Ameripride Svc Inc v. Valley Industrial, et al
Filing
1058
STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 8/10/16. The parties stipulation regarding the use of deposition testimony at trial (ECF No. 1057 ) is hereby adopted as an order of this Court.(Mena-Sanchez, L)
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PHILIP C. HUNSUCKER (SBN 135860)
BRIAN L. ZAGON (SBN 142403)
MARC SHAPP (SBN 266805)
HUNSUCKER GOODSTEIN PC
3717 Mt. Diablo Blvd., Suite 200
Lafayette, CA 94549
Telephone: (925) 284-0840
Facsimile:
(925) 284-0870
LEE N. SMITH (SBN 138071)
PERKINS, MANN & EVERETT, APC
7815 N. Palm Ave, Suite 200
Fresno, CA 93711
Telephone: (559) 447-5700
Facsimile:
(559) 447-5600
Attorneys for Plaintiff
AMERIPRIDE SERVICES INC.
FRED M. BLUM, ESQ. (SBN 101586)
ERIN K. POPPLER, ESQ. (SBN 267724)
VIVY D. DANG, ESQ. (SBN 297714)
BASSI, EDLIN, HUIE & BLUM LLP
500 Washington Street, Suite 700
San Francisco, CA 94111
Telephone: (415) 397-9006
Facsimile:
(415) 397-1339
Attorneys for Defendant
TEXAS EASTERN OVERSEAS, INC.
[Additional Attorneys Listed on Signature Page]
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
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AMERIPRIDE SERVICES INC., a
Delaware corporation,
Plaintiff,
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vs.
VALLEY INDUSTRIAL SERVICES, INC.,
a former California Corporation, et al.
Defendants.
Case No. CIV. 2-00-113 MCE-DB
STIPULATION AND ORDER
REGARDING PROCEDURE FOR
SUBMITTING DEPOSITION TESTIMONY
AT TRIAL
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Trial Date: October 17, 2016
Complaint Filed: January 20, 2000
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AND CONSOLIDATED ACTION AND
CROSS AND COUNTER-CLAIMS.
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STIPULATION AND ORDER REGARDING PROCEDURE FOR SUBMITTING DEPOSITION TESTIMONY
AT TRIAL
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Plaintiff AMERIPRIDE SERVICES INC. (“AmeriPride”) and Defendant TEXAS
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EASTERN OVERSEAS, INC. (“TEO”), by and through their respective counsel, stipulate
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with respect to the procedure for submitting deposition testimony at trial, as follows:
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RECITALS
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1.
Following remand from the Ninth Circuit Court of Appeals, the Court issued
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its July 20, 2015 Pretrial Scheduling Order (“Order”). Dkt. 988.1 The Court subsequently
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issued a Minute Order continuing the trial date and deadlines for pretrial submissions
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(“Minute Order”). Dkt. 1024.
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2.
Pursuant to the Order and the Minute Order, the Court has set a one (1) day
bench trial for Monday, October 17, 2016.
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3.
To expedite the trial, the Parties have stipulated that deposition testimony
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given in this civil action, including any civil action with which this civil action has been
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consolidated, may be used at trial in lieu of calling a live witness.
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4.
As required by the Order and pursuant to Local Rule 281, the Parties will list
all witnesses they propose to offer at trial in the Joint Pretrial Conference Statement.
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5.
The parties will provide notice of their intent to call any witness listed on their
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respective witness lists by deposition no later than 7 days after the final pretrial
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conference.
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6.
Designation of deposition testimony will be as follows:
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a. Within fifteen (15) days of giving notice of intent to call a witness by
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deposition, the party proposing to call a witness by deposition shall
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designate those portions of the deposition testimony and any deposition
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exhibits discussed within those portions;
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b. Twenty-one (21) days later, the other party shall file and serve counter
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designations of deposition testimony and deposition exhibits, along with
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any objections to the designated deposition testimony and exhibits;
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“Dkt.” Refers to the Court’s ECF Docket number for this case.
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STIPULATION AND ORDER REGARDING PROCEDURE FOR SUBMITTING DEPOSITION TESTIMONY
AT TRIAL
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c. As used herein, the term “counter designations” means any testimony
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from the same deposition as the designated testimony. The counter
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designation need not otherwise rebut, contradict, or otherwise relate to
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the designated testimony;
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d. Any responses to objections to the designated testimony and/or exhibits
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and any objections shall be served and filed 14 days thereafter; and
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e. Any responses to the objections to the counter designated testimony
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and/or exhibits shall be served and filed 7 days thereafter.
