Hartman et al v. USA, et al.,

Filing 61

ORDER signed by Magistrate Judge Deborah Barnes on 5/18/2023 GRANTING Stipulated Protective Order. APPROVED (Reader, L)

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DEMAS LAW GROUP, P.C.
John N. Demas, Attorney at Law, SBN 161563
Tim S. Spangler, Attorney at Law, SBN 168163
701 Howe Avenue, Suite A-1
Sacramento, CA 95825
Tel: [phone]
Fax: [phone]
Attorney for Plaintiff,
JASON HARTMAN

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JASON HARTMAN,

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No. 2:20-cv-1492 KJM DB
STIPULATION AND PROTECTIVE
ORDER RE: SECOND DEPOSITIONS
OF WITNESSES PREVIOUSLY
DEPOSED

Plaintiff,
v.
UNITED STATES OF AMERICA;
COUNTY OF BUTTE; and CLINT
MOFFIT,
Defendants.

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IT IS HEREBY STIPULATED by and between the parties, through their respective
counsel of record:
1.

Defendant Clint Moffit was not a party to the case at the time that multiple

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depositions were taken in this matter. As a result, Defendant Moffit has the right to take

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the depositions of individuals who were deposed before he was a party to the case.

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2.

The parties seek to place reasonable limitations on the scope of these further

depositions.
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STIPULATION AND PROTECTIVE ORDER RE: SECOND DEPOSITIONS OF WITNESSES
PREVIOUSLY DEPOSED

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3.

With respect to counsel for parties who previously had an opportunity to

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question the deponent, the parties agree that counsel may not question the witness

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regarding matters on which the deponent was previously questioned at his or her first

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deposition, except for questions designed to reasonably follow up on, or clarify, testimony

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on such matters elicited through questioning by counsel for Defendant Clint Moffit.

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Counsel may question the witness regarding matters or events occurring after the date of

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the first deposition. This stipulation is not intended to limit counsel defending the

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deposition from making objections that he or she deems necessary and appropriate.

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4.

With respect to counsel for Clint Moffit, counsel will carefully review the

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prior deposition testimony of all deponents who are to be re-deposed and use reasonable

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efforts to avoid questioning the deponent regarding matters that were previously covered,

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except for questions reasonably designed to follow up on, or clarify, matters on which the

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deponent was previously questioned, or to direct the question more specifically toward the

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interests of Mr. Moffit. Counsel may question the witness regarding matters or events

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occurring after the date of the first deposition. This stipulation is not intended to limit

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counsel defending the deposition from making objections that he or she deems necessary

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and appropriate.

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SO STIPULATED.

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DATED: May 15, 2023

DEMAS LAW GROUP, P.C.

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BY: /s/ Tim S. Spangler
Tim S. Spangler
Attorney for Plaintiff
JASON HARTMAN

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///

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///

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///
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STIPULATION AND PROTECTIVE ORDER RE: SECOND DEPOSITIONS OF WITNESSES
PREVIOUSLY DEPOSED

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Date: May 18, 2023

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BY: /s/ William E. Camy
William E. Camy
Matthew W. Gross
Attorneys for Defendant
COUNTY OF BUTTE

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PORTER | SCOTT
A PROFESSIONAL CORPORATION

Date: May 15, 2023

UNITED STATES ATTORNEY

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BY: /s/ Brendon L.S. Hansen
Rachel R. Davidson
Brendon L.S. Hansen
Attorneys for Defendant
UNITED STATES OF AMERICA

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Date: May 15, 2023

HAWKINS PARNELL & YOUNG, LLP

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BY: /s/ Jennifer J. Capabianco
Jennifer J. Capabianco
Attorneys for Defendant
UNITED STATES OF AMERICA

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Date: May 15, 2023

KOELLER NEBEKER CARLSON HALUCK
LLP

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BY: /s/ Kimberly J. Black
Kimberly J. Black
Attorneys for Defendant
CLINT MOFFITT
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STIPULATION AND PROTECTIVE ORDER RE: SECOND DEPOSITIONS OF WITNESSES
PREVIOUSLY DEPOSED

ORDER

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Having reviewed the above stipulation, and good cause appearing, it is hereby ordered
as follows:
1.

As to counsel for all parties other than Clint Moffit: Counsel may not

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question the witness regarding matters on which the deponent was previously questioned

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at his or her first deposition, except for questions designed to reasonably follow up on, or

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clarify, testimony on such matters elicited through questioning by counsel for Defendant

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Clint Moffit.

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2.

As to counsel for Clint Moffitt: Counsel will carefully review the prior

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deposition testimony of all deponents who are to be re-deposed and use reasonable efforts

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to avoid questioning the deponent regarding matters that were previously covered, except

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for questions reasonably designed to follow up on, or clarify, matters on which the

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deponent was previously questioned, or to direct the question more specifically toward the

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interests of Mr. Moffit.

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3.

All Counsel may question the witness regarding matters or events occurring

after the date of the first deposition.
4.

Counsel defending the deposition is not limited in making objections that he

or she deems necessary and appropriate.
IT IS SO ORDERED.
DATED: May 18 2023

/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND PROTECTIVE ORDER RE: SECOND DEPOSITIONS OF WITNESSES
PREVIOUSLY DEPOSED