Ellis v. Navarro et al

Filing 65

ORDER re 63 Stipulation filed by Nicholas Bart Ellis, Brian Gardner, Frederick Juarez, Anthony Navarro. Discovery hearing set for 11/30/2011 is VACATED. Signed by Magistrate Judge Donna M. Ryu on 11/30/2011. (dmrlc1, COURT STAFF) (Filed on 11/30/2011)

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PILLSBURY WINTHROP SHAW PITTMAN LLP
THOMAS V. LORAN III (SBN 95255)
MARCH H. AXELBAUM (SBN 209855)
50 Fremont Street
Post Office Box 7880
San Francisco, CA 94120-7880
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff
NICHOLAS BART ELLIS

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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STIPULATION AND PROPOSED
ORDER REGARDING DISCOVERY

Plaintiff,

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Case No. C 07-5126 SBA (DMR)

NICHOLAS BART ELLIS,

v.
A. NAVARRO, et al.
Defendants.

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RECITALS

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WHEREAS the parties met and conferred regarding outstanding discovery disputes at

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issue in Docket 59 during a conference on November 29, 2011 before Hon. Laurel Beeler,

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and with the participation of Judge Beeler.

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WHEREAS Pelican Bay State Prison's Litigation Coordinator, William Barnts, and
Jason S.Y. Gatchalian, Staff Counsel for the California Department of Corrections and

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Rehabilitation, participated in the conference.
WHEREAS the parties have resolved their disputes concerning deposition scheduling
and protocol.

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Page 1
Stip. and Prop Order Regarding Discovery
Case No. C 07-5126 SBA (DMR)

STIPULATION

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NOW, Therefore, the parties, through undersigned counsel, hereby STIPULATE and
agree as follows:
1) Fact depositions of witnesses located in and around Crescent City, California will

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take place on January 6, 7, 8, 9 and 10, 2012 in a secure facility at Pelican Bay State Prison.
2) Plaintiff will be present at at least the following depositions to be held on January

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6, 9 and 10: Defendants Juarez, Gardner and Navarro; Officers Williams, Bustamante,

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Lesina, Wilber and Leach.

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3) Plaintiff's and Officer J. Puente's depositions will take place on either January 7 or

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8, to be determined by the parties.
4) Plaintiff's counsel will have access to prepare Plaintiff on January 5, 2012. Pelican

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Bay State Prison will make best efforts to ensure that this session takes place using rooms

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equipped with a two-way intercom that works automatically for counsel (i.e., does not require

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manual depression of an intercom button by counsel).

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5) This Stipulation does not affect any of the filing or hearing dates set in the
Stipulation and Proposed Order Modifying Order for Pretrial Preparation (Dkt. 53).
6) The parties will designate expert witnesses by December 30, 2012 and rebuttal
experts, if any, by January 13.
7) The expert discovery cut-off will be January 25, 2012.

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8) The parties ask the court to enter an order memorializing these dates to facilitate
the orderly completion of discovery going forward.
9) The hearing regarding discovery disputes scheduled for November 30, 2011 before
the Honorable Donna M. Ryu is no longer necessary and may be vacated.

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Stip. and Prop Order Regarding Discovery
Case No. C 07-5126 SBA (DMR)

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Dated: November 29, 2011

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PILLSBURY WINTHROP SHAW PITTMAN LLP
THOMAS V. LORAN III
MARC H. AXELBAUM
/s Marc H. Axelbaum
Marc H. Axelbaum
Attorneys for Plaintiff NICHOLAS BART ELLIS

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ANDRADA & ASSOCIATES
J. RANDALL ANDRADA
MATTHEW ROMAN
180 Grand Avenue, Suite 225
Oakland, CA 94612

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/s Matthew Roman
Matthew Roman
Attorneys for Defendants
SERGEANT A. NAVARRO
CORRECTIONAL OFFICER F. JUAREZ
CORRECTIONAL OFFICER B. GARDNER

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DECLARATION PURSUANT TO GENERAL ORDER 45, sec. X.B

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I, Marc H. Axelbaum, hereby declare pursuant to General Order 45, sec. X.B., that I

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have obtained the concurrence in the filing of this document from the signatory listed below.

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I declare under penalty of perjury that the foregoing is true and correct.

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Executed on November 29, 2011, at Oakland, California.

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/s Marc H. Axelbaum
Marc H. Axelbaum
Attorneys for Plaintiff NICHOLAS BART ELLIS

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ORDER

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Pursuant to the parties' stipulation, the court adopts the above discovery procedures

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and dates, which do not modify any of the filing or hearing dates before the district court.

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The court vacates the discovery hearing set for November 30, 2011, at 11 a.m.

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IT IS SO ORDERED.
DATED: Nov. 30, 2011

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_________________________
DONNA M. RYU
United States Magistrate Judge
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Stip. and Prop Order Regarding Discovery
Case No. C 07-5126 SBA (DMR)