Dairy America, Inc. v. New York Marine and General Insurance Company et al

Filing 54

JOINT STIPULATION and ORDER TO TAKE DEPOSITION OF CROWLEY MARITIME CORPORATION BY VIDEO CONFERENCE signed by District Judge Lawrence J. O'Neill on April 1, 2009. (Lira, I)

Charles K. Manock Sherrie M. Flynn 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 DAIRYAMERICA, INC., A t t o r n e ys for
F IG G A R D E N F IN A N C IA L C E N T E R

#161633 #240215

B AK E R M AN O C K & J E N S E N , P C
5260 NORTH PALM AVENUE, FOURTH FLOOR

FRESNO, CALIFORNIA 93704-2209 TE L E P H O N E [phone] TE L E C O P IE R [phone]

Plaintiff DAIRYAMERICA, INC.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

) ) Plaintiff, ) ) v. ) ) NEW YORK MARINE AND GENERAL ) INSURANCE COMPANY; CRUMP ) INSURANCE SERVICES d.b.a. SOUTHERN ) MARINE & AVIATION UNDERWRITERS; ) ARTHUR J. GALLAGHER & CO.; and ) HARTFORD CASUALTY INSURANCE ) COMPANY; and DOES 1 through 75 ) ) Defendants. ) ) )

Case No.: 1:07-CV-00537-LJO-SMS JOINT STIPULATION AND [PROPOSED] ORDER TO TAKE DEPOSITION OF CROWLEY MARITIME CORPORATION BY VIDEO CONFERENCE JUDGE: Hon. Lawrence J. O'Neill ACTION FILED: February 16, 2007 TRIAL DATE: April 13, 2009

Pursuant to the Federal Rules of Civil Procedure, Rule 30(b)(4), and Eastern District Local Rules, Rule 83-143, Plaintiff and Defendants by and through their counsel of record, do hereby STIPULATE AND AGREE AS FOLLOWS: 1. Plaintiff may take all or a portion of the deposition of Crowley Maritime

Corporation, currently scheduled to begin on April 20, 2009, at 11:00 a.m. at Balch & Bingham LLP, 1310 Twenty Fifth Avenue, Gulport, Mississippi 39501, by video conference. /// /// ///

J O I N T STIPULATION AND [PROPOSED] ORDER TO TAKE DEPOSITION OF CROW L E Y M A R I T I M E CORPORATION BY VIDEO CONFERENCE

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2. 3.

The court reporter will be in the presence of the deponent. The deposition testimony, and any videotape thereof, may be used at trial or

any other hearing as if the deposition had been taken pursuant to all applicable provisions of the Federal Rules of Civil Procedure, and the local rules of the Eastern District of California, and parties to this action hereby waive any and all defects relating to procedure and notice. 4. The parties hereby agree that video conference is the most economical

method for obtaining the testimony and that this constitutes good cause for taking the deposition in this manner. 5. The parties agree that the deponent or deponents from Crowley Maritime

Corporation are hereby deemed unavailable for trial. All parties that have appeared in this action, through their counsel of record, have signed below, indicating their agreement to this stipulation. DATED: March 31, 2009 BAKER MANOCK & JENSEN, PC

By: /s/ Sherrie M. Flynn Charles K. Manock Sherrie M. Flynn Attorneys for Plaintiff DAIRY AMERICA, INC. DATED: March 30, 2009 WILSON, ELSER, MOSKOWITZ, EDELMAN& DICKER

By: /s/ Michael Bolechowski Michael Bolechowski Attorneys for Defendants NEW YORK MARINE AND GENERAL INSURANCE COMPANY and SOUTHERN MARINE & AVIATION UNDERWRITERS, INC.

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J O I N T STIPULATION AND [PROPOSED] ORDER TO TAKE DEPOSITION OF CROW L E Y M A R I T I M E CORPORATION BY VIDEO CONFERENCE

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DATED: March 30, 2009

SNYDER LAW, A PROFESSIONAL CORPORATION

By: /s/ Barry Clifford Snyder Barry Clifford Snyder Ashley Ann Doris Attorneys for Defendant ARTHUR J. GALLAGHER & CO. DATED: March 31, 2009 CANNON & NELMS

By: /s/ Robert W. Nelms Robert W. Nelms Attorneys for Defendant HARTFORD CASUALTY INSURANCE COMPANY PURSUANT TO THIS STIPULATION, IT IS SO ORDERED. Dated: 66h44d April 1, 2009 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

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J O I N T STIPULATION AND [PROPOSED] ORDER TO TAKE DEPOSITION OF CROW L E Y M A R I T I M E CORPORATION BY VIDEO CONFERENCE