Patel v. State of California

Filing 37

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 6/19/17 ORDERING that Defendants are permitted to take the deposition of Plaintiff for an additional seven hours. Plaintiff is permitted to depose an additional eight witnesses (Brian Barrick, Monica Wilson-Pough, Kathleen Elizondo, Mandeep Sohi, Nicole Preston, Rebecca Vasquez, Joesette Rigby-Brokenbough, and Diana Guzman). (Kastilahn, A)

1
2
3
4
5
6
7
8
9
10
11
12
13

RICHARD M. ROGERS, State Bar No. 045843
LAW OFFICE OF RICHARD M. ROGERS
100 Bush Street, #1980
San Francisco, CA 94104
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
Dev Patel
XAVIER BECERRA, State Bar No. 118517
Attorney General of California
JUDITH A. RECCHIO, State Bar No. 163060
Supervising Deputy Attorney General
JERRY J. DESCHLER, State Bar No. 215691
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
California Department of Public Health and
Department of Toxic Substances Control

14
15

IN THE UNITED STATES DISTRICT COURT

16

FOR THE EASTERN DISTRICT OF CALIFORNIA

17

SACRAMENTO DIVISION

18
19
DEV PATEL,

2:15-cv-02471-KJN

20
Plaintiff, STIPULATION REGARDING
DEPOSITIONS;

21
v.
22
23
24

ORDER THEREON
STATE OF CALIFORNIA,
Defendant. Judge:
Kendall J. Newman
Action Filed: 11/30/2015

25
26

Plaintiff Dev Patel (“Plaintiff”) and Defendants California Department of Public Health and

27

Department of Toxic Substances Control (collectively, “Defendants”), through their respective

28

counsel of record, hereby stipulate as follows:
1
Stipulation Regarding Depositions; Order Thereon (2:15-cv-02471-KJN)

1
2

WHEREAS counsel for Defendants took the deposition of Plaintiff on November 1, 2016
for approximately six hours;

3

WHEREAS Defendants requested at the outset of this case for an additional day for

4

Plaintiff’s deposition above the seven-hour limit imposed by Federal Rules of Civil Procedure,

5

Rules 26(b)(2)(A) and 30(d)(1) due to the extensive factual allegations and claims at issue in this

6

case, and the unusual volume of documentary evidence produced by the parties;

7
8

WHEREAS counsel for Plaintiff will have deposed a total of nine witnesses by June 20, 2017;
and

9

WHEREAS Plaintiff requests to depose an additional eight witnesses (Brian Barrick, Monica

10

Wilson-Pough, Kathleen Elizondo, Mandeep Sohi, Nicole Preston, Rebecca Vasquez, Joesette Rigby-

11

Brokenbough, and Diana Guzman), exceeding the rule of ten depositions per side permitted by

12

Federal Rules of Civil Procedure, Rules 26(b)(2)(A) and 30(a)(2)(A).

13

Consequently, Plaintiff and Defendants stipulate and agree as follows:

14

Plaintiff agrees to the requested additional time to depose Plaintiff, provided counsel for

15

Defendants diligently uses reasonable efforts to conduct the deposition efficiently and agrees that

16

Defendants will not request additional time to complete Plaintiff’s deposition absent exceptional

17

unforeseen circumstances; and

18

Defendants agree to the additional depositions enumerated above provided Plaintiff agrees to

19

use reasonable efforts to conduct the depositions efficiently and agrees that Plaintiff will not request

20

additional depositions absent exceptional unforeseen circumstances.

21

///

22

///

23

///

24
25
26
27
28
2
Stipulation Regarding Depositions; Order Thereon (2:15-cv-02471-KJN)

1

IT IS SO STIPULATED.

2
3

Dated: June 16, 2017

Respectfully submitted,

4

/s/ Richard M. Rogers
LAW OFFICE OF RICHARD M. ROGERS
RICHARD M. ROGERS
Attorneys for Plaintiff Dev Patel

5
6
7

Dated: June 16, 2017

Respectfully submitted,

8

XAVIER BECERRA
Attorney General of California
JUDITH A. RECCHIO
Supervising Deputy Attorney General

9
10

/s/ Jerry J. Deschler
JERRY J. DESCHLER
Deputy Attorney General
Attorneys for Defendants
California Department of Public Health and
Department of Toxic Substances Control

11
12
13
14
15
16
17
18
19

ORDER
Having reviewed the parties’ stipulation, and good cause appearing therefore,
IT IS HEREBY ORDERED:
Defendants are permitted to take the deposition of Plaintiff for an additional seven hours

beyond the limit imposed by Federal Rules of Civil Procedure, Rules 26(b)(2)(A) and 30(d)(1); and

20

Plaintiff is permitted to depose an additional eight witnesses (Brian Barrick, Monica Wilson-

21

Pough, Kathleen Elizondo, Mandeep Sohi, Nicole Preston, Rebecca Vasquez, Joesette Rigby-

22

Brokenbough, and Diana Guzman), exceeding the rule of ten depositions per side permitted by

23

Federal Rules of Civil Procedure, Rules 26(b)(2)(A) and 30(a)(2)(A).

24

Dated: June 19, 2017

25
26
27
28
3
Stipulation Regarding Depositions; Order Thereon (2:15-cv-02471-KJN)