Rodriguez v. County of Stanislaus, et al.

Filing 174

STIPULATION and ORDER Shortening Time to Hear Defendants National Railroad Passenger Corporation, BNSF Railway Company and State of California, Department of Transporation's Motion to Compel Production of Inspection Video and Documents Relating Decedent's Attendance at Modesto Junior College, and Deposition of CPS Security Solutions, Inc. signed by Magistrate Judge Gary S. Austin on 7/16/2010. Motion Hearing set for 8/6/2010 at 09:30 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin. (Esteves, C)

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LOMBARDI, LOPER & CONANT, LLP

B. CLYDE HUTCHINSON, State Bar No. 037526 [e-mail] VINCENT CASTILLO, State Bar No. 209298 [e-mail] JASON B. SHANE, State Bar No. 253908 [e-mail] LOMBARDI, LOPER & CONANT, LLP Lake Merritt Plaza 1999 Harrison Street, Suite 2600 Oakland, CA 94612-3541 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants NATIONAL RAILROAD PASSENGER CORPORATION (erroneously sued herein as AMTRAK CALIFORNIA), BNSF RAILWAY COMPANY (erroneously sued herein as BURLINGTON NORTHERN SANTA FE RAILWAY), and STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ­ FRESNO DIVISION

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LUCIO CORRAL RODRIGUEZ, individually and as Successor in Interest to the decedents, MARICRUZ CORRAL, IVAN ALEXANDER CORRAL, and LUCIO ANTHONY CORRAL, Plaintiffs, v. COUNTY OF STANISLAUS; CITY OF MODESTO; CITY OF RIVERBANK; STATE OF CALIFORNIA; AMTRAK CALIFORNIA; BURLINGTON NORTHERN SANTA FE RAILWAY; and DOES 1 to 200, Defendants. AND ALL RELATED ACTIONS.

Case No. 1:08-cv-00856 OWW GSA STIPULATION SHORTENING TIME TO HEAR DEFENDANTS NATIONAL RAILROAD PASSENGER CORPORATION, BNSF RAILWAY COMPANY AND STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION'S MOTION TO COMPEL PRODUCTION OF INSPECTION VIDEO AND DOCUMENTS RELATING DECEDENT'S ATTENDANCE AT MODESTO JUNIOR COLLEGE, AND DEPOSITION OF CPS SECURITY SOLUTIONS, INC. [PROPOSED] ORDER

IT IS HEREBY STIPULATED by and between Defendants National Railroad Passenger Corporation, BNSF Railway Company and State of California, Department of Transportation
13249-36853 JBS 585889.1

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Case No. 1:08-cv-00856 OWW GSA

STIPULATION SHORTENING TIME TO HEAR MOTION TO COMPEL; [PROPOSED] ORDER

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LOMBARDI, LOPER & CONANT, LLP

(collectively "Defendants") and Plaintiff Lucio Corral Rodriguez ("Plaintiff"), by and through their counsel of record, that Defendants' Motion To Compel Production Of Inspection Video And Documents Relating Decedent's Attendance At Modesto Junior College, And Deposition Of CPS Security Solutions, Inc. may be heard on shortened time pursuant to Local Rule 144(e). This stipulation is made because expert discovery presently closes on July 30, 2010. IT IS HEREBY FURTHER STIPULATED that the nonmoving parties will have at least seven (7) calendar days to file any opposition to the Motion to Compel. IT IS HEREBY FURTHER STIPULATED that, in the interest of having the Motion to Compel heard at the Court's earliest convenience, Defendants waive their right to file a written reply in support of the Motion but reserve their right to orally reply at the motion hearing to be set by the Court. Dated: July 15, 2010 CARCIONE, CATTERMOLE, ET AL.

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By:

/s/ Aaron B. Markowitz JOSEPH W. CARCIONE AARON B. MARKOWITZ Attorneys for Plaintiff LUCIO CORRAL RODRIGUEZ

Dated: July 15, 2010

LOMBARDI, LOPER & CONANT, LLP

By:

/s/ Jason B. Shane B. CLYDE HUTCHINSON VINCENT CASTILLO JASON B. SHANE Attorneys for Defendants NATIONAL RAILROAD PASSENGER CORPORATION, BNSF RAILWAY COMPANY and STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION

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13249-36853 JBS 585889.1

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Case No. 1:08-cv-00856 OWW GSA

STIPULATION SHORTENING TIME TO HEAR MOTION TO COMPEL; [PROPOSED] ORDER

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LOMBARDI, LOPER & CONANT, LLP

ORDER The stipulation is ADOPTED IN PART. IT IS HEREBY ORDERED that Defendants National Railroad Passenger Corporation, BNSF Railway Company and State of California, Department of Transportation's Motion To Compel Production Of Inspection Video And Documents Relating Decedent's Attendance At Modesto Junior College, And Deposition Of CPS Security Solutions, Inc. will be heard at the Court's earliest convenience. Therefore, the Motion will be heard on August 6, 2010, 9:30 a.m. in Department 10 of the above-entitled court. The parties are directed to file a Joint Statement re Discovery Disagreement pursuant to Local Rule 251(c); an exception pursuant to subdivision (e) of that rule does not apply. The parties shall file the Joint Statement no later than July 30, 2010. The Court acknowledges that expert discovery closes on July 30, 2010 (Doc. 161), nevertheless, any order affecting the expert discovery deadline, regarding the issues outlined above only, will be made nunc pro tunc as necessary. IT IS SO ORDERED. DATED: July 16, 2010 /s/ Gary S. Austin HON. GARY S. AUSTIN UNITED STATES MAGISTRATE JUDGE

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13249-36853 JBS 585889.1

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Case No. 1:08-cv-00856 OWW GSA

STIPULATION SHORTENING TIME TO HEAR MOTION TO COMPEL; [PROPOSED] ORDER