Sedie v. United States Postal Service

Filing 147

STIPULATION AND ORDER re 146 Stipulation filed by United States Postal Service. Signed by Magistrate Judge Elizabeth D. Laporte on January 29, 2010. (edllc2, COURT STAFF) (Filed on 1/29/2010)

Case3:08-cv-04417-EDL Document146

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JOSEPH P. RUSSONIELLO (CABN 44332) United States Attorney JOANN M. SWANSON (CABN 88143) Chief, Civil Division JONATHAN U. LEE (CABN 148792) MELISSA K. BROWN (CABN 203307) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 Telephone: [phone] FAX: [phone] [e-mail] Attorneys for Defendant

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ERIC SEDIE, Plaintiff, v. UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) ) ) No. C-08-4417 EDL STIPULATION AND [PROPOSED] ORDER TO ADMIT DEPOSITION TESTIMONY OF AARON HAYASHI, M.D. DUE TO UNAVAILABILITY DURING TRIAL

WHEREAS, the deposition of Aaron Hayashi, M.D. ("Dr. Hayashi") took place on November 24, 2009 in San Jose, California, during which counsel for the defendant United States (" Federal Defendant") and counsel for plaintiff, Eric Sedie ("Plaintiff") conducted an examination of Dr. Hayashi regarding issues in the above-captioned action; WHEREAS, such deposition was transcribed by a certified court reporter; WHEREAS, Dr. Hayashi will be on duty in a hospital in Martinez, California during the week of February 1, 2010 through February 5, 2010 from the hours of 8:30 a.m. until 5:00 p.m., and it would pose a hardship on Dr. Hayashi to appear for trial due to this conflict; WHEREAS, by and through their counsel, the parties, agreed to submit portions of Dr. Hayashi's deposition testimony as given on November 24, 2009 in lieu of live testimony;

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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 2 Dated: January 28, 2010 /s _________________________________ JEREMY CLOYD Attorney for Plaintiff DATED: January 28, 2010 Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney /s ________________________________ MELISSA K. BROWN Assistant United States Attorney WHEREAS, both parties have designated portions of the deposition transcript as attached hereto as exhibits A and B; ACCORDINGLY, the parties by and through their undersigned counsel hereby stipulate that the deponent Dr. Hayashi is unavailable for trial within the meaning of rule 804(a) of the Federal Rules of Evidence, and that the parties may submit the attached excerpts of the testimony given at his deposition on November 24, 2009, in accordance with the Federal Rules of Civil Procedure and the Federal Rules of Evidence. So Stipulated

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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 3 January 29, 2010 Dated: _______________ ____________________________ ELIZABETH D. LAPORTE United States Magistrate Judge IT IS SO ORDERED [PROPOSED ] ORDER Pursuant to the stipulation of the parties, the Court will allow the parties to proffer portions of the deposition testimony of Aaron Hayashi, M.D. taken on November 24, 2009 that were submitted as exhibits A and B with the parties' Stipulation To Admit Deposition Testimony of Aaron Hayashi, M.D. Due to Unavailability During Trial for admission into evidence in lieu of the live testimony of Aaron Hayashi, M.D.

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