Malott v. Placer County et al

Filing 105

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 2/23/2017 ORDERING that the Court hereby orders that Defendant Ken Addison's 103 motion for protective order be heard on shortened time and that the hearing occur on 3/1/2017 at 10:00 a.m. in Courtroom No. 8. The parties' shall file their joint statement by no later than 12:00 p.m. on 2/24/2017. (Zignago, K.)

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PLACER COUNTY COUNSEL’S OFFICE
David K. Huskey (SBN 109329)
Clayton T. Cook (SBN 260891)
175 Fulweiler Avenue
Auburn, California 95603
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants PLACER COUNTY, KEN ADDISON, and MATT HARDCASTLE

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICHARD MALOTT,

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Plaintiff
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v.
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PLACER COUNTY, NEVADA COUNTY;
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SACRAMENTO COUNTY; Placer County
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Sheriff's Deputy KEN ADDISON; Sacramento
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County Sheriff's Department Deputy JAVIER
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BUSTAMANTE; Nevada County Sheriff's
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Department Deputy DAVE DEVOGELAIRE;
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Sacramento County Sheriff's Department Deputy )
DARIN EPPERSON; Placer County Sheriff's
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Department Detective MATT HARDCASTLE; )
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Sacramento County Sheriff's Department
Detective MICHELLE HENDRICKS;
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Sacramento County Sheriff's Department Sheriff )
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SCOTT JONES; and DOES 1 through 25,
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inclusive,
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Defendants.
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Case No. 2:14-cv-01040-KJM-EFB
STIPULATION TO SHORTEN TIME
TO HEAR DEFENDANT KEN
ADDISON’S MOTION FOR
PROTECTIVE ORDER; [PROPOSED]
ORDER

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Whereas, Plaintiff Richard Malott, Defendants Placer County, Matt Hardcastle, Ken

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Addison, Sacramento County, Darin Epperson, Javier Bustamante, Michelle Hendricks and Scott

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Jones have agreed to hear Defendant Ken Addison’s motion for a protective order on shortened

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time;
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Stipulation to Shorten Time to Hear Motion for Protective Order; [Proposed] Order

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Whereas, Defendant Ken Addison has indicated that his motion for a protective order will be

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a request to have his deposition stenographically recorded and/or audio recorded, but not video

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recorded since he performs undercover activities for the Placer County Sheriff’s Office and the use

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of video recording has the potential to impact his personal safety;

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Whereas, this stipulation is necessary and in the interest of justice because the standard

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noticing period for a motion for a protective order would require a hearing after the scheduled date

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of Defendant Ken Addison’s deposition on March 8, 2017;

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Whereas, re-scheduling Defendant Ken Addison’s deposition for a later date would create
significant other scheduling issues since Plaintiff is interested in having the deposition occur before
the schedule settlement conference on March 9, 2017;
Whereas, the parties agree to file their joint statement regarding the dispute by 12:00 p.m. on
Friday, February 24, 2017;
Whereas, the parties are also agreeable to having the motion heard by telephone should that
fit better on the judge’s calendar;

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NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties, by and

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through their respective counsel of record, that Defendant Ken Addison’s motion for a protective

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order should be heard on shortened time on a date and time permitted by this Court, but before the

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date of Ken Addison’s scheduled deposition on March 8, 2017.

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Dated: February 21, 2017

PLACER COUNTY COUNSEL'S OFFICE

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/s/ Clayton T. Cook
By:

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CLAYTON T. COOK
Attorney for Defendants PLACER
COUNTY, KEN ADDISON, and MATT
HARDCASTLE

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Dated: February 21, 2017

LAW OFFICE OF STEWART KATZ

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/s/Stewart Katz
By:
STEWART KATZ
Attorney for Plaintiff
RICHARD MALOTT

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2

Stipulation to Shorten Time to Hear Motion for Protective Order; [Proposed] Order

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Dated: February 21, 2017

CREGGER & CHALFANT LLP

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/s/ Robert L. Chalfant

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By:
ROBERT L. CHALFANT
Attorney for Defendants SACRAMENTO
COUNTY, SACRAMENTO COUNTY
SHERIFF SCOTT JONES, DEPUTY JAVIER
BUSTAMANTE; DETECTIVE MICHELLE
HENDRICKS; DEPUTY DARIN
EPPERSON

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ORDER

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GOOD CAUSE APPEARING THEREFORE, the Court hereby orders that Defendant Ken
Addison’s motion for protective order (ECF No. 103) be heard on shortened time and that the
hearing occur on March 1, 2017 at 10:00 a.m. in Courtroom No. 8. The parties’ shall file their joint
statement by no later than 12:00 p.m. on February 24, 2017.

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IT IS SO ORDERED.
Dated: February 23, 2017.
EDMUND F. BRENNAN
UNITED STATES MAGISTRATE JUDGE

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Stipulation to Shorten Time to Hear Motion for Protective Order; [Proposed] Order