Mocettini v. Kenworth Truck Company

Filing 58

STIPULATION and ORDER 57 signed by Senior Judge William B. Shubb on 12/10/2014 permitting Defendant Kenworth Truck Company to call Paul Giampapa as a witness at the trial in the above-entitled matter. (Kirksey Smith, K)

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HORACE W. GREEN, BAR NO. 115699
[e-mail]
CONNOR M. DAY, BAR NO. 233245
[e-mail]
BUCHMAN PROVINE BROTHERS SMITH LLP
2033 N. Main St., Suite 720
Walnut Creek, California 94596
Telephone:
925 944 9700
Facsimile:
925 944 9701
Attorneys for Defendant
Kenworth Truck Company, an unincorporated
division of PACCAR, Inc.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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A T T ORNE YS A T L A W
W A L NUT C RE EK , CA

B UCHMAN P ROVINE B ROTHERS S MITH LLP

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Louis Mocettini,
Plaintiff,

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STIPULATION AND [PROPOSED] ORDER
TO ALLOW DEFENDANT TO AMEND ITS
LIST OF TRIAL WITNESSES TO PERMIT
PAUL GIAMPAPA TO TESTIFY AT TRIAL

v.

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Case No. 2:13-CV-01300-WBS-DAD

Kenworth Truck Company, a division of
PACCAR, Inc., and Does 1 through 25,
inclusive,
Defendants.

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Trial Date: January 13, 2014
Judge:
Hon. William B. Shubb
Dept.:
Courtroom 5, 14th Floor

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WHEREAS, on November 3, 2014, Defendant Kenworth Truck Company, an

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unincorporated division of PACCAR, Inc. (“Kenworth”) submitted its Pretrial Statement to

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provide the Court with, amongst other items, it’s List of Trial Witnesses in the above matter.

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WHEREAS, on November 10, 2014, the Honorable William B. Shubb issued the Final

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Pretrial Order (the “Order”) in this matter, which set forth the witnesses to be called by the parties

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at trial pursuant to the parties’ respective Pretrial Statements.
WHERAS, Kenworth inadvertently failed to include Paul Giampapa in its List of Trial

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Witnesses in its Pretrial Statement.

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373280.1

STIPULATION AND [PROPOSED] ORDER
2:13-CV-01300-WBS-DAD

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WHEREAS, Section VII(D)(1) of the Order allows a party to amend its witness list to
include additional witnesses to testify at trial pursuant to the stipulation of the parties.

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WHEREAS, in light of the above, the parties, by and through their respective counsel,

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hereby jointly stipulate, pursuant to Section VII(D)(1) of the Order, to permit Paul Giampapa to

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testify at trial.

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IT IS SO STIPULATED.

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Dated: December 9, 2014

BUCHMAN PROVINE BROTHERS SMITH LLP

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A T T ORNE YS A T L A W
W A L NUT C RE EK , CA

B UCHMAN P ROVINE B ROTHERS S MITH LLP

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By:

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/s/ Horace W. Green
Horace W. Green
Attorneys for Defendant Kenworth Truck
Company, an unincorporated division of
PACCAR, Inc.

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Dated: December 9, 2014

ARNOLD LAW FIRM

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By:

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/s/ Anthony M. Ontiveros
Anthony M. Ontiveros
Attorneys for Plaintiff, Louis Mocettini

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373280.1

-2STIPULATION AND [PROPOSED] ORDER
2:13-CV-01300-WBS-DAD

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ORDER

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Pursuant to the joint stipulation of the parties, and VII(D)(1) of the Final Pretrial Order
issued on November 10, 2014, it is hereby ordered as follows:

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Defendant Kenworth Truck Company, an unincorporated division of PACCAR,

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Inc., shall be permitted to call Paul Giampapa as a witness at the trial in the above-entitled matter.

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IT IS SO ORDERED.

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Dated: December 10, 2014

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A T T ORNE YS A T L A W
W A L NUT C RE EK , CA

B UCHMAN P ROVINE B ROTHERS S MITH LLP

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373280.1

-3STIPULATION AND [PROPOSED] ORDER
2:13-CV-01300-WBS-DAD