Gomez v. Union Pacific Railroad Company

Filing 26

STIPULATION and ORDER signed by Magistrate Judge Kimberly J. Mueller on 6/30/09 ORDERING that the prior depositions taken in the Texas case involving the same incident as presently at issue may be used in the instant litigation to the extent objectio ns were not made during the prior depositions. With respect to the depositions of plaintiffs, Mr. John Redos and Mr. Jeff Nickles, to be taken in the instant matters, questions may not be posed that were asked and answered, without objection, in the prior depositions. re: 23 Motion for Discovery. (Carlos, K) Modified on 7/2/2009 (Donati, J).

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HAMPTON & RAWLINGS Robert Keith Hampton (Tex. SBN 08876500) [e-mail] Clayton Rawlings (Tex. SBN 16589900) [e-mail] 1927 Norfolk Houston, Texas 77098 Telephone: [713] 520-7701 Facsimile: [713] 520-8612 LAW OFFICES OF BARRY A. ZIMMERMAN Barry A. Zimmerman (SBN 129208) [e-mail] 1515 Lincoln Way Auburn, California 95603 Telephone: [530] 823-0705 Facsimile: [530] 889-1711 Attorneys for Plaintiff SHELBY GOMEZ, by and through her guardian ad litem, Arnold Gomez UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO JOHN F. REDOS, JR., Plaintiff vs. UNION PACIFIC RAILROAD COMPANY, Defendant / JEFF NICKLES, Plaintiff vs. ) Case No. 2:08-CV-01155-MCE-KJM ) ) ) ) ) ) / ) Case No. 2:09-CV-00225 MCE-KJM ) ) ) ) ) ) ) STIPULATION OF THE PARTIES ) ) ) Case No. 2:08-CV-01036-MCE-KJM ) ) ) ) ) )

20 21 22 23 24 25 26 27 28 vs. UNION PACIFIC RAILROAD COMPANY and DOES 1 - L, inclusive, Defendants SHELBY GOMEZ, a minor, by and through her guardian ad litem, ARNOLD GOMEZ Plaintiff UNION PACIFIC RAILROAD COMPANY, Defendant

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 DATED: June 30, 2009. 22 23 24 25 26 27 28 1.

STIPULATION OF THE PARTIES The parties hereby stipulate that the prior depositions taken in the Texas case

involving the same incident as presently at issue may be used in the instant litigation to the extent objections were not made during the prior depositions. With respect to the depositions of plaintiffs, Mr. John Redos and Mr. Jeff Nickles, to be taken in the instant matters, questions may not be posed that were asked and answered, without objection, in the prior depositions.

/s/ Robert Keith Hampton _____________________________________ Robert Keith Hampton HAMPTON & RAWLINGS Attorneys for Plaintiff, Shelby Gomez

/s/ John S. Gilmore _____________________________________ John S. Gilmore RANDOLPH, CREGGER & CHALFANT LLP Attorneys for Defendant, Union Pacific Railroad Company

/s/ Dennis M. O'Bryan _____________________________________ Dennis M. O'Bryan. O'BRYAN BAUN COHEN KUEBLER KARAMANIAN Attorneys for Plaintiffs, John Redos and Jeff Nickles IT IS SO ORDERED.