Wilson v. Conair Corporation

Filing 151

ORDER re STIPULATION for Second Deposition of Plaintiff, signed by Magistrate Judge Stanley A. Boone on 5/31/2016. (Kusamura, W)

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BLOOD HURST & O’REARDON, LLP
TIMOTHY G. BLOOD (149343)
LESLIE E. HURST (178432)
THOMAS J. O’REARDON II (247952)
JENNIFER L. MACPHERSON (202021)
701 B Street, Suite 1700
San Diego, CA 92101
Tel: [phone]
619/338-1101 (fax)
[e-mail]
[e-mail]
[e-mail]
[e-mail]

ROSEN ✧ SABA, LLP
Ryan D. Saba (192370)
Momo E. Takahashi (238965)
9350 Wilshire Boulevard, Suite 250
Beverly Hills, CA 90212
Tel: [phone]
310/285-1728 (fax)
[e-mail]
[e-mail]
Attorneys for Defendant

ODENBREIT LAW, APC
KATHERINE J. ODENBREIT (184619)
16835 Algonquin Street, Suite 221
Huntington Beach, CA 92649
Tel: [phone]
[e-mail]

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Attorneys for Plaintiff
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DELIA WILSON, on Behalf of Herself and
All Others Similarly Situated,

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Case No: 1:14-cv-00894-WBS-SAB
CLASS ACTION

Plaintiff,
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ORDER RE STIPULATION FOR SECOND
DEPOSITION OF PLAINTIFF

v.
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CONAIR CORPORATION,
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Defendant.
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Pursuant to Rule 30(a)(2)(A) of the Federal Rules of Civil Procedure, plaintiff Delia
Wilson and defendant Conair Corporation enter into this stipulation regarding the following:
WHEREAS, on February 8, 2016, upon approval of the Court (ECF No. 119), plaintiff
filed a First Amended Class Action Complaint (ECF No. 121).

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WHEREAS, the amended complaint added allegations and claims for personal injury

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and class claims alleging that Conair does not comply with the CPSA. The personal injury

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claims added to the amended complaint include Strict Products Liability: Design/Manufacture

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Defect, Strict Products Liability: Failure to Warn, Negligence, and Negligent Infliction of

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Emotional Distress.

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certification motion.

The CPSA claims are a basis of plaintiff’s Rule 23(b)(2) class

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WHEREAS, on May 20, 2016, the parties stipulated to plaintiff’s voluntary dismissal

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of her claim for Negligent Infliction of Emotional Distress pursuant to Fed. R. Civ. Proc.

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41(a)(1)(A)(ii).

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WHEREAS, plaintiff was previously deposed by Conair on July 16, 2015.

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deposition commenced at 10:07 a.m., and concluded at 3:52 p.m. Several breaks were taken

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during the course of this deposition.

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The

WHEREAS, Conair seeks to depose plaintiff a second time regarding her individual
claims for personal injury and all new allegations that were added to the amended complaint.
WHEREAS, the parties agree that the second deposition will be limited to plaintiff’s
claims for personal injury and all new allegations.
WHEREAS, the parties agree the deposition will not exceed four (4) hours of
testimony time.

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WHEREAS, the parties agree that the second deposition will take place on Monday,

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June 6, 2016, at 9:00 a.m., at the Hotel Indigo Santa Barbara, 121 State Street, Santa Barbara,

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CA 93101, which is subject to modification for good cause and/or upon agreement of the

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parties, without further order of the Court.

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NOW, THEREFORE, IT IS HEREBY STIPULATED, that Conair’s second
deposition of plaintiff will be limited as follows:

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(1)

The scope of the deposition will be limited to plaintiff’s individual claims for

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personal injury and the new class allegations that were added to the First Amended Class

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Action Complaint (ECF No. 121).

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(2)

The deposition will take place on June 6, 2016, at 9:00 a.m., at the Hotel Indigo

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Santa Barbara, 121 State Street, Santa Barbara, CA 93101, which is subject to modification for

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good cause and/or upon agreement of the parties, without further order of the Court and will be

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limited to four (4) hours of testimony time.

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IT SO STIPULATED.

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BLOOD HURST & O’REARDON, LLP
TIMOTHY G. BLOOD (149343)
LESLIE E. HURST (178432)
THOMAS J. O’REARDON II (247952)
JENNIFER L. MACPHERSON (202021))

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By:

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Dated: May 31, 2016

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701 B Street, Suite 1700
San Diego, CA 92101
Tel: [phone]
619/338-1101 (fax)
[e-mail]
[e-mail]
[e-mail]
[e-mail]

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ODENBREIT LAW, APC
KATHERINE J. ODENBREIT (184619)
16835 Algonquin Street, Suite 221
Huntington Beach, CA 92649
Tel: [phone]
[e-mail]

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Attorneys for Plaintiff

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s/ Jennifer L. MacPherson
JENNFER L. MACPHERSON

Dated: May 31, 2016

ROSEN ✧SABA, LLP
RYAN D. SABA (192370)
MOMO E. TAKAHASHI (238965)
By:

s/ Ryan D. Saba
RYAN D. SABA

9350 Wilshire Boulevard, Suite 250

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Beverly Hills, CA 90212
Tel: [phone]
310/285-1728 (fax)
[e-mail]
[e-mail]

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Attorneys for Defendant

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ORDER

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IT IS HEREBY ORDERED that, having reviewed the Stipulation and Proposed Order

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Governing a Second Deposition of Plaintiff, the parties’ Stipulation shall become the order of

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the Court.

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IT IS SO ORDERED.

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Dated:

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May 31, 2016
UNITED STATES MAGISTRATE JUDGE