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

Filing 97

ORDER REGARDING 95 Witness Alyssa Duran, signed by Magistrate Judge Jennifer L. Thurston on 5/9/2019. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PAULA GORDON, an individual,

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Case No. 1:18-cv-00007 (DAD) (JLT)
[PROPOSED] ORDER REGARDING
WITNESS ALYSSA DURAN

Plaintiff,
v.

(Doc. 95)
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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
Defendants.

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TO THE HONORABLE COURT:

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WHEREAS third party witness, Alyssa Duran, evaded Defendants Nexstar Broadcasting,

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Inc. and Erik Mendoza’s (“Defendants”) attempts to serve her with a deposition subpoena prior to

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the February 15, 2019 discovery completion deadline.

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WHEREAS on February 20, 2019, the Court extended the fact discovery deadline to April
30, 2019, solely to allow Defendants the opportunity to take Duran’s deposition. (ECF #80).

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WHEREAS after the Court extended the fact discovery deadline to allow Defendants

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additional time to depose Duran, Defendants continued to make exhaustive and diligent attempts

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to serve Duran with a deposition subpoena in order to take her deposition.

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WHEREAS Duran continued to evade Defendants’ attempts to personally serve her with a

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deposition subpoena.
WHEREAS the Court subsequently granted the Parties’ stipulation to serve Duran a

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deposition subpoena by mail (ECF #83).

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WHEREAS Duran was served by mail for a deposition appearance to take place on April
26, 2019.

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WHEREAS Duran failed to appear at her deposition on the date set forth in the subpoena
on April 26, 2019.

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IT IS HEREBY STIPULATED AND AGREED by Plaintiff Paula Gordon, and Defendants,

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through their respective counsel, as follows:

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(1)

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The fact discovery deadline will remain open indefinitely solely for the parties to take the
deposition of Duran before trial.

(2)

Should Plaintiff’s counsel serve Duran with a trial subpoena before the trial date of January

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7, 2020, in the event the Court finds Duran’s testimony to be admissible at trial, such trial

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subpoena must be accompanied by a deposition subpoena for Defendants to take Duran’s

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deposition no later than nine (9) days before the date set forth in the trial subpoena.

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(3)

Should Plaintiff’s counsel serve Duran with a trial subpoena during trial, in the event the

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Court finds Duran’s testimony to be admissible at trial, such trial subpoena must be

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accompanied by a deposition subpoena for Defendants to take Duran’s deposition at least

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two (2) days before Duran testifies at trial.

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(4)

Duran shall not testify at trial until Defendants have had the opportunity to depose Duran.

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(5)

Should Ms. Duran fail to comply with said subpoenas, any party shall have an opportunity

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to file the appropriate pre-trial motions to seek the appropriate remedies available to the

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Parties.

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IT IS SO STIPULATED.

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Dated: May 8, 2019

JACKSON LEWIS P.C.

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By:
Dylan B. Carp
Angel R. Sevilla
Stephanie T. Yang
Attorneys for Defendant
NEXSTAR BROADCASTING, IN

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Dated: May 8, 2019

LAW OFFICES OF VICTOR L. GEORGE

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By:

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

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Counsel for Plaintiff, Wayne C. Smith, authorized
submission of his e-signature on this document in
writing, by e-mail dated May 8, 2019, 4:43 p.m.

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Dated: May 8, 2019

FISHER & PHILLIPS LLP

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By:

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

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Counsel for Defendant, Cheryl Schreck, authorized
submission of his e-signature on this document in
writing, by e-mail dated May 8, 2019, 11:45 a.m.

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IT IS SO ORDERED.

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Dated:
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May 9, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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