Alexis v. Lew

Filing 34

STIPULATION AND ORDER CONTINUING THE ONE HOUR DEPOSITION DEADLINE FOR 30 DAYS by Judge Alsup granting 32 ; granting 33 Stipulation. (whalc1, COURT STAFF) (Filed on 6/28/2016)

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LOUIS A. LEONE, ESQ. (SBN: 099874)
CLAUDIA LEED, ESQ. (SBN: 122676)
SETH L. GORDON, ESQ. (SBN: 262653)
LEONE & ALBERTS
A Professional Corporation
2175 N. California Blvd., Suite 900
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile:
[phone]
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant
OFFICER EUGENE LEW

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ERIC ALEXIS,

Case No.: 3:16-cv-00905-WHA

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Plaintiff,

STIPULATION AND [PROPOSED]
ORDER CONTINUING THE ONEHOUR DEPOSITION DEADLINE
FOR 30 DAYS

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vs.
OFFICER EUGENE LEW

Judge:
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Hon. William Alsup

Defendant.

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Pursuant to Civil Local Rule 7-12, Plaintiff Eric Alexis and Defendant Officer

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Eugene Lew (the “Parties”), by and through their attorneys of record, hereby stipulate as

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follows:

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WHEREAS, on June 13, 2016, the Court ordered Plaintiff and Defendant each to

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sit for a one-hour deposition on or before June 30, 2016, with June 27, 2016 being the

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default date. (Dkt. No. 29.)

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WHEREAS, pursuant to the Court’s Case Management Order, one-hour

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depositions of the parties were scheduled to take place on June 27, 2016 at 9:00 a.m.

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at defense counsel’s office in Walnut Creek, California.
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STIPULATION AND [PROPOSED] ORDER CONTINUING THE ONEHOUR DEPOSITION DEADLINE FOR 30 DAYS
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3:16-cv-00905-WHA

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WHEREAS, on the evening prior to the depositions, defense counsel was

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informed that Plaintiff would be dismissing the case with prejudice and that the

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depositions should be cancelled. Based upon the representation that the case was

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going to be dismissed, the depositions were cancelled.

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WHEREAS, on the afternoon of June 27, 2016, defense counsel was informed

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that Plaintiff would not be dismissing this case and that he would be requesting

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substitution of counsel.

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WHEREAS, given the unusual situation the parties find themselves in, the parties
agree that the deadline to complete the one-hour depositions should be continued for
30 days.

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WHEREAS, a 30-day extension of the one-hour depositions will allow Plaintiff to

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submit a request for substitution of counsel, retain new counsel, and will not require the

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extension of any other deadline in this matter.

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Based on the foregoing, THE PARTIES, BY AND THROUGH THEIR

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ATTORNEYS OF RECORD, HEREBY STIPULATE to the 30-day extension of the

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Parties’ one-hour depositions. The one-hour depositions shall occur on or before July

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STIPULATION AND [PROPOSED] ORDER CONTINUING THE ONEHOUR DEPOSITION DEADLINE FOR 30 DAYS
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3:16-cv-00905-WHA

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29, 2016. Plaintiff shall contact defense counsel on or before July 15, 2016 to schedule

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the one-hour depositions.

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All other deadlines set by the Court shall remain the same.

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IT IS SO STIPULATED.

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Dated: June 28, 2016

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LEONE & ALBERTS
By:

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/s/, Seth Gordon
SETH L. GORDON, ESQ.
Attorney for Defendant OFFICER EUGENE LEW

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Dated: June 28, 2016

LAW OFFICES OF STEVEN YOURKE

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By:
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/s/, Steven Yourke
STEVEN YOURKE, ESQ.
Attorney for Plaintiff ERIC ALEXIS

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[PROPOSED] ORDER
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Pursuant to the Stipulation of the parties, it is hereby ordered as follows:
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1.

Without prejudice to further deposition, a one-hour deposition shall be

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taken of each party on or before July 29, 2016.
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2.

Plaintiff, or his legal representative, shall contact counsel for Defendant on

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or before July 15, 2016 to schedule the one-hour depositions.
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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Dated:

June 28, 2016.

HON. WILLIAM ALSUP
United States District Court Judge

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STIPULATION AND [PROPOSED] ORDER CONTINUING THE ONEHOUR DEPOSITION DEADLINE FOR 30 DAYS
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3:16-cv-00905-WHA