Conley v. City and County of San Francisco et al

Filing 155

ORDER re 144 Stipulation Regarding Evidence filed by Prentice Earl Sanders, City and County of San Francisco. Signed by Judge Joseph C. Spero on 6/19/13. (klhS, COURT STAFF) (Filed on 6/20/2013)

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DENNIS J. HERRERA, City Attorney
CHERYL ADAMS, State Bar #164194
Chief Trial Deputy
PETER J. KEITH, State Bar #206482
VINCE CHHABRIA, State Bar # 208557
JOSHUA S. WHITE, State Bar #237223
ELIZABETH PEDERSON, State Bar #288184
Deputy City Attorneys
1390 Market Street, 6th Floor
San Francisco, California 94102-5408
Telephone:
[phone] [Keith]
Telephone: [phone] [Chhabria]
Telephone:
[phone] [White]
Telephone:
[phone] [Pederson]
Facsimile:
[phone]
Email:
[e-mail]
Email:
[e-mail]
Email:
[e-mail]
Email:
[e-mail]
Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO
and PRENTICE EARL SANDERS

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KEKER & VAN NEST LLP
DANIEL PURCELL, #191424
[e-mail]
ERIC H. MACMICHAEL, #231697
[e-mail]
REBEKAH L. PUNAK, #248588
[e-mail]
H. SAVALA NOLAN, #284212
[e-mail]
633 Battery Street San Francisco, CA 94111-1809
Telephone: [phone]
Facsimile: 415 397 7188

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Attorneys for Plaintiff CARAMAD CONLEY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CARAMAD CONLEY,

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Plaintiff,

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vs.

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Case No. C12-00454 JCS
STIPULATIONS REGARDING EVIDENCE

CITY AND COUNTY OF SAN FRANCISCO
and PRENTICE EARL SANDERS,
Defendants.

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STIPULATIONS REGARDING EVIDENCE
CV12-00454 JCS

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WHEREAS, the parties have met and conferred in an effort to streamline discovery and the

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presentation of evidence at summary judgment and/or trial in the present action, and the parties have

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identified documents the authenticity of which is not disputed,

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THEREFORE, the parties stipulate as follows:

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1.

All documents listed in Exhibit A are authentic. All documents listed in Exhibit A that

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were prepared by public employees, except for pleadings, meet the requirements of Federal Rule of

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Evidence 803(6).

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2.

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All court records, pleadings, and transcripts in the proceedings People v. Paul Green,

S.F. Superior Court Case No. 140-303 and People v. Caramad Conley, S.F. Superior Court Case No.

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153-756, are judicially noticeable as evidence of what occurred during those proceedings under

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Federal Rule of Evidence 201. The parties are not stipulating or agreeing to the truth of any statement

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contained within such court records, pleadings or transcripts, and reserve all arguments for and against

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admissibility for the truth of the matters stated.

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3.

Copies of court records, pleadings, and transcripts shall be treated as authentic without

any need for certification.
4.

For all such documents listed above, the parties further stipulate that neither party need

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produce a qualified witness to testify or declare as to the identity, time, and mode of preparation of the

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documents. By entering this stipulation, neither side waives its right to object to the admissibility of

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any particular document listed above or its contents on other grounds. This includes but is not limited

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to the following: the document contains hearsay within hearsay or the document and its contents are

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not relevant to the issues to be tried in the case.

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5.

All depositions taken in the proceeding Caramad Conley v. Mike Knowles, San

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Francisco Superior Court Writ No. 5861, and all testimony given in the evidentiary hearing in that

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proceeding, shall be usable in the present action as if they were depositions given in the present action.

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//

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//

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//

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STIPULATIONS REGARDING EVIDENCE
CV12-00454 JCS

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6.

Notwithstanding any of the foregoing, defendants do not stipulate to the authenticity of

the document entitled "Declaration of Clifford Polk" dated December 13, 2005.
IT IS SO STIPULATED.
Dated: June 18, 2013

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DENNIS J. HERRERA
City Attorney

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By:

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/s/
PETER J. KEITH
Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO
and PRENTICE EARL SANDERS

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Dated: June 18, 2013
KEKER & VAN NEST LLP

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By:

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pero
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Dated: 6/19/13

NO

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IT IS S

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UNIT
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Attorneys for Plaintiff
CARAMAD CONLEY
S DISTRICT **Pursuant to GO 45, the electronic signatory has
TE
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TA
obtained approval from this signatory.

R NIA

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/s/** ___________
ERIC H. MACMICHAEL

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F
D IS T IC T O
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STIPULATIONS REGARDING EVIDENCE
CV12-00454 JCS

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