Cooke, et al v. City of Stockton, et al

Filing 91

STIPULATION AND ORDER signed by District Judge Kimberly J. Mueller on 8/2/2017 ORDERING that the depositions of Dr. Barbour and Dr. Posey be taken off calendar.(Michel, G.)

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DENNIS M. COTA, Bar No. 127992
[e-mail]
RONALD J. SCHOLAR, Bar No. 187948
[e-mail]
CAROLYN J. FRANK, Bar No. 245479
[e-mail]
COTA COLE & HUBER LLP
2261 Lava Ridge Court
Roseville, CA 95661
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
JEREMY EDENS, KEVIN HESS, GABRIEL
GUERRERO, JAMES MANOR, IRSHAD
MOHAMMED, ERIKA GONZALEZ, SGT.
DUANE CANTWELL, PAUL DONA, AND
EDWARD WEBB

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BREANNA COOKE, individually and as CoSuccessor-In-Interest for Decedent JAMES
COOKE, et al.,

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Case No. 2:14-CV-00908-KJM-KJN
Hon. Kimberly J. Mueller
STIPULATION AND ORDER RE EXPERT
WITNESSES

Plaintiffs,
v.
JEREMY EDENS, in his individual and
official capacity as Police Officer of the City of
Stockton, et al.,

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Defendants.

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{CF/00052691. }

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STIPULATION AND ORDER RE EXPERT WITNESSES
Case No. 2:14-cv-00908-KJM-KJN

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WHEREAS Plaintiffs disclosed Dr. Alan Barbour and Dr. B. L. Posey as non-retained
experts in this case;

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WHEREAS the parties appeared at a telephonic discovery hearing with Magistrate Judge
Newman on July 11, 2017;

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WHEREAS as a result of this discovery hearing Magistrate Judge Newman entered a

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minute order on July 12, 2017 (Docket Number 83) ordering that the deposition of Dr. Alan

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Barbour would go forward on July 21, 2017 at 10:00 am1 and the deposition of Dr. B. L. Posey

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would go forward on July 21, 2017 at 12:00 pm;

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WHEREAS upon further discussion between the parties, Defendants agree that Plaintiffs

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can rely upon the report of Dr. Barbour and Dr. Posey as relied upon by Plaintiffs other experts;

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WHEREAS Defendants further agree to not challenge the authenticity or accuracy of the

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report of Dr. Barbour and Dr. Posey;

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WHEREAS based upon these agreements, Plaintiffs agree they will not call either

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Dr. Barbour or Dr. Posey to testify as witnesses at trial unless Defendants first challenge the

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authenticity or accuracy of the report of Dr. Barbour and Dr. Posey in violation of this agreement;

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The minute order actually states July 31, 2017, but this was a typo and was corrected by further
minute order on July 13, 2017. (Docket Number 85)
{CF/00052691. }
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STIPULATION AND ORDER RE EXPERT WITNESSES
Case No. 2:14-cv-00908-KJM-KJN

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THEREFORE, it is stipulated by and between all parties that the depositions of

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Dr. Barbour and Dr. Posey will be taken off calendar.

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Dated: July 19, 2017

LAW OFFICES OF JOHN L. BURRIS

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By:

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/s/ Ben Nisenbaum
Ben Nisenbaum (as authorized on 7/19/17)
Attorneys for Plaintiffs

COTA COLE & HUBER LLP

Dated: July 19, 2017

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By:

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/s/ Carolyn J. Frank
Dennis M. Cota
Ronald J. Scholar
Carolyn J. Frank

Attorneys for Defendants

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ORDER
IT IS SO ORDERED.
DATED: August 2, 2017.

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UNITED STATES DISTRICT JUDGE

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{CF/00052691. }

-2STIPULATION AND ORDER RE EXPERT WITNESSES
Case No. 2:14-cv-00908-KJM-KJN