Paula Gordon v. Nexstar Broadcasting, Inc., et al.

Filing 83

STIPULATION and ORDER 82 to Serve Alyssa Duran with Deposition Subpoena by First Class Mail, signed by Magistrate Judge Jennifer L. Thurston on 3/25/2019. (Hall, S)

1
2
3
4
5
6
7
8
9
10
11
12
13
14

Dylan B. Carp (State Bar No. 196846)
Angel R. Sevilla (State Bar No. 239072)
Stephanie T. Yang (State Bar No. 280006)
JACKSON LEWIS P.C.
50 California Street, 9th Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant
NEXSTAR BROADCASTING, INC.,
Victor L. George
Wayne C. Smith
LAW OFFICES OF VICTOR L. GEORGE
20355 Hawthorne Blvd., First Floor
Torrance, CA 90503
Tel. [phone]
Fax [phone]
[e-mail]
Attorneys for Plaintiff
PAULA GORDON

18

Todd B. Scherwin
Cheryl L. Schreck
Fisher & Phillips LLP
444 S Flower Street, Suite 1500
Los Angeles, Ca 90071
Tel. [phone]
Fax [phone]
Email: [e-mail]
[e-mail]

19

Attorneys for Defendant Erik Mendoza

15
16
17

20
21
22
23
24
25
26
27
28

1
AMENDED JOINT STIP AND [PROPOSED] ORDER TO SERVE ALYSSA DURAN WITH
DEPOSITION SUBPOENA BY FIRST CLASS MAIL Case No. 1:18-cv-00007 (DAD) (JLT)
FPDOCS 35182475.1

1

UNITED STATES DISTRICT COURT

2

EASTERN DISTRICT OF CALIFORNIA

3
4

PAULA GORDON, an individual,

5

Plaintiff,

6
7
8
9
10
11

v.
NEXSTAR BROADCASTING, INC.
a business entity, form unknown;
KGET-TV 17, a business entity, form
unknown; The CW NETWORK, LLC, a
business entity, form unknown;
TELEMUNDO 17.3, a business
entity, form unknown; ERIK
MENDOZA, an individual; and DOES
1 through 100, inclusive

12

Defendants.

13
14

Case No. 1:18-cv-00007 (DAD) (JLT)

AMENDED JOINT
STIPULATION
AND [PROPOSED] ORDER TO
SERVE ALYSSA DURAN WITH
DEPOSITION SUBPOENA BY
FIRST CLASS MAIL

State Complaint Filed: 09/22/17
Removal Filed: 10/31/17
Trial Date: 01/07/20

TO THE HONORABLE COURT:

15

WHEREAS on February 20, 2019, the Court extended the fact discovery

16

deadline of February 15, 2019 to April 30, 2019, solely to allow Defendants Nexstar

17

Broadcasting, Inc. and Erik Mendoza (“Defendants”) the opportunity to take the

18

deposition of and cross examine third party witness Alyssa Duran who had been

19

evading Defendants attempts to serve her with a deposition subpoena prior to the

20

February 15 discovery completion deadline. (ECF #80).

21

WHEREAS since the Court extended the fact discovery deadline for purposes

22

of taking Ms. Duran’s deposition, Defendants have continued to make exhaustive

23

and diligent attempts to serve Ms. Duran with a deposition subpoena in order to take

24

her deposition.
WHEREAS despite repeated efforts to serve her, Ms. Duran has continued to

25
26

evade Defendants’ attempts to personally serve her with a deposition subpoena.

27

///

28

2
AMENDED JOINT STIP AND [PROPOSED] ORDER TO SERVE ALYSSA DURAN WITH
DEPOSITION SUBPOENA BY FIRST CLASS MAIL Case No. 1:18-cv-00007 (DAD) (JLT)
FPDOCS 35182475.1

1

IT IS HEREBY STIPULATED AND AGREED by Plaintiff Paula Gordon,

2

and Defendants, through their respective counsel, that Ms. Duran may be served with

3

a deposition subpoena with a command to produce documents, by first class mail

4

under Rule 45(b) of the Federal Rules of Civil Procedure, subject to the Court’s

5

approval.

6

If ordered by the Court, the deposition subpoena with a command to produce

7

documents that is served by mail will have the same force and effect to compel Ms.

8

Duran’s attendance at deposition and to produce documents as if Defendants

9

personally served the subpoena on Ms. Duran.

10

IT IS SO STIPULATED.

11
12

Dated: March 25, 2019

JACKSON LEWIS P.C.

13
14

By:

15
16
17

/s/Angel R. Sevilla
Dylan B. Carp
Angel R. Sevilla
Stephanie T. Yang
Attorneys for Defendant
NEXSTAR BROADCASTING, INC

18

Dated: March 25, 2019

LAW OFFICES OF VICTOR L. GEORGE

19
20

By:
21
22
23
24

/s/Wayne C. Smith
Victor L. George
Wayne C. Smith
Attorneys for Plaintiff
PAULA GORDON

Counsel for Plaintiff, Wayne C.Smith,
authorized submission of his e-signature on
this document in writing, by e-mail dated
March 25, 2019; 11:20 A.M.

25
26
27
28

3
AMENDED JOINT STIP AND [PROPOSED] ORDER TO SERVE ALYSSA DURAN WITH
DEPOSITION SUBPOENA BY FIRST CLASS MAIL Case No. 1:18-cv-00007 (DAD) (JLT)
FPDOCS 35182475.1

1

Dated: March 25, 2019

FISHER & PHILLIPS LLP

2

By:

3
4
5

/s/Cheryl Schreck
Cheryl Schreck
Attorneys for Defendant
ERIK MENDOZA

Counsel for Defendant, Cheryl Schreck,
authorized submission of his e-signature on
this document in writing, by e-mail dated
March 25, 2019;10:35 A.M.

6
7
8
9
10
11

IT IS SO ORDERED.
Dated:

March 25, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

4
AMENDED JOINT STIP AND [PROPOSED] ORDER TO SERVE ALYSSA DURAN WITH
DEPOSITION SUBPOENA BY FIRST CLASS MAIL Case No. 1:18-cv-00007 (DAD) (JLT)
FPDOCS 35182475.1