Martinez et al v. City of Fresno et al

Filing 206

ORDER re 203 Stipulation and Order to the United States Navy, United States Marine Corps, Signed by Judge Oliver W. Wanger on 4/17/2009. (Arellano, S.)

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 ROGER A. DREYER, ESQ. / SBN: 095462 CHARLES M. BARRETT / SBN: 094800 DREYER BABICH BUCCOLA CALLAHAM & WOOD, LLP 20 Bicentennial Circle Sacramento, CA 95826 Telephone: [phone] Facsimile: (916) 3793599 Attorneys for Plaintiffs, LUPE E. MARTINEZ, GEORGE RENDON and PRISCILLA RENDON UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA Lead Case No.: 1:06 CV 00233 OWWGSA LUPE E. MARTINEZ and RALPH C. RENDON, (Consolidated with Case No.: 1:06 CV 01851) Plaintiffs, STIPULATION AND ORDER TO THE UNITED STATES NAVY, UNITED STATES MARINE v. CORPS CITY OF FRESNO; JERRY DYER, CHIEF OF THE FRESNO POLICE DEPARTMENT; SGT. MICHAEL MANFREDI; OFFICER MARCUS K. TAFOYA; OFFICER BELINDA ANAYA, and DOES 120, in their individual and official capacities, Inclusive. Defendants. IT IS HEREBY STIPULATED by and between the parties, through their respective counsel of record, as follows: Defendant CITY OF FRESNO and Plaintiffs LUPE E. MARTINEZ, GEORGE RENDON and

PRISCILLA RENDON have previously attempted to have the United States Marine Corps produce witnesses and the parties have received conflicting information from that agency as to whether or not they require an Order from the Court. The parties to this stipulation therefore agree that the information sought is discoverable, and that this Court may issue an Order compelling the United State Marine Corps as follows: /// 1
Stipulation and [Proposed] Order

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Stipulation and [Proposed] Order

1.

Requiring the United States Navy, Office of the Judge Advocate General, acting on behalf of the United States Marine Corps to produce the officer, noncommissioned officer, director, managing agent, employee, or agent most qualified from U.S. Navy (USMC) regarding George Rendon's applications for reenlistment in December, 2007 and April, 2009, and the impact, if any, of pending charges in civilian Court on either the reenlistment or enlistment applications, for deposition in this matter.

DATED: April 17, 2009 DATED: April 17, 2009

DREYER BABICH BUCCOLA CALLAHAM & WOOD, LLP By: /s/ Charles M. Barrett CHARLES M. BARRETT Attorneys for Plaintiffs, LUPE MARTINEZ, GEORGE RENDON and PRISCILLA RENDON LYNBERG & WAKTINS By: /s/ Matthew Harrison DANA ALDEN FOX MATTHEW HARRISON Attorneys for Defendants, MICHAEL MANFREDI and MARCUS K. TAFOYA KAPETAN BROTHERS By: /s/ Peter Nicholas Kapetan PETER NICHOLAS KAPETAN Attorneys for Plaintiffs, RALPH C. RENDON, ALFRED HERNANDEZ, CLAUDIA RENDON, JOHN NUNEZ, JR., LAWRENCE RENDON, RICHARDO RENDON and VIVIAN C E N T E N O PORTER SCOTT By: /s/ John Whitefleet JOHN WHITEFLEET Attorneys for Defendants, CITY OF FRESNO, BELINDA ANAYA and JERRY DYER

DATED: April 17, 2009

DATED: April 17, 2009

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Stipulation and [Proposed] Order

ORDER Based upon the stipulation of the parties, and good cause appearing, therefor: IT IS HEREBY ORDERED that the United States Navy, Office of the Judge Advocate

General, acting on behalf of the United States Marine Corps shall produce for deposition: 1. The officer, noncommissioned officer, director, managing agent, employee, or agent most qualified from U.S. Navy (USMC) regarding George Rendon's applications for reenlistment in December, 2007 and April, 2009, and the impact, if any, of pending charges in civilian Court on either the reenlistment or enlistment applications. Dated: 4/17/2009 /s/ OLIVER W. WANGER The Honorable Oliver W. Wanger United States District Court Judge