Hall et al v. Mims et al

Filing 50

STIPULATION for Leave of Court for Defendants to Take Depositions of Plaintiffs; ORDER, signed by Magistrate Judge Barbara A. McAuliffe on 11/5/2012. (Herman, H)

1 McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
2 Michael G. Woods, #58683
[e-mail]
3 Adam B. Stirrup, #257683
[e-mail]
4 5 River Park Place East
Fresno, California 93720-1501
5 Telephone:
[phone]
Facsimile:
[phone]
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Attorneys for Defendants MARGARET MIMS,
7 Sheriff, Fresno County; EDWARD MORENO,
M.D., Director, Fresno County Department of
8 Public Health; GEORGE LAIRD, Ph.D., Division
Manager, Division of Correctional Health, Fresno
9 County Department of Public Health; PRATAP
NARAYEN, M.D., Medical Director, Division of
10 Correctional Health, Fresno County Department
of Public Health; RICK HILL, Captain of
11 Detention, Fresno County Sheriff’s Office;
MARILYN WELDON, Captain of Inmate
12 Programs and Contracts, Fresno County Sheriff’s
Office
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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QUENTIN HALL, SHAWN GONZALES,
Case No. 1:11-CV-02047-LJO-BAM
16 SHARON CHAVEZ, ROBERT
MERRYMAN, DAWN SINGH, CARLTON
STIPULATION FOR LEAVE OF COURT
17 FIELDS, and BRIAN MURPHY on behalf of
FOR DEFENDANTS TO TAKE
themselves and all others similarly situated,
DEPOSITIONS OF PLAINTIFFS
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Plaintiffs,
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v.
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MARGARET MIMS, Sheriff, Fresno County;
21 EDWARD MORENO, M.D., Director, Fresno
County Department of Public Health;
22 GEORGE LAIRD, Ph.D., Division Manager,
Division of Correctional Health, Fresno
23 County Department of Public Health;
PRATAP NARAYEN, M.D., Medical
24 Director, Division of Correctional Health,
Fresno County Department of Public Health;
25 RICK HILL, Captain of Detention, Fresno
County Sheriff’s Office; MARILYNN
26 WELDON, Captain of Inmate Programs and
Contracts, Fresno County Sheriff’s Office,
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Defendants.
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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
5 RIVER PARK PLACE EAST
FRESNO, CA 93720-1501

STIPULATION FOR LEAVE OF COURT FOR DEFENDANTS TO TAKE DEPOSITIONS OF PLAINTIFFS

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STIPULATION
It is hereby stipulated between Plaintiffs and Defendants, by and through their respective

3 counsel, as follows:
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1.

Pursuant to Federal Rule of Civil Procedure Rule 30(a)(2)(B), Defendants seek leave of

5 court to take the depositions of the following:
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a.

Plaintiff QUENTIN HALL;

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b.

Plaintiff SHAWN GONZALES;

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c.

Plaintiff ROBERT MERRYMAN;

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d.

Plaintiff DAWN SINGH;

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e.

Plaintiff CARLTON FIELDS; and

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f.

Plaintiff BRIAN MURPHY.

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2.

The above-mentioned depositions of Plaintiffs may proceed regarding issues of class

13 certification as set forth herein pursuant to Federal Rule of Civil Procedure Rule 30.
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3.

The information regarding issues of class certification sought through the above-

15 mentioned depositions of Plaintiffs is not cumulative, duplicative, nor obtainable through other means.
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4.

Plaintiffs QUENTIN HALL, SHAWN GONZALES, DAWN SINGH and CARLTON

17 FIELDS currently reside in the Fresno County Jail in Fresno, California.
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5.

The deposition of Plaintiff QUENTIN HALL shall take place in the Fresno County Jail

19 on November 6, 2012 at 9:00 a.m. Mr. Hall will not be shackled or belly chained during his
20 deposition. There will not be a correctional officer present in the room during his deposition.
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6.

The deposition of Plaintiff DAWN SINGH shall take place in the Fresno County Jail

22 on November 7, 2012 at 9:00 a.m. Ms. Singh will not be shackled or belly chained during her
23 deposition. There will not be a correctional officer present in the room during her deposition.
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7.

