Wesley v. Gates

Filing 92

ORDER RE: EXPERT DEPOSITION (ts, COURT STAFF) (Filed on 6/16/2009)

Case3:08-cv-02719-SI Document87

Filed06/15/09 Page1 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17

MARY DRYOVAGE, (CA SBN 112551) Law Offices of Mary Dryovage 600 Harrison Street, Suite 120, San Francisco, CA 94107 Telephone: [phone] Fax. [phone] Email: [e-mail] WENDY MUSELL (CA SBN 203507) Stewart & Musell 600 Harrison Street, Suite 120 San Francisco, CA 94107 Telephone: [phone] Fax: [phone], Email: [e-mail] Attorneys for Plaintiff JOSEPH P. RUSSONIELLO (SBN 44332) United States Attorney JOANN M. SWANSON (SBN 88143) Chief, Civil Division VICTORIA CARRADERO (SBN 217885) Assistant United States Attorney MICHAEL T. PYLE (SBN 172954) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, CA 94102-3495 Telephone: [phone] Fax: [phone] Email: V ic to r ia .C a rr a d er o @ u sd o j .g o v Attorneys for Defendant

18 UNITED STATES DISTRICT COURT 19 NORTHERN DISTRICT OF CALIFORNIA 20 SAN FRANCISCO DIVISION 21 22 23 24 25 26 27 28
S T I P U L A T I O N AND [PROPOSED] ORDER ON D E P O S I T I O N S OF PLAINTIFF'S EXPERTS W e s l e y v. Gates, No. C-08-2719 SI Page 1

HILTON I. WESLEY, Plaintiff, v. ROBERT M. GATES, SECRETARY OF THE U.S. DEPARTMENT OF DEFENSE, DEFENSE CONTRACT AUDIT AGENCY, Defendant.

Docket No. C-08-2719 SI E-FILING CASE STIPULATION AND [PROPOSED] ORDER TO PERMIT DEPOSITIONS OF PLAINTIFF'S EXPERTS AFTER CLOSE OF EXPERT DISCOVERY DEADLINE

Case3:08-cv-02719-SI Document87

Filed06/15/09 Page2 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Plaintiff and Defendant, by and through their undersigned attorneys, hereby enter into the following stipulation and request its approval by the Court. WHEREAS Plaintiff's two expert witnesses, Dr. Rajah and Dr. Mizra, were not available to be deposed prior to the expert discovery cut off date but are available at 2:00 p.m. on June 17, 2009 (Dr. Rajah) and 1:00 p.m. on June 29, 2009 (Dr. Mizra). WHEREAS the depositions of Dr. Rajah and Dr. Mizra shall continue until 6:00 p.m. on the dates above and that Dr. Rajah and Dr. Mizra shall be made available on another date if the depositions cannot be completed by 6:00 p.m. WHEREAS Defendant agrees to compensate Dr. Rajah and Dr. Mizra for the time spent at each deposition at the rate charged by each of them for deposition testimony. WHEREAS the expert discovery cut off date is June 12, 2009. WHEREAS the parties agree that testimony from these depositions may be used by either party in connection with briefing on summary judgment motions. ACCORDINGLY, the parties hereby agree that the depositions of Plaintiff's two expert witnesses, Dr. Rajah and Dr. Mizra, shall be taken on the following dates and times: 2:00 p.m. on June 17, 2009 (Dr. Rajah) and 1:00 p.m. on June 29, 2009 (Dr. Mizra). The parties further agree that the depositions of Dr. Rajah and Dr. Mizra shall continue until 6:00 p.m. on the dates above and that Dr. Rajah and Dr. Mizra shall be made available on another date if the depositions cannot be completed by 6:00 p.m. Finally the parties agree that testimony from these depositions may be used by either party in connection with briefing on summary judgment motions. /// /// /// // /// /// ///
S T I P U L A T I O N AND [PROPOSED] ORDER ON D E P O S I T I O N S OF PLAINTIFF'S EXPERTS W e s l e y v. Gates, No. C-08-2719 SI Page 2

Case3:08-cv-02719-SI Document87

Filed06/15/09 Page3 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED:_______________ DATED: June 12, 2009 DATED: June 12, 2009

Respectfully submitted,

______/s/__________________ WENDY MUSELL Stewart & Musell Attorneys for Plaintiff JOSEPH P. RUSSONIELLO United States Attorney

_______/s/___________________ MICHAEL T. PYLE Assistant U.S. Attorney Attorneys for Defendant

Pursuant to Stipulation, IT IS SO ORDERED that, notwithstanding the June 12, 2009 expert discovery cut off, the depositions of Plaintiff's two expert witnesses, Dr. Rajah and Dr. Mizra, shall be taken on the following dates and times: 2:00 p.m. on June 17, 2009 (Dr. Rajah) and 1:00 p.m. on June 29, 2009 (Dr. Mizra). These depositions shall continue until 6:00 p.m. on the dates above and Dr. Rajah and Dr. Mizra shall be made available on another date if the depositions cannot be completed by 6:00 p.m. Defendant shall compensate Dr. Rajah and Dr. Mizra for the time spent at each deposition at the rate charged by each of them for deposition testimony. Testimony from these depositions may be used by either party in connection with briefing on summary judgment motions.

______________________________ The Honorable Susan Illston United States District Court Judge

S T I P U L A T I O N AND [PROPOSED] ORDER ON D E P O S I T I O N S OF PLAINTIFF'S EXPERTS W e s l e y v. Gates, No. C-08-2719 SI Page 3