Walker v. City of Hayward et al

Filing 73

STIPULATION AND ORDER re 70 Stipulation, filed by Zachary Hoyer, Scott Lunger, City of Hayward, Art Thoms. Signed by Judge Edward M. Chen on 11/17/09. (bpf, COURT STAFF) (Filed on 11/17/2009)

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1 2 3 4 JIVIKA CANDAPPA (SBN225919) Law office of Jivaka Candappa 46 Shattuck Square, Suite 15 Berkeley, California 94704 Telephone: (510) 981-1808 Facsimile: (510) 981-1817 Attorney for Plaintiff KEVIN WALKER 5 6 7 8 9 10 11 12 13 14 15 16 17 KEVIN WALKER, Plaintiff, 18 v. 19 CITY OF HAYWARD, et al., Defendants. 20 ___________________________________/ 21 22 Plaintiff Kevin Walker, and Defendants City of Hayward ("City"), Officer Art Thoms, Case No. C 07 06205 (TEH) STIPULATION RE: PLAINTIFF'S DEPOSITION OF HAYWARD POLICE DEPARTMENT'S PERSON MOST KNOWLEDGEABLE, RECORDS RETENTION SCHEDULE AS TO USE OF FORCE REPORTS [F RCP 30( b)(6)] AND PROPOSED ORDER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA MICHAEL S. LAWSON (SBN 048172) City Attorney RANDOLPH S. HOM (SBN 152833) Assistant City Attorney CITY F HAYWARD 777 B Street Hayward, California 94541 Telephone: (510) 583-4450 Facsimile: (510) 583-3660 Attorneys for Defendants CITY OF HAYWARD, ART THOMS, SCOTT LUNGER, AND ZACHARY HOYER JAMES G. MURRAY (SBN 120049) Prindle, Decker, and Amaro, LLP 310 Golden Shore, Fourth Floor P.O. Box 22711 Long Beach, California 90801-5511 Telephone: (562) 436-3946 Facsimile: (562) 495-0564 Attorneys for Defendants AMERICAN DISCOUNT SECURITY AND DAUD WARDAK 23 Officer Scott Lunger, Officer Zachary Hoyer, American Discount Security ("ADS"), and Daud 24 Wardak through their respective attorneys of record, stipulate to the following order: 25 1. Pursuant to Federal Rules of Civil Procedure 30(b)(6), Plaintiff issued a Notice of 26 Deposition to the Hayward Police Department ("HPD") to depose the person most knowledgeable 27 ("PMK") regarding HPD's Records Retention Schedule as to Use of Force Reports, with a 28 deposition date of October 28, 2009. 1 2. On October 23, 2009, HPD produced Marva Hickman, its Records Manager and 2 Custodian of Records for a deposition. 3 3. However, Ms. Hickman did not have personal knowledge of the practices of the 4 HPD Office of Ethical Standards relating to the retention of such Use of Force reports. 5 4. Due to calendar conflicts, the parties hereby stipulate that Plaintiff may take the 6 deposition of the HPD PMK regarding its Records Retention Schedule as to Use of Force 7 Reports, at a date and time mutually convenient to the parties, and the PMK, on or before the 8 close of expert discovery in the within action. 9 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 10 11 12 DATED: November 10, 2009 13 14 15 DATED: November 10, 2009 16 17 18 DATED: November 10, 2009 19 20 21 22 PURSUANT TO STIPULATION, IT IS SO ORDERED. 23 24 UNIT ED ISTRIC ES D TC AT T ___________/s/__________________________ Jivaka Candappa Attorneys for Plaintiff Kevin Walker ___________/s/__________________________ Randolph S. Hom Attorneys for Defendants City of Hayward, Art Thoms, Scott Lunger, and Zachary Hoyer /s/ James Murray Attorney for Defendants American Discount Security and Daud Wardak RT U O S 27 28 ER N F D IS T IC T O R A C LI FO OO November 17, 2009 IT IS S DIFIED DATED: ________________________ _____________________________________ AS MO 25 The Honorable Thelton E. Henderson United States District Court Chen ard M. dge EdwJudge 26 Ju Edward M. Chen, U.S. Magistrate NO RDERE D R NIA RT H

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