AMCO Insurance Company v. Abby Farms, Inc.

Filing 40

STIPULATION and ORDER as to Admissibility of Transcripts of Examination Under Oath 39 signed by Magistrate Judge Gary S. Austin on 4/1/2010. (Esteves, C)

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MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

Gordon M. Park, # 072190 Dana B. Denno, # 227971 McCormick, Barstow, Sheppard, Wayte & Carruth LLP P.O. Box 28912 5 River Park Place East Fresno, CA 93720-1501 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff AMCO INSURANCE COMPANY

(SPACE BELOW FOR FILING STAMP ONLY)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

AMCO INSURANCE COMPANY, a Corporation, Plaintiff, v. ABBY FARMS, INC., dba MERCADO DEL VALLE, a California Corporation,, Defendant. ABBY FARMS, INC., a California Corporation, Counterclaimant, v. AMCO INSURANCE COMPANY, a Corporation, ROES 1-20, Counterdefendant.

Case No. 01-08-cv-01684-LJO-GSA STIPULATION AND ORDER AS TO ADMISSIBILITY OF TRANSCRIPTS OF EXAMINATIONS UNDER OATH

IT IS HEREBY STIPULATED AND AGREED by and between the Parties, through their respective counsel of record, as follows: 1. That prior to the instant litigation, Sergey and Julia Ilisirov provided examinations

under oath to Plaintiff/Counterdefendant AMCO Insurance Company relating to the claim arising out of the April 10, 2007 fire at Mercado del Valle operated by Defendant/Counterclaimant Abby
STIPULATION RE EXAMINATIONS UNDER OATH 01-08-CV-01684-LJO-GSA

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MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

Farms, Inc. 2. In order to streamline discovery in this matter, the Parties agree that the certified

stenographic transcript and video recordings of those examinations under oath will be treated as though they were depositions taken in this matter and their use at trial will be governed according to Federal Rule of Civil Procedure 32 and will be admissible at the time for trial in this matter for any permissible use pursuant thereto as well as in connection with Federal Rules of Evidence. Dated: April 1, 2010 JAMES C. HOLLAND ATTORNEY AT LAW

By: /s/ James C. Holland James C. Holland Attorneys for Defendant and Counterclaimant, ABBY FARMS, INC., dba MERCADO DEL VALLE Dated: April 1, 2010 McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP

By: /s/ Gordon M. Park Gordon M. Park Dana B. Denno Attorneys for Plaintiff and Counterdefendant, AMCO INSURANCE COMPANY

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STIPULATION RE EXAMINATIONS UNDER OATH 01-08-CV-01684-LJO-GSA

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MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

AMCO v. ABBY FARMS Case No. 01-08-cv-01684-LJO-GSA ORDER The Court, having considered the stipulation of the parties, and for good cause shown, IT IS HEREBY ORDERED that: The certified stenographic transcript and video recordings of the examinations under oath provided by Sergey and Julia Ilisirov pertaining to the April 10, 2007 fire at Mercado del Valle will be treated as though they were depositions taken in this matter and their use at trial will be governed according to Federal Rule of Civil Procedure 32 and will be admissible at the time for trial in this matter for any permissible use pursuant thereto as well as in connection with Federal Rules of Evidence.

Dated: April 1, 2010

/s/ Gary S. Austin___________________ United States Magistrate Judge

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STIPULATION RE EXAMINATIONS UNDER OATH 01-08-CV-01684-LJO-GSA

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MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

PROOF OF SERVICE I am a resident of the State of California, over the age of eighteen years, and not a party to the within action. My business address is McCormick, Barstow, Sheppard, Wayte & Carruth LLP, 5 River Park Place East, Fresno, California 93720-1501. On April 1, 2010, I served the within documents: STIPULATION RE EXAMINATIONS UNDER OATH BY FAX: by transmitting via facsimile the document(s) listed above to the fax number(s) set forth below on this date before 5:00 p.m. BY PERSONAL DELIVERY: by personally delivering the document(s) listed above to the person(s) at the address(es) set forth below. BY MAIL: by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at Fresno, California addressed as set forth below. BY OVERNIGHT MAIL: by causing document(s) to be picked up by an overnight delivery service company for delivery to the addressee(s) on the next business day. BY ELECTRONIC SUBMISSION: per court order, submitted electronically by Verilaw to be posted to the website and notice given to all parties that the document has been served. James C. Holland Attorney at Law 134 North Conyer Avenue Visalia, CA 93291 Attorney representing: Defendant and Counterclaimant, ABBY FARMS, INC., dba MERCADO DEL VALLE

I am readily familiar with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Executed on April 1, 2010, at Fresno, California. /s/__Della Johnson___________________________ Della Johnson

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STIPULATION RE EXAMINATIONS UNDER OATH 01-08-CV-01684-LJO-GSA