Jackson v. Calone, et al.

Filing 79

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 3/24/17 ORDERING that Plaintiff's motion to compel compliance with a subpoena served on William Jackson as general manager of Florida Avenue 73 is GRANTED; Within 30 da ys from the date of this order, William Jackson shall produce all documents in his possession or control responsive to plaintiff's subpoena to Florida Avenue 73 ; Plaintiff's request for attorney's fees is DENIED without prejudice. (Becknal, R)

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JAMES R. KIRBY II [SBN: 88911]
NAGELEY, KIRBY & WINBERRY, LLP
8801 Folsom Boulevard, Suite 172
Sacramento, CA 95926
Telephone No: [phone]
Facsimile No: [phone]

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Attorneys for Plaintiff DOROTHY RODDEN JACKSON

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DOROTHY RODDEN JACKSON,
Plaintiff,

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vs.
RICHARD CALONE; CALONE & HARREL
LAW GROUP, LLP; CALONE & BEATTIE,
LLP; CALONE LAW GROUP, LLP,

Case No.: 2:16-cv-00891-TLN-KJN
STIPULATION AND ORDER RE MOTION
TO COMPEL COMPLIANCE WITH
SUBPOENA
DATE: MARCH 30, 2017
TIME: 10:00
DEPT: 25
TRIAL DATE: NONE SET

Defendant.

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Third party William Jackson does not oppose the pending motion to compel production of

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documents pursuant to a subpoena served on him a general manager of 1444 Florida Avenue, LLC

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(Florida Avenue) (ECF No. 73), but does oppose plaintiff’s request for attorney’s fees. The

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parties stipulate that the Court may drop the pending hearing on this motion to compel, and issue

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the following order that is consistent with its earlier rulings on similar discovery requests in this

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matter (ECF No. 76):

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1. Plaintiff’s motion to compel compliance with a subpoena served on William Jackson as
general manager of Florida Avenue (ECF No. 73) is granted.
2. Within 30 days from the date of this order, William Jackson shall produce all

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documents in his possession or control responsive to plaintiff’s subpoena to Florida Avenue (ECF

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No. 73). Mr. Jackson shall identify all documents produced by their Bates-stamp numbers and
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clearly identify the request or requests to which each produced document responds. Mr. Jackson

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is required to produce to plaintiff a privilege log clearly identifying any responsive document he

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has withheld and the basis for that withholding with respect to each withheld document.

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3. Plaintiff’s request for attorney’s fees is denied without prejudice.

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SO STIPULATED:
Dated: March 23, 2017

/s/ Tyler A. Kelly
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Tyler A. Kelly
Counsel for William Jackson as Manager
of 1444 Florida Avenue, LLC

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Dated: March 23, 2017

/s/ James R. Kirby II
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James R. Kirby II
Counsel for Dorothy Rodden Jackson

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IT IS SO ORDERED.

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Dated: March 24, 2017

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