Guerrero v. California Department of Corrections & Rehabilitation et al

Filing 249

STIPULATION AND ORDER RE ERROR ON DEPOSITIONREAD-IN 244 .(whalc2, COURT STAFF) (Filed on 6/29/2015)

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Marsha J. Chien, State Bar No. 275238
Christopher Ho, State Bar No. 129845
THE LEGAL AID SOCIETY –
EMPLOYMENT LAW CENTER
180 Montgomery Street, Suite 600
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
[e-mail]
Attorneys for Plaintiff
VICTOR GUERRERO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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VICTOR GUERRERO,

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Plaintiff,

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v.

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CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITATION;
STATE PERSONNEL BOARD; and, in their
official capacities, JEFFREY BEARD,
Secretary of the California Department of
Corrections and Rehabilitation; SUZANNE
AMBROSE, Executive Officer of State
Personnel Board; K. CARROLL, Lieutenant;
D. SHARP, Sergeant; BARBARA
LEASHORE, Hearing Officer; C. HESTER,
Lieutenant; V. MAYOL, Lieutenant; S. COX,
Lieutenant; V. MYERS, Sergeant; JOHN (OR
JANE) DOES 1-100, all of whose names are
unknown,

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Defendants.

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Case No. 3:13-cv-05671-WHA
STIPULATION AND [PROPOSED]
ORDER RE ERROR ON DEPOSITION
READ-IN
Trial Date: June 15, 2015
Time: 7:30 a.m.
Ctrm: 8 (19th Floor)
[Hon. William Alsup]

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3:13-cv-05671-WHA
STIPULATION AND [PROPOSED] ORDER RE ERROR ON DEPOSITION READ-IN

{00438926.DOCX}

STIPULATION

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On Monday, June 15, 2015, during the trial of this matter and in the course of reading

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from the deposition transcript of Barbara Leashore, counsel for Plaintiff inadvertently omitted a

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question and answer from that transcript. The omitted portion was later read into the record at

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178:21-23 of that day’s trial transcript. Exh. A to Declaration of Elizabeth Fulton (“Fulton

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Decl.”). The reporter noted this omitted portion, as well as the discussion thereon between

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counsel and the Court, on an index page of the June 15 trial transcript (67:14). Exh. B to Fulton

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Decl. The Court subsequently directed the parties to meet and confer with respect to a

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stipulation that would identify and rectify this error in the read-in.

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The parties hereby stipulate that the omitted portion (178:21-23) be treated as if it had

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been read between lines 16 and 17 on page 173 of the June 15 trial transcript, Exh. C to Fulton

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Decl., so as to accurately track the deposition of Ms. Leashore.

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This stipulation is submitted jointly by all the parties to this action. In compliance with

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Civil L.R. 5-1(i)(3), the undersigned filer of this document attests that concurrence in the filing

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of this document has been obtained from each of the other signatories. Pursuant to Civ. L.R. 7-

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12, a complete list of the parties is contained on the signature page of this document. A proposed

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order is appended herewith.

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DATED: June 23, 2015

Marsha J. Chien
Christopher Ho
LEGAL AID SOCIETY- EMPLOYMENT
LAW CENTER

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By:

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/s/ Marsha J. Chien
MARSHA J. CHIEN
Attorneys for Plaintiff

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3:13-cv-05671-WHA
STIPULATION AND [PROPOSED] ORDER RE ERROR ON DEPOSITION READ-IN

{00438926.DOCX}

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DATED: June 23, 2015

Alvin Gittisriboongul
Dorothy Bacskai Egel
STATE PERSONNEL BOARD

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By: /s/

.____
DOROTHY BACSKAI EGEL

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Attorneys for SPB and SPB Individual
Defendants

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DATED: June 23, 2015

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Christopher M. Young
Fiel D. Tigno
Miguel A. Neri
CALIFORNIA DEPARTMENT OF
JUSTICE
By: /s/

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____________.
Christopher M. Young

Attorneys for CDCR and
CDCR Individual Defendants

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3:13-cv-05671-WHA
STIPULATION AND [PROPOSED] ORDER RE ERROR ON DEPOSITION READ-IN

{00438926.DOCX}

[PROPOSED] ORDER

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Pursuant to stipulation, and good cause appearing, IT IS SO ORDERED. The June 15,

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2015 trial transcript shall be treated as if the matters appearing at 178:21-23 had instead been

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read in between lines 16 and 17 on page 173 of that transcript.

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Dated: June ____, 2015

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____________________________
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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3:13-cv-05671-WHA
STIPULATION AND [PROPOSED] ORDER RE ERROR ON DEPOSITION READ-IN

{00438926.DOCX}