. INITIAL DISCLOSURES

The parties have stipulated and agreed that they will complete the initial disclosures required by FRCP Rule 26(a)(1) on or before January 11, 2008. III. DISCOVERY PLAN

Pursuant to FRCP Rule 26(f)(3), the parties jointly propose to the Court the following discovery plan: A. Protective Order

Before exchange of any documents, the parties have agreed to enter into a stipulated protective order based on the Court's model form. B. Subjects of Discovery

The parties will need to conduct discovery regarding the following subjects: Plaintiff's allegation that she applied for and was denied several positions at Novartis Pharmaceutical Corporation because of her gender and/or age. Plaintiff's allegation that she was denied training opportunities at Novartis Pharmaceutical Corporation because of her gender and/or age. Plaintiff's allegation that was subjected to harassment, disparate terms and conditions of employment, and discriminatory disciplinary procedures because of her gender and/or age and/or complaints about discrimination.

1
JOINT REPORT OF THE PARTIES' FRCP RULE 26(F) CONFERENCE AND DISCOVERY PLAN CASE NO. C-05-4979-MMC

Case 3:07-cv-04916-MMC

Document 15

Filed 12/27/2007

Page 4 of 6

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Plaintiff's allegation that she complained about discrimination and that Defendant retaliated against her for doing so. Plaintiff's allegation that Defendant intentionally engaged in discriminatory practices. Plaintiff's allegation that Defendant failed to take all reasonable steps necessary to protect Plaintiff from discrimination. Whether Plaintiff suffered any economic or other injury as a result of the unlawful conduct of Defendant. Whether Plaintiff has mitigated her damages. Plaintiff will seek information about the qualifications and earnings of employees selected for the positions denied to Plaintiff and other comparative information evidencing disparate treatment and/ or retaliation. Should Plaintiff establish a basis for punitive damages, Plaintiff will also seek financial information concerning Defendant. The parties reserve the right to supplement or modify these categories. C. Discovery of Electronically Stored Information

Before any depositions are taken, the parties have agreed to work together to gather an electronic database of emails pertinent to Plaintiff's allegations ("Electronic Data"). To that end, in early January 2008, the parties will meet and confer regarding: (1) the list of custodians whose emails should be included in the data collection; (2) the relevant time periods to be collected for each such custodian; and (3) a list of key words to use to filter the data. Once the parties have agreed on these items, the Electronic Data will be processed and reviewed by Defendant's counsel for relevancy and privilege, and then produced to Plaintiff's counsel. The parties have agreed to produce e-mails and any electronically stored information on a CD in pdf form. Given the anticipated volume of custodians pertinent to Plaintiff's allegations, and the cost of collecting and filtering the corresponding volume of Electronic Data, the parties are currently discussing the possibility of sharing the cost of the Electronic Data collection/production.

2
JOINT REPORT OF THE PARTIES' FRCP RULE 26(F) CONFERENCE AND DISCOVERY PLAN CASE NO. C-05-4979-MMC

Case 3:07-cv-04916-MMC

Document 15

Filed 12/27/2007

Page 5 of 6

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

D.

Depositions and Third-Party Discovery

After the Electronic Data has been produced, Defendant will take Plaintiff's deposition at a mutually agreed upon date. The parties have agreed to extend the maximum duration of Plaintiff's deposition beyond one day of seven hours as permitted by F.R.C.P. 30(d)(2). Defendant may also take other depositions. Upon review of documents produced by Defendant (including the Electronic Data), Plaintiff intends to take the depositions of some of Defendant's managers/employees, after Defendant has taken the deposition of Plaintiff. Plaintiff may also subpoena third parties records and witnesses. In addition, Defendant anticipates issuing third-party subpoenas for production of business records from Plaintiff's current employer, and production of medical records from any physicians from whom Plaintiff has received treatment for the continuing emotional and physical distress alleged in Plaintiff's complaint. Plaintiff may also subpoena third parties records and witnesses. E. Anticipated Privilege/Work Product Issues

At this time, the parties are unaware of any privilege or work product issues with respect to discovery. The parties reserve the right to supplement or modify this section. F. Potential Discovery Disputes

At this time, the parties are unaware of any potential discovery disputes. The parties reserve the right to supplement or modify this section.

[remainder of page intentionally left blank]

3
JOINT REPORT OF THE PARTIES' FRCP RULE 26(F) CONFERENCE AND DISCOVERY PLAN CASE NO. C-05-4979-MMC

Case 3:07-cv-04916-MMC

Document 15

Filed 12/27/2007

Page 6 of 6

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

IV.

PROPOSED SCHEDULING ORDER

The parties have agreed to the proposed pre-trial schedule attached as Exhibit A to the parties' Joint Case Management Conference statement.

Dated: December 27, 2007

LINDA E. SHOSTAK MARY F. HANSBURY MORRISON & FOERSTER LLP

By:

/s/ Mary Ferrer Hansbury

Attorneys for Defendant NOVARTIS PHARMACEUTICALS CORPORATION Dated: December 27, 2007 THOMAS MARC LITTON LITTON & GEONETTA, LLP DAVID SANFORD ANGELA CORRIDAN SANFORD WITTELS & HEISLER LLP GRANT MORRIS LAW OFFICES OF GRANT E. MORRIS

By:

/s/ Thomas Marc Litton

Attorneys for Plaintiff BARBARA SAITO

4
JOINT REPORT OF THE PARTIES' FRCP RULE 26(F) CONFERENCE AND DISCOVERY PLAN CASE NO. C-05-4979-MMC