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

Filing 62

ORDER GRANTING PLAINTIFFS LEAVE TO SERVE LT. PAUL BERLIN WITH DEPOSITION SUBPOENA VIA ALTERNATIVE MEANS AT HIS HOME ADDRESS. Signed by Judge William Alsup on 11/13/2009. (whasec, COURT STAFF) (Filed on 11/13/2009)

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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) JULIE M. HOUK (SBN# 114968) 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 [PROPOSED] ORDER GRANTING PLAINTIFFS LEAVE TO SERVE LT. PAUL BERLIN (RET.) WITH A DEPOSITION SUBPOENA VIA ALTERNATIVE MEANS (FEDERAL EXPRESS AND/OR CERTIFIED MAIL) AT HIS HOME ADDRESS

CITY OF OAKLAND, et al., Defendants.

Estate of Amaro, et al. v. City of Oakland, et al., Case No. C09-01019 WHA [Proposed] Order Granting Plaintiffs Leave re Alternative Means of Service

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WHEREAS, Plaintiffs have been unable to accomplish personal, hand to hand service of a subpoena for the deposition of Lt. Paul Berlin (Ret) as set forth in the declaration of reasonable diligence by Legal Express because there is evidence Lt. Berlin is willfully evading service of the subpoena; IT IS HEREBY ORDERED THAT Plaintiffs shall have leave to serve Lt. Berlin with a deposition subpoena for his deposition on November 19, 2009, at 10:00 a.m. at the Law Offices of John L. Burris through the alternative means of Federal Express and/or Certified Mail delivery to the home address previously produced to Plaintiffs' counsel by the City of Oakland. IT IS HEREBY FURTHER ORDERED THAT no counsel, party or employees of any party shall contact Lt. Berlin to advise him in advance of any Federal Express and/or Certified Mail delivery of the subpoena to his home address that the Court has entered this Order.
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Dated: November __, 2009 13

__________________________________ WILLIAM H. ALSUP Judge of the United States District Court

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Estate of Amaro, et al. v. City of Oakland, et al., Case No. C09-01019 WHA [Proposed] Order Granting Plaintiffs Leave re Alternative Means of Service

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IT IS SO ORDERED:

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