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: [phone]
Facsimile:
[phone]
LEE N. SMITH (SBN 138071)
PERKINS, MANN & EVERETT, APC
7815 N. Palm Ave, Suite 200
Fresno, CA 93711
Telephone: [phone]
Facsimile:
[phone]
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: [phone]
Facsimile:
[phone]
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
.
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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1

“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.
7.

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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9.

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.
10.

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.
13.

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: [phone]
Facsimile: [phone]
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