The Estate of Jerry A. Amaro III et al v. City of Oakland et al

Filing 55

ORDER RE CONTACT INFORMATION FOR SERVICE OF SUBPOENA ON LT. PAUL BERLIN (RET.) AND ORDER PERMITTING HIS DEPOSITION TO BE TAKEN ON SHORTENED TIME. Signed by Judge Alsup on November 5, 2009. (whalc1, COURT STAFF) (Filed on 11/5/2009)

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JOHN L. BURRIS (SBN #69888) LAW OFFICES OF JOHN L. BURRIS 7677 Oakport Street, Suite 1120 Oakland, California 94621 [phone]; FAX [phone] Email: [e-mail] JAMES B. CHANIN (SBN# 76043) Law Offices of James B. Chanin 3050 Shattuck Avenue Berkeley, California 94705 [phone]; FAX: [phone] Email: [e-mail] Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA THE ESTATE OF JERRY A. AMARO III; GERALDINE MONTOYA; STEPHANIE MONTOYA; Plaintiffs, vs. ) ) CASE NO: C09-01019 WHA ) STIPULATION AND [PROPOSED] ) ORDER RE CONTACT INFORMATION ) FOR SERVICE OF SUBPOENA ON LT. ) PAUL BERLIN (RET.) AND ORDER ) PERMITTING HIS DEPOSITION TO BE ) TAKEN ON SHORTENED TIME ) ) ) ) ) ) ) ) ) ) ) ) )

CITY OF OAKLAND, et al., Defendants.

Estate of Amaro, et al. v. City of Oakland, et al Case No. C09-01019 WHA Stip and [Proposed] Order re Lt. Paul Berlin (Ret.) 1

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THE PARTIES, BY AND THROUGH THEIR RESPECTIVE COUNSEL OF RECORD, DO HEREBY STIPULATE AND AGREE THAT: Defendant CITY OF OAKLAND shall provide Plaintiffs' counsel with all known addresses and telephone numbers for Lt. Paul Berlin (Ret.) by no later than 2:00 p.m. on November 5, 2009, so that Plaintiffs may use this information solely for the purpose of serving Lt. Berlin with deposition and/or trial subpoenas. If Plaintiffs' counsel is unable to locate Lt. Berlin at the addresses provided by Defendant CITY OF OAKLAND, Defendant CITY OF OAKLAND shall promptly disclose Lt. Berlin's social security number, driver's license number and date of birth to Plaintiffs' counsel within 48 hours of their request so that additional investigative efforts to locate his whereabouts for service of subpoenas may be undertaken by Plaintiffs' counsel. In that event, Plaintiffs shall have the right to disclose the information to a licensed private investigators to assist them in locating Lt. Berlin for service of said subpoenas. This information is deemed "Confidential" and is being disclosed by Defendant CITY OF OAKLAND to Plaintiffs' counsel pursuant to the terms of the Stipulated Protective Order previously entered by the Court on July 9, 2009. Furthermore, this information will only be disclosed on an as needed basis to process servers and/or private investigators retained by Plaintiffs' counsel who shall be instructed that the information is subject to said protective order. Said process servers and/or private investigators shall be instructed to return the information to Plaintiffs' counsel upon their successful and/or unsuccessful efforts to serve Lt. Berlin. Said information shall not be disclosed to the individual Plaintiffs or third parties, other than the aforesaid process servers and/or investigators, and shall be destroyed by Plaintiffs' counsel at the

Estate of Amaro, et al. v. City of Oakland, et al Case No. C09-01019 WHA Stip and [Proposed] Order re Lt. Paul Berlin (Ret.) 2

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final conclusion of the litigation. Furthermore, no records of this information will be retained by Plaintiffs' counsel upon the final conclusion of the litigation. It is further agreed and stipulated that the deposition of Lt. Berlin may be taken on shortened time. IT IS SO STIPULATED: Dated: November 4, 2009 _________/S/__________________ JAMES B. CHANIN Attorney for Plaintiffs _________/S/__________________ STEPHEN Q. ROWELL Attorney for City of Oakland Defendants ________/S/___________________ JOHN VERBER Attorney for Defendant Edward Poulson

Dated: November 4, 2009

Dated: November 4, 2009

UNIT ED

PURSUANT TO STIPULATION, IT IS SO ORDERED: November 5 Dated:______________, 2009

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Estate of Amaro, et al. v. City of Oakland, et al Case No. C09-01019 WHA Stip and [Proposed] Order re Lt. Paul Berlin (Ret.) 3

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