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The designation by any party of its intent to utilize the deposition testimony of
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a witness shall not prohibit any party from calling that witness to testify live at trial,
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provided the live testimony is not cumulative.
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8.
The Parties stipulate that deposition exhibits discussed within designated
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deposition testimony must be designated in accordance with the schedule outlined in
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Paragraph 5 of this stipulation. However, nothing in this stipulation shall preclude the
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Parties from designating deposition exhibits on its Exhibit List addenda to the Joint
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Pretrial Statement.
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which contain color-coded designations as follows:
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a. AmeriPride’s initial designations are denoted by red boxes surrounding
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the test of the initial designation;
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b. TEO’s initial designations are denoted by blue boxes surrounding the
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text of the initial designation;
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c. AmeriPride’s counter designations are denoted by red lines underlining
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the text of the counter designation; and
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d. TEO’s counter designations are denoted by blue lines underlining the
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The Parties have agreed to jointly file deposition transcripts with the Court
text of the counter designation.
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The Parties agree that the trial should proceed as efficiently as possible.
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STIPULATION AND ORDER REGARDING PROCEDURE FOR SUBMITTING DEPOSITION TESTIMONY
AT TRIAL
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11.
The Parties agree that submitting designated deposition testimony to the
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Court will help the trial proceed more efficiently than calling live witnesses and/or reading
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such testimony into the record.
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12.
The Parties respectfully request Court approval of the outlined schedule and
procedure for submitting deposition testimony at trial in lieu of calling a live witness.
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Good cause exists for the Court to grant the Parties’ request because it will:
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(1) facilitate a more efficient trial; (2) encourage efficient pre-trial activities between the
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Parties (3) will not prejudice the Parties or the Court and will not delay the case; and (4)
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will not alter or affect the Parties’ compliance with any other requirements in the Court’s
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Pretrial Scheduling Order.
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STIPULATION
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Based on the foregoing, the Parties stipulate as follows:
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1.
The Parties agree that they will comply with the procedures set forth above;
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2.
All designations and counter designations of deposition testimony, and
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exhibits discussed within the designated testimony, unless subject to an objection that
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was sustained by the Court, will be admitted into evidence and become part of the official
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court record for the trial; and
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3.
Objections to deposition testimony or deposition exhibits shall be raised
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according to the procedures set forth above; however, nothing in this stipulation shall alter
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the Court’s requirements for raising objections to deposition testimony.
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Date: August 8, 2016
BASSI, EDLIN, HUIE & BLUM LLP
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By:
/s/ Fred M. Blum
FRED M. BLUM
ERIN K. POPPLER
Attorneys for Defendant
TEXAS EASTERN OVERSEAS, INC.
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STIPULATION AND ORDER REGARDING PROCEDURE FOR SUBMITTING DEPOSITION TESTIMONY
AT TRIAL
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Date: August 8, 2016
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WILSON, ELSER, MOSKOWITZ, EDELMAN &
DICKER LLP
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By:
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Date: August 8, 2016
/s/ Edward P. Garson
EDWARD P. GARSON (SBN 96786)
VINCENT J. ADAMS (SBN 249696)
WILSON, ELSER, MOSKOWITZ, EDELMAN
& DICKER LLP
525 Market Street, 17th Floor
San Francisco, California 94105-2725
Telephone: (415) 433-0990
Facsimile: (415) 434 1370
Attorneys for Defendant
TEXAS EASTERN OVERSEAS, INC.
HUNSUCKER GOODSTEIN PC
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By:
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/s/ Brian L. Zagon
PHILIP C. HUNSUCKER
BRIAN L. ZAGON
MARC A. SHAPP
Attorneys for Plaintiffs
AMERIPRIDE SERVICES INC.
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Date: August 8, 2016
PERKINS MANN & EVERETT, APC
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By:
/s/ Lee N. Smith
LEE N. SMITH
Attorneys for Plaintiffs
AMERIPRIDE SERVICES INC.
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STIPULATION AND ORDER REGARDING PROCEDURE FOR SUBMITTING DEPOSITION TESTIMONY
AT TRIAL
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ORDER
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The parties’ stipulation regarding the use of deposition testimony at trial (ECF
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No. 1057) is hereby adopted as an order of this Court.
IT IS SO ORDERED.
Dated: August 10, 2016
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STIPULATION AND ORDER REGARDING PROCEDURE FOR SUBMITTING DEPOSITION TESTIMONY
AT TRIAL
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