Pizana v. Sanmedica International LLC

Filing 81

STIPULATION and ORDER RE: FRCP 30(b)(6) DEPOSITIONS. Order signed by Magistrate Judge Sheila K. Oberto on 8/20/2020. (Kusamura, W)

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CLARKSON LAW FIRM, P.C.

9255 Sunset Blvd., Suite 804
Los Angeles, CA 90069

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CLARKSON LAW FIRM, PC
Ryan J. Clarkson (SBN 257074)
[e-mail]
Shireen M. Clarkson (SBN 237882)
[e-mail]
Matthew T. Theriault (SBN 244037)
[e-mail]
Lauren Anderson (SBN 329173)
[e-mail]
9255 Sunset Blvd., Suite 804
Los Angeles, California 90069
Phone: [phone]
Fax: [phone]
TYCKO & ZAVAREEI, LLP
Annick M. Persinger (SBN 272996)
[e-mail]
1970 Broadway, Suite 1070
Oakland, California 94612
Phone: [phone]
Fax: [phone]
Counsel for Plaintiff Raul Pizana

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RAUL PIZANA, individually and on
behalf of all others similarly situated,

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Plaintiff,
vs.
SANMEDICA INTERNATIONAL,
LLC, and DOES 1 through 10,
inclusive,
Defendants.

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Case No. 18-cv-00644-DAD-SKO
CLASS ACTION
Hon. Judge Dale A. Drozd
STIPULATION AND ORDER RE:
FRCP 30(b)(6) DEPOSITIONS

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STIPULATION AND ORDER RE: FRCP 30(b)(6) DEPOSITIONS

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Plaintiff Raul Pizana (“Plaintiff”) and Defendant Sanmedica International, LLC

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(“Defendant”) (collectively, the “Parties”) by and through their respective counsel of

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record, enter into the following stipulation:
RECITALS

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WHEREAS, on June 5, 2020, Plaintiff served a Deposition Notice to Defendant
pursuant to Federal Rule of Civil Procedure 30(b)(6);

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WHEREAS, Defendant notified Plaintiff that it had identified seven (7)

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separate designees of Defendant to serve as Rule 30(b)(6) witnesses—and that its

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position was that Plaintiff is entitled to only seven hours to complete all seven Rule

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30(b)(6) depositions pursuant to Utah local rules;

CLARKSON LAW FIRM, P.C.

9255 Sunset Blvd., Suite 804
Los Angeles, CA 90069

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WHEREAS, on July 27, 2020, Plaintiff advised Defendant the Utah local rules

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do not apply in the Eastern District of California and that Defendant’s position was

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inconsistent with the Rule 30(b)(6) Committee notes, which state “[f]or purposes of

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this durational limit, the deposition of each person designated under Rule 30(b)(6)

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should be considered a separate deposition.” FRCP Rule 30(b)(6) Notes of Advisory

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Committee on 2000 amendments;

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WHEREAS, on July 31, 2020, the Parties further met and conferred pursuant

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to Local Rule 251(b) and could not come to an agreement regarding the duration of

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time for the 30(b)(6) designees;

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WHEREAS, on August 4, 2020, Plaintiff filed a notice of motion and motion

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to compel reasonable time to complete the Rule 30(b)(6) depositions, which is

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scheduled for hearing on August 26, 2020;

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WHEREAS, on August 5, 2020, Plaintiff served an Amended Deposition

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Notice to Defendant pursuant to Federal Rule of Civil Procedure 30(b)(6) scheduled

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to commence on September 8, 2020;

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WHEREAS, on August 13, 2020, Defendant advised Plaintiff that it agrees to

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allow Plaintiff up to 7 hours per 30(b)(6) witness and that the 30(b)(6) depositions

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can commence on September 8, and continuing each day thereafter (excluding the
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STIPULATION AND ORDER RE: FRCP 30(b)(6) DEPOSITIONS

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weekend) through September 16 to account for the number of witnesses Defendant

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anticipates designating;

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WHEREAS, the Parties, having met and conferred, agree to stipulate that
Plaintiff will have up to 7 hours per Rule 30(b)(6) witness;
WHEREAS, the Parties further stipulate that the Rule 30(b)(6) depositions
shall commence on September 8, unless otherwise agreed in writing by the Parties ;
HEREBY STIPULATED by and between the Parties that Plaintiff will have up to 7

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hours per 30(b)(6) witness and that the 30(b)(6) depositions can commence on

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September 8, unless otherwise agreed in writing by the Parties, in lieu of Plaintiff’s

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CLARKSON LAW FIRM, P.C.

NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, IT IS

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9255 Sunset Blvd., Suite 804
Los Angeles, CA 90069

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motion to compel, which will be withdrawn upon the Court’s approval of the

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proposed order herein.

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IT IS SO STIPULATED.

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DATED: August 19, 2020

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CLARKSON LAW FIRM, P.C.
/s/ Shireen M. Clarkson_______
Ryan J. Clarkson, Esq.
Shireen M. Clarkson, Esq.
Matthew T. Theriault, Esq.
Lauren Anderson, Esq.

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TYCKO & ZAVAREEI, LLP
Annick M. Persinger, Esq.

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Attorneys for Plaintiff Raul Pizana and
the Proposed Plaintiff Class

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DATED: August 19, 2020

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THE LAW OFFICE OF JACK
FITZGERALD, PC
By:
/s/ Jack Fitzgerald
Jack Fitzgerald
PRICE PARKINSON & KERR, PLLC
Steven Garff (SBN 268074)
Jason M. Kerr (pro hac vice)
Ronald F. Price (pro hac vice)
David R. Parkinson (pro hac vice)
Christopher Sullivan (pro hac vice)

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Counsel for Defendant SanMedica
International, LLC

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STIPULATION AND ORDER RE: FRCP 30(b)(6) DEPOSITIONS

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ORDER

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Based on the stipulation of the Parties and for good cause shown, IT IS

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HEREBY ORDERED that Plaintiff will have up to 7 hours per 30(b)(6) witness and

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that the 30(b)(6) depositions can commence on September 8, 2020, unless otherwise

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agreed in writing by the Parties.
IT IS FURTHER ORDERED that Plaintiff’s “Motion to Compel Reasonable

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Time to Complete Fed. R. Civ. P. 30(b)(6) Depositions,” (Doc. 79), is deemed

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WITHDRAWN. The hearing on the motion, currently set for August 26, 2020, is

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hereby VACATED.

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CLARKSON LAW FIRM, P.C.

9255 Sunset Blvd., Suite 804
Los Angeles, CA 90069

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IT IS SO ORDERED.
Dated:

August 20, 2020

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND ORDER RE: FRCP 30(b)(6) DEPOSITIONS

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