The deposition of Plaintiff CARLTON FIELDS shall take place in the Fresno County

25 Jail on November 8, 2012 at 9:00 a.m. At the time of this stipulation, Mr. Fields has been released
26 from high security lock down, and will not be shackled or belly chained during his deposition unless
27 his classification status changes. There will not be a correctional officer present in the room during
28 his deposition.
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
5 RIVER PARK PLACE EAST
FRESNO, CA 93720-1501

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STIPULATION FOR LEAVE OF COURT FOR DEFENDANTS TO TAKE DEPOSITIONS OF PLAINTIFFS

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8.

The parties agree to meet and confer and coordinate the deposition of Plaintiff

2 SHAWN GONZALES in good faith. The deposition of Mr. Gonzales will take place in the Fresno
3 County Jail at a date and time that is mutually convenient for the parties. Mr. Gonzales will not be
4 shackled or belly chained during his deposition. There will not be a correctional officer present in the
5 room during his deposition.
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9.

Plaintiff ROBERT MERRYMAN currently resides in the Richard J. Donovan

7 Correctional Facility in San Diego, California in the custody of the California Department of
8 Corrections & Rehabilitation. Defendants shall make all necessary arrangements with the California
9 Department of Corrections & Rehabilitation and prison officials and bear any expenses incidental
10 thereto. The parties will comply with any reasonable conditions imposed by California Department of
11 Corrections & Rehabilitation and prison officials related to Mr. Merryman’s deposition. The parties
12 agree to meet and confer and coordinate Mr. Merryman’s deposition in good faith. The deposition of
13 Mr. Merryman will take place in the Richard J. Donovan Correctional Facility at a date and time that
14 is mutually convenient for the parties.
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10.

Plaintiff BRIAN MURPHY currently resides in the Lerdo Max-Med Security Facility

16 in Bakersfield, California in the custody of the Federal Bureau of Prisons. Defendants shall make all
17 necessary arrangements with the Federal Bureau of Prisons and prison officials and bear any expenses
18 incidental thereto. The parties will comply with any reasonable conditions imposed by Federal
19 Bureau of Prisons and prison officials related to Mr. Murphy’s deposition. The parties agree to meet
20 and confer and coordinate Mr. Murphy’s deposition in good faith. The deposition of Mr. Murphy will
21 take place in the Lerdo Max-Med Security Facility at a date and time that is mutually convenient for
22 the parties.
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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
5 RIVER PARK PLACE EAST
FRESNO, CA 93720-1501

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STIPULATION FOR LEAVE OF COURT FOR DEFENDANTS TO TAKE DEPOSITIONS OF PLAINTIFFS

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IT IS SO STIPULATED.

2 Dated: November 1, 2012

McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

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By:

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Dated: November 1, 2012

/s/ Adam B. Stirrup
Michael G. Woods
Adam B. Stirrup
Attorneys for Defendants
PRISON LAW OFFICE

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/s/ Donald Specter
By: (as authorized on November 1, 2012)
Donald Specter
Kelly Knapp
Attorneys for Plaitniffs

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Dated: November 1, 2012

COOLEY LLP

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/s/ Maureen P. Alger
By: (as authorized on November 1, 2012)
Maureen P. Alger
Monique R. Sherman
Mary Kathryn Kelley
Shannon Sorrells
Attorneys for Plaintiffs

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Dated: November 1, 2012

DISABILITY RIGHTS CALIFORNIA

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/s/ Melinda Bird
(as authorized on November 1, 2012)
By:
Melinda Bird
Monisha Coelho
Agnes Williams
Attorneys for Plaintiffs

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

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STIPULATION FOR LEAVE OF COURT FOR DEFENDANTS TO TAKE DEPOSITIONS OF PLAINTIFFS

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ORDER
The Parties’ Stipulation is approved.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

November 5, 2012

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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

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STIPULATION FOR LEAVE OF COURT FOR DEFENDANTS TO TAKE DEPOSITIONS OF PLAINTIFFS