Orr v. Brame, et al

Filing 90

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 4/14/15 ORDERING that the parties may take the video recorded deposition of non-party witness CHP Sergeant Shirley Kelly on or before 5/15/15 in order to obtain her trial testimony due to her unavailability for trial. (Kastilahn, A)

1
2
3
4
5
6
7
8

KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
PETER A. MESHOT, State Bar No. 117061
Supervising Deputy Attorney General
STEPHEN C. PASS, State Bar No. 131179
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants State of California,
appearing by and through the Department of
California Highway Patrol, Terry Plumb and Jay
Brame

9
IN THE UNITED STATES DISTRICT COURT
10
FOR THE EASTERN DISTRICT OF CALIFORNIA
11
SACRAMENTO DIVISION
12
13
14

HARRISON ORR, Individually,

15

Plaintiff, STIPULATION AND PROPOSED
ORDER TO ALLOW TRIAL
v.
TESTIMONY OF SGT. SHIRLEY
KELLY BY VIDEO RECORDED
DEPOSITION
CALIFORNIA HIGHWAY PATROL
OFFICERS BRAME, PLUMB, and DOES
Trial Date:
June 2, 2015
1-10, individually,
Time:
9:00 a.m.
Courtroom: 5
Defendants. Judge:
The Honorable William B.
Shubb

16
17
18
19
20

2:14-cv-585-WBS-EFB

21
22

Action Filed: March 3, 2014
All parties, through their respective counsel of record, hereby stipulate, and request this

23

court to order that non-party California Highway Patrol (CHP) Sergeant Shirley Kelly be allowed

24

to testify at trial by video-recorded deposition for the following reasons:

25
26
27
28

1.

Trial in this matter is scheduled to begin on June 2, 2015 and is expected to last from

5 – 12 court days.
2.

CHP Sergeant Shirley Kelly is a percipient witness to some of the events of the

incident which is the subject of this lawsuit.
1
Stip. and (Proposed) Order to Allow Sgt. Kelly Trial Testimony by Video Deposition (2:14-cv-585-WBS-EFB)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20

3.

Both parties intend to call Sgt. Kelly as a witness to provide percipient witness

testimony during the trial of this matter.
4.

Sgt. Kelly has advised that she will be out of state on vacation from May 21 through

June 21, 2015 and is unavailable for trial as presently scheduled.
5.

The parties have agreed to conduct a video recorded deposition of Sgt. Kelly’s trial

testimony on or about April 29, 2015 at the Office of the Attorney General in Sacramento,
California. Defendants will produce Sgt. Kelly for deposition pursuant to Plaintiff’s trial
subpoena of Sgt. Kelly, served on Defendants’ counsel by agreement, and pursuant to this
stipulation. Defendants will also obtain a court reporter and videographer for the proceeding and
will provide Plaintiff with copies of the written transcript and of the video recording of the
deposition for use at trial at Defendants’ expense.
6.

Should the deposition not go forward as presently scheduled for reasons unforeseen

by the parties, it will be rescheduled to a date agreeable to the parties as soon as possible which is
no later than May 15, 2015.
7.

The parties further agree that Sgt. Kelly’s testimony at the deposition will be

admissible at trial as an exception to the hearsay rule pursuant to Federal Rules of Evidence, Rule
804(b)(1) when offered by any party. All other objections are expressly reserved. Form
objections normally required to be interposed during a deposition or waived must be interposed
during the this deposition or waived.
SO STIPULATED.

21
Dated: April 9, 2015
23

KAMALA D. HARRIS
Attorney General of California
PETER A. MESHOT
Supervising Deputy Attorney General

24

/s/Stephen C. Pass

22

25

STEPHEN C. PASS
Deputy Attorney General
Attorneys for Defendants State of California,
appearing by and through the Department of
California Highway Patrol, Terry Plumb and
Jay Brame

26
27
28
2

Stip. and (Proposed) Order to Allow Sgt. Kelly Trial Testimony by Video Deposition (2:14-cv-585-WBS-EFB)

1
Dated: April 9, 2015

HADDAD & SHERWIN LLP

2
/s/ Michael J. Haddad
MICHAEL J. HADDAD

3
4

Attorneys for Plaintiff
HARRISON LUTHER ORR

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20

ORDER
This Court orders that the parties may take the video recorded deposition of non-party
witness CHP Sergeant Shirley Kelly on or before May 15, 2015 in order to obtain her trial
testimony due to her unavailability for trial. Defendants will produce Sgt. Kelly for deposition
pursuant to Plaintiff’s trial subpoena of Sgt. Kelly, served on Defendants’ counsel by agreement,
and pursuant to the stipulation of the parties herein. Defendants will obtain a court reporter and
videographer for the proceeding and will provide Plaintiff with copies of the written transcript
and of the video recording of the deposition at Defendants’ expense. Sgt. Kelly’s testimony at the
deposition will be admissible at trial as an exception to the hearsay rule pursuant to Federal Rules
of Evidence, Rule 804(b)(1) when offered by any party. All other objections are expressly
reserved. Form objections normally required to be interposed during a deposition or waived must
be interposed during the this deposition or waived.
IT IS SO ORDERED.
Dated: April 14, 2015

21
22
23
24
25
26
27
28

SA2014312527
11836759.doc

3
Stip. and (Proposed) Order to Allow Sgt. Kelly Trial Testimony by Video Deposition (2:14-cv-585-WBS-EFB)