Gabrielita Anacleto et al v. Allstate Insurance Company

Filing 29

STIPULATION AND ORDER re 28 STIPULATION WITH PROPOSED ORDER Regarding Appointment of Discovery Referee filed by Allstate Insurance Company. Signed by Judge Jon S. Tigar on August 1, 2017. (wsn, COURT STAFF) (Filed on 8/1/2017)

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J. EDWARD KERLEY (State Bar No. 175695)
DYLAN SCHAFFER (State Bar No. 153612)
SARAH AUTEN (State Bar No. 302084)
KERLEY SCHAFFER LLP
1939 Harrison Street, #500
Oakland, California 94612
Telephone: [phone]
Facsimile: [phone]
E-mail:
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiffs
GABRIELITA ANACLETO, JUAN GUTIERREZ,
and NOJIXA ANACLETO

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DENTONS US LLP
ONE MARKET PLAZA, SPEAR TOWER, 24TH FLOOR
SAN FRANCISCO, CA 94105
[phone]

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JEFFRY BUTLER (State Bar No. 180936)
MEGAN BARKER (State Bar No. 245991)
DENTONS US LLP
One Market Plaza, Spear Tower, 24th Floor
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-mail:
[e-mail]
[e-mail]
Attorneys for Defendant
ALLSTATE INSURANCE COMPANY

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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GABRIELITA ANACLETO, an individual,
JUAN GUTIERREZ, an individual, and
SAMUEL JOHNS as guardian ad litem for
NOJIXA ANACLETO, an individual,

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No. 16-cv-05163-JST
STIPULATION AND [PROPOSED]
ORDER REGARDING APPOINTMENT
OF DISCOVERY REFEREE

Plaintiffs,
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vs.
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ALLSTATE INSURANCE COMPANY, an
Illinois company, and Does 1 through 10,
Defendants.

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-1Case No. 16-cv-05163-JST

STIPULATION AND [PROPOSED] ORDER

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Pursuant to Federal Rule of Civil Procedure 53(a)(1)(A), the parties to the above-titled

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action jointly submit this Stipulation and [Proposed] Order Regarding Appointment of a

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discovery referee:

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1.

The parties stipulate to the appointment of Hon. John M. True (Ret.) with ADR

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Services, Inc. as the discovery referee in this matter to resolve evidentiary objections and

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control the conduct of the depositions of Gabrielita Anacleto, Juan Gutierrez and Nojixa

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Anacleto (the “Discovery Referee”).

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2.

As to the deposition of Nojixa Anacleto, the parties agree the conduct of the

deposition will be further subject to any agreement of the parties or orders of the Court.
3.

The Discovery Referee shall resolve any evidentiary objections that arise during the

DENTONS US LLP
ONE MARKET PLAZA, SPEAR TOWER, 24TH FLOOR
SAN FRANCISCO, CA 94105
[phone]

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course of the depositions of Gabrielita Anacleto, Juan Gutierrez, and Nojixa Anacleto, and shall

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have the authority to control the conduct of all attendees at their depositions.

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4.

The Discovery Referee shall be compensated at his rate of $550 per hour and for

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expenses relating to his activities as Discovery Referee. The parties agree to split these costs

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equally.

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5.

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been completed.

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This Stipulation shall remain in effect until the above-referenced depositions have

IT IS SO STIPULATED.
Dated: July 31, 2017

KERLEY SCHAFFER LLP

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By

/s/ Sarah Auten
SARAH AUTEN

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Attorneys for Plaintiffs
GABRIELITA ANACLETO, JUAN GUTIERREZ,
and NOJIXA ANACLETO

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Dated: July 31, 2017

DENTONS US LLP

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By
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/s/ Jeffry Butler
JEFFRY BUTLER

Attorneys for Defendant
ALLSTATE INSURANCE COMPANY
-2Case No. 16-cv-05163-JST

STIPULATION AND [PROPOSED] ORDER

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FILER’S ATTESTATION:
Pursuant to Local Rule 5-1(i)(3) regarding signatures, I attest under penalty of perjury that the
concurrence in the filing of this document has been obtained from its signatories.

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Dated: July 31, 2017

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By:

/s/ Jeffry Butler
JEFFRY BUTLER

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DENTONS US LLP
ONE MARKET PLAZA, SPEAR TOWER, 24TH FLOOR
SAN FRANCISCO, CA 94105
[phone]

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-3Case No. 16-cv-05163-JST

STIPULATION AND [PROPOSED] ORDER

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[PROPOSED] ORDER

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Based on the parties’ stipulation, it is hereby ordered that:

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1.

Hon. John M. True (Ret.) with ADR Services, Inc. is assigned as the discovery referee

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in this matter to resolve evidentiary objections and control the conduct of the depositions of

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Gabrielita Anacleto, Juan Gutierrez, and Nojixa Anacleto (the “Discovery Referee”).

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DENTONS US LLP
ONE MARKET PLAZA, SPEAR TOWER, 24TH FLOOR
SAN FRANCISCO, CA 94105
[phone]

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2.

As to the deposition of Nojixa Anacleto, the parties agree the conduct of the

deposition will be further subject to any agreement of the parties or orders of the Court.
3.

The Discovery Referee shall resolve any evidentiary objections that arise during the

course of the depositions of Gabrielita Anacleto, Juan Gutierrez, and Nojixa Anacleto, and shall have
the authority to control the conduct of all attendees at their depositions.
4.

The Discovery Referee shall be compensated at his rate of $550 per hour and for

expenses relating to his activities as Discovery Referee. The parties agree to split these costs equally.

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IT IS SO ORDERED.

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Dated:

_____________________________________

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HON. JON S. TIGAR
United States District Judge

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-4Case No. 16-cv-05163-JST

STIPULATION AND [PROPOSED] ORDER