City of Lincoln v. County of Placer

Filing 43

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 01/14/22 re Remote Deposition Protocol. (Benson, A.)

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Kristine L. Mollenkopf (SBN No. 185914)
[e-mail]
City Attorney
City of Lincoln, City Attorney’s Office
600 Sixth Street
Lincoln, CA 95648
Tel: [phone]/Fax: [phone]

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William D. Brown (SBN No. 125468)
[e-mail]
Jeffrey T. Orrell (SBN No. 237581)
[e-mail]
Janet Menacher (SBN No. 291365)
[e-mail]
Charles D. Grosenick (SBN 317715)
[e-mail]
2533 S. Coast Highway 101, Suite 270
Cardiff-by-the-Sea, CA 92007-1737
Tel: [phone]/Fax: [phone]

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Attorneys for Plaintiff/Counter-Defendant CITY OF LINCOLN

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff/Counter-Defendant
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v.
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COUNTY OF PLACER; and DOES 1 through )
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100, inclusive,
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Defendant/Counterclaimant.
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CITY OF LINCOLN,

Case No.: 2:18-CV-00087-KJM-AC
JOINT STIPULATION AND [PROPOSED]
ORDER REGARDING REMOTE
DEPOSITION PROTOCOL

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00049894.2

______________________________________________________________________________
JOINT STIPULATION AND [PROPOSED] ORDER
2:18-cv-00087-KJM-AC

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Plaintiff City of Lincoln and Defendant County of Placer (together, the “Parties”) jointly

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stipulate and propose [and the Court adopts] the following protocol for conducting Federal Rules of

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Civil Procedure Rule 30(b)(6) depositions via remote means in this action, in light of the COVID-19

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pandemic:

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1. The Parties agree that the Rule 30(b)(6) Depositions of each deponent shall be conducted
remotely using videoconference technology (“Remote Rule 30(b)(6) Deposition”).
2. The Parties agree to use Aptus Court Reporting or another vendor with the equivalent ability to

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host remote videoconference depositions (“Vendor”) for court reporting, videoconference and

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remote deposition services. The Parties agree that a Vendor’s employee may attend the remote

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deposition to video record the deponent during the examination, but will not be physically

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present with the deponent. The Vendor’s employee may also troubleshoot any technological

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issues that may arise, and administer the virtual breakout rooms, if needed. Because the Parties

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agree to remote depositions for their respective Rule 30(b)(6) depositions, the physical location

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where the participants (i.e., counsel, deponents, or court reporter) of the deposition will access

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the remote technology shall be determined by that individual participant.

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3. The Parties agree that the Remote Rule 30(b)(6) Deposition may be used at a trial or hearing

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pursuant to Fed. R. Civ. Proc. 32 meaning, the Parties agree that the testimony, including

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transcripts, given during the Remote Rule 30(b)(6) Deposition may be used at a trial or hearing,

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and in support of or in opposition to motions, to the same extent that an in-person deposition may

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be used at trial or hearing and in support of or in opposition to motions. The Parties agree not to

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object to the use of such transcripts and the admissibility of any testimony given during the

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Remote Rule 30(b)(6) Deposition solely on the basis that the deposition was taken remotely. The

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Parties reserve all other objections to the use of any deposition testimony at trial or hearings, and

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in support of or in opposition to motions.

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4. The court reporter shall record the Remote Rule 30(b)(6) Depositions by stenographic means

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consistent with the requirements of Rule 30(b)(3), but given the COVID-19 pandemic, the court

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reporter will not be physically present with the deponent. The court reporter’s transcript shall

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constitute the official record.
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00049894.2

______________________________________________________________________________
JOINT STIPULATION AND [PROPOSED] ORDER
2:18-cv-00087-KJM-AC

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5. The Parties agree that the court reporter is an “Officer” as defined by Federal Rules of Civil

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Procedure Rule 28(a)(2) and shall be permitted to administer the oath to the deponent via the

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videoconference. The Parties agree not to challenge the validity of any oath administered by the

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court reporter, even if the court reporter is not a notary public in the state where the deponent

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resides.

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6. Counsel, the deponent, and the court reporter that are participating in the deposition examination

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shall be visible and their statements audible to all other participants, and they should each strive

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to ensure their environment is free from noise and distractions.

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7. The Parties may utilize a “chat” feature on the videoconferencing platform to communicate with

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the deponent or the court reporter only if directed to all counsel and the court reporter throughout

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the deposition. Breakout room features may be enabled by the Vendor only for breaks and

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recesses off the record.

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8. Counsel may introduce exhibits electronically during the deposition, by using the screen-sharing

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technology within the videoconferencing platform, including utilizing the “chat” feature, or by

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sending the exhibit to the deponent and all individuals on the record via electronic mail or by

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such other means as is agreed between the Parties.

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9. The Party that noticed the deposition shall provide Vendor with a copy of this Stipulation and

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[Proposed] Order at least twenty-four hours in advance of the deposition.

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SO STIPULATED.
Dated: January 13, 2022

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By: /s/ Jeffrey T. Orrell___
WILLIAM D. BROWN
JEFFREY T. ORRELL
JANET MENACHER
CHARLES D. GROSENICK
Attorneys for Plaintiff and Counter-Defendant
CITY OF LINCOLN

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BROWN & WINTERS

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00049894.2

______________________________________________________________________________
JOINT STIPULATION AND [PROPOSED] ORDER
2:18-cv-00087-KJM-AC

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Dated: January 13, 2022

HARTMAN KING PC

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By: /s/ Alanna Lungren (authorized signature on 1/13/22)
JENNIFER HARTMAN KING
ALANNA LUNGREN
J. R. PARKER
ANDREYA WOO NAZAL
Attorneys for Defendant and
Counter-Claimant COUNTY OF PLACER

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ORDER

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Pursuant to the above stipulation of the Parties:

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IT IS SO ORDERED.

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Dated: January 14, 2022

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00049894.2

______________________________________________________________________________
JOINT STIPULATION AND [PROPOSED] ORDER
2:18-cv-00087-KJM-AC