Opinion
Case No. C 11-00381 SI
11-03-2011
COUNTY OF MARIN, Plaintiff, v. DELOITTE CONSULTING LLP, SAP AMERICA INC., SAP PUBLIC SERVICES, INC., and ERNEST W. CULVER, Defendants.
KASOWITZ, BENSON, TORRES & FRIEDMAN LLP Mark P. Ressler Attorneys for County of Marin BINGHAM McCUTCHEN LLP Robert A. Lewis Attorneys for Deloitte Consulting LLP KASOWITZ, BENSON, TORRES & FRIEDMAN LLP Mafrk P. Ressler Attorneys for County of Marin BINGHAM McCUTCHEN LLP Robert A. Lewis Attorneys for Deloitte Consulting LLP
BINGHAM MCCUTCHEN LLP
DELOITTE LLP
Attorneys for Defendant
DELOITTE CONSULTING LLP
KASOWITZ, BENSON, TORRES
& FRIEDMAN LLP
Mark P. Ressler (pro hac vice)
R. Tali Epstein (pro hac vice)
County Counsel
Deputy County Counsel
Attorneys for Plaintiff
COUNTY OF MARIN
STIPULATION AND ORDER
APPOINTING REFEREE
STIPULATION AND ORDER APPOINTING REFEREE
WHEREAS defendant Deloitte Consulting LLP ("Deloitte Consulting") filed a motion to have the claims asserted against it in this action reassigned to a former judicial officer (the "Referee") pursuant to California Code of Civil Procedure Section 638(a) and Sections 17.14(a) & (b) of the Implementation Services Agreement dated March 29, 2005 ("ISA") between plaintiff County of Marin (the "County") and Deloitte Consulting (collectively the "Parties");
WHEREAS the County opposed the motion by Deloitte Consulting;
WHEREAS this Court entered an Order on September 6, 2011 granting the motion of Deloitte Consulting to reassign the claims asserted against it in this action to a Referee pursuant to California Code of Civil Procedure Section 638(a) and Sections 17.14(a) & (b) of the ISA; and
WHEREAS the Parties have stipulated to the appointment of The Honorable John F. Herlihy (Ret.) to serve as the Referee;
IT IS HEREBY ORDERED THAT:
1. The claims asserted against Deloitte Consulting in this action are reassigned to former California Superior Court Judge John F. Herlihy as Referee pursuant to Sections 17.14(a) & (b) of the ISA and California Code of Civil Procedure Section 638(a) to hear and determine all issues in this action involving Deloitte Consulting, whether of fact or of law.SO STIPULATED:
2. The Referee shall issue a written statement of decision including findings of fact and conclusions of law that shall be reported to the court within forty-five (45) calendar days after the matter has been submitted. The decision of the Referee shall stand as the decision of the court, and upon filing of the statement of decision with the clerk of the court, judgment may be entered thereon in the same manner as if the action had been tried by the court. The decision of the Referee may be excepted to and reviewed in like manner as if made by the court.
KASOWITZ, BENSON, TORRES & FRIEDMAN LLP
Mark P. Ressler
Attorneys for County of Marin
BINGHAM McCUTCHEN LLP
Robert A. Lewis
Attorneys for Deloitte Consulting LLP
IT IS SO ORDERED
The Hon. Susan Illston
United States District Court Judge
SO STIPULATED:
KASOWITZ, BENSON, TORRES & FRIEDMAN LLP
Mafrk P. Ressler
Attorneys for County of Marin
BINGHAM McCUTCHEN LLP
Robert A. Lewis
Attorneys for Deloitte Consulting LLP
IT IS SO ORDERED
The Hon. Susan Illston
United States District Court Judge