Xiong et al v. Lincoln National Life Insurance Company

Filing 156

STIPULATION and ORDER signed by Judge William B. Shubb on 3/25/10 GRANTING the stipulation regarding videotaped deposition of Ronnie Dumag 155 . (Becknal, R)

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SEYFARTH SHAW LLP Kurt A. Kappes (State Bar No. 146384) Timothy B. Nelson (State Bar No. 235279) 400 Capitol Mall, Suite 2350 Sacramento, California 95814-4428 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant THE LINCOLN NATIONAL LIFE INSURANCE COMPANY

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA MAO XIONG and FRAYDA BURTON, as Guardian ad litem for MARILYN L. XIONG and ARIEL N. XIONG, Plaintiffs, v. THE LINCOLN NATIONAL LIFE INSURANCE COMPANY, Defendant. Case No. 2:08-CV-00345-WBS-JFM

STIPULATION REGARDING VIDEOTAPED DEPOSITION OF RONNIE DUMAG Crtrm: 5, 14th Flr. Before The Honorable William B. Shubb

Plaintiffs MAO XIONG and FRAYDA BURTON, as Guardian ad litem for MARILYN L. XIONG and ARIEL N. XIONG ("plaintiffs") and defendant THE LINCOLN NATIONAL LIFE INSURANCE COMPANY ("defendant") (collectively, the "Parties"), by and through their respective counsel, hereby stipulate as follows: 1. Defendant designated a person most knowledgeable at Primerica Life Insurance

Company as a trial witness, as contained in Exhibit B to the Court's Final Pretrial Order. 2. Company. 3. Mr. Dumag will be out of the State from approximately March 31, 2010 until Ronnie Dumag will testify at trial on behalf of Primerica Life Insurance

April 3, 2010, and thus will likely be unavailable to testify at the time of trial.

STIPULATION REGARDING VIDEOTAPED DEPOSITION OF RONNIE DUMAG
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4.

The parties therefore stipulate that Mr. Dumag's deposition may be taken prior to

trial, that this deposition will be videotaped, and that the videotaped deposition of Mr. Dumag can be used at the time of trial in lieu of live testimony from Mr. Dumag, subject to objections by Plaintiffs. By signing this stipulation, Plaintiffs are not waiving any objections as to the

substance of the questions, including relevance or admissibility. IT IS SO STIPULATED. DATED: March 24, 2010 SEYFARTH SHAW LLP

By:

/s/ Kurt Kappes Kurt A. Kappes Timothy B. Nelson Attorneys for Defendant THE LINCOLN NATIONAL LIFE INSURANCE COMPANY

DATED: March 24, 2010

GUENARD & BOZARTH, LLP

By:

/s/ B. Ross Bozarth B. Ross Bozarth Attorneys for Plaintiffs MAO XIONG and FRAYDA BURTON, as Guardian ad litem for MARILYN L. XIONG and ARIEL N. XIONG

IT IS SO ORDERED:

Dated:

March 25, 2010

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STIPULATION REGARDING VIDEOTAPED DEPOSITION OF RONNIE DUMAG
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