D. B. et al v. City of Stockton et al

Filing 66

STIPULATION and ORDER REGARDING THIRD PARTY WITNESSES signed by District Judge Daniel J. Calabretta on 3/10/2025. (Deputy Clerk LMS)

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SANJAY S. SCHMIDT (State Bar No. 247475)
LAW OFFICE OF SANJAY S. SCHMIDT
1388 Sutter Street, Suite 810
San Francisco, CA 94109
Telephone: [phone]
[e-mail]

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T. KENNEDY HELM, IV (State Bar No. 282319)
HELM LAW OFFICE, PC
644 40th Street, Suite 305
Oakland, CA 94609
Telephone: [phone]
[e-mail]

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Attorneys for All Plaintiffs

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DANA A. SUNTAG (State Bar No. 125127)
JOSHUA J. STEVENS (State Bar No. 238105)
HERUM\CRABTREE\SUNTAG, LLP
5757 Pacific Avenue, Suite 222
Stockton, California 95207
Telephone: [phone]
[e-mail]
[e-mail]

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Attorneys for All Defendants

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
D.B., a minor, by and through his guardian
ad litem, Elisa Mulvihill, individually and as
co-successor in interest to Decedent
ANTWAUNE P. BURRISE, SR., et al,

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Plaintiffs,
vs.
CITY OF STOCKTON, et al.,
Defendants.

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STIPULATION RE THIRD-PARTY WITNESSES
& ORDER

Case No.: 2:21-cv-02154-DJC-SCR
STIPULATION REGARDING THIRDPARTY WITNESSES AND ORDER

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All Parties, through their undersigned counsel of record, stipulate as follows:

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RECITALS

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A.

On April 29, 2022, Plaintiffs’ counsel served Plaintiffs’ initial disclosures.

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Plaintiffs’ initial disclosures listed 13 third-party witnesses. These witnesses are (in the

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order and as numbered on Plaintiffs’ initial disclosures):

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127: Nicole Baker

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128: Marjorie Burrise

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129: Timmiya Burrise

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130: Dorothy Easter

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131: Jonathan Gobert

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132: Latonya Lyons

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133: TaShante McCoy

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134: Lavern McGill

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135: Lucretia Owens

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136: Rosa Rodriguez

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137: Rosalind Russell

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138: Dethdouangchai Sourivong

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139: Ambria Spivey

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B.

The Parties’ counsel have met and conferred regarding these individuals

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and Defendants’ possible need to depose them. As a result of the meet and confer,

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Plaintiffs’ counsel has agreed not to offer any evidence, in any form, from some of these

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witnesses, in reliance on which defense counsel has agreed not to depose those

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witnesses. Counsel enter into this stipulation, with their clients’ authority, to formalize this

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agreement.

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STIPULATION RE THIRD-PARTY WITNESSES
& ORDER

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STIPULATION
IT IS STIPULATED AND AGREED, by the Parties, through their undersigned
counsel, as follows:
1.

No Plaintiff will seek to offer any evidence, in any form, from Nicole Baker,

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Marjorie Burrise, Jonathan Gobert, Latonya Lyons, TaShante McCoy, Lavern McGill,

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Rosa Rodriguez, Rosalind Russell, Dethdouangchai Sourivong, or Ambria Spivey, in

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reliance on which Defendants will not seek to depose any of them.

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2.

Defense counsel intend to depose Nicole Covello, Timmiya Burrise,

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Dorothy Easter, and Lucretia Owens. Plaintiffs’ counsel is authorized, and has agreed, to

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accept service of deposition subpoenas for these witnesses.

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Dated: March 5, 2025

HERUM CRABTREE SUNTAG, LLP

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By: /s/ Joshua J. Stevens
________________________
JOSHUA J. STEVENS
Attorneys for all Defendants

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Dated: March 5, 2025

LAW OFFICE OF SANJAY S. SCHMIDT
HELM LAW OFFICE, PC

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By: /s/ Sanjay S. Schmidt
_________________________
SANJAY S. SCHMIDT
(as authorized on March 5, 2025)
Attorneys for all Plaintiffs

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ORDER
IT IS SO ORDERED.
Dated: March 10, 2025

/s/ Daniel J. Calabretta
THE HONORABLE DANIEL J. CALABRETTA
UNITED STATES DISTRICT JUDGE

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STIPULATION RE THIRD-PARTY WITNESSES
& ORDER