Mendez Garcia v. City of Madera et al

Filing 68

Stipulation and Order Re: Defendant's Percipient Witnesses, signed by Magistrate Judge Michael J. Seng on 11/06/2015. (Yu, L)

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Gregory L. Myers, #95743
LAW OFFICES OF GREGORY L. MYERS
1500 W. Shaw Ave., Suite 204
Fresno, California 93711
Tel: [phone]
Fax: [phone]
[e-mail]

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Attorney for Defendants, CITY OF MADERA, OFFICER JOSH CHAVEZ
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IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF CALIFORNIA – FRESNO DIVISION

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)
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Plaintiff,
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vs.
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CITY OF MADERA, CITY OF MADERA )
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POLICE DEPARTMENT, MADERA
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POLICE OFFICER JOSH CHAVEZ,
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et al.,
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Defendants.
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VICTORIANO MENDEZ GARCIA,

CASE NO.: 1:13-CV-01793 MJS

STIPULATION AND ORDER RE:
DEFENDANTS’ PERCIPIENT
WITNESSES

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IT IS HEREBY STIPULATED by and between the parties as follows:
It is agreed that statements of Victorino Mendez Garcia, Maria Garcia, and Maria Lopez
were recorded on the day of the incident in question.
It agreed that the witnesses were questioned by Madera Police Sergeant Gino

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Chiaramonte. The questions that were posed and the responses that were given by the above

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persons were translated from English to Spanish and Spanish to English by Madera Police

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Officer Pal. The statements were recorded.
Stipulation and Order

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The recorded statements were reviewed and translated by Anna Watrous, who is a

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Certified Interpreter/Translator certified to interpret/translate in the U.S. District Courts and

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certified by the CA Judicial Council, ID No. 01432580.
Transcriptions prepared by Ms. Watrous have been reviewed by the parties, who agree

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that the transcripts accurately reflect the statements that were recorded on the night of the

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incident and meet the evidentiary prerequisites of Federal Rules of Evidence, Rule 901 (a) and

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(b)(1).

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The parties also agree that the transcriptions which are marked as Exhibits D-F, D-G, and
D-H meet the prerequisites of Rule 901, but that additional foundation will be required to show

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the statements or portions thereof are relevant as defined by Federal Rules of Evidence, Rule 401

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before the statements or portions thereof are admissible as evidence at trial.

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IT IS SO STIPULATED.
DATED: November 5, 2015.

LAW OFFICES OF GREGORY L. MYERS

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/s/ Gregory L. Myers
By:__________________________________
GREGORY L. MYERS
Attorney for Defendants, CITY OF
MADERA, OFFICER JOSH CHAVEZ

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DATED: November 5, 2015.

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/s/ Benjamin E. Hall
By:_____________________________________
BENJAMIN E. HALL
Assistant U.S. Attorney
Attorney for Defendant
United States of America

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BENJAMIN B. WAGNER
United States Attorney

DATED: November 5, 2015.
/s/ Lazaro Salazar
By:_____________________________________
LAZARO SALAZAR
Attorney for Plaintiff
Stipulation and Order

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ORDER

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Based upon the Stipulation of the parties and good cause having been found, IT IS
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HEREBY ORDERED that the transcribed statements of Victorino Mendez Garcia (Exhibit D-F),

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Maria Lopez (Exhibit D-G), and Maria Garcia (Exhibit D-H), meet the requirements of Federal

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Rules of Evidence, Rule 901. The parties will have to show additional foundation to establish the

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relevance of any such statement or portion thereof before admissibility will be considered by the

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Court.

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IT IS SO ORDERED.

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Dated:

November 6, 2015

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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Stipulation and Order

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