Dragovich et al v. United States Department of the Treasury et al

Filing 105

ORDER Granting 104 Stipulation Regarding Plaintiffs' Expert Witnesses. Signed by Judge Claudia Wilken on 12/22/2011. (Attachments: # 1 Exhibit)(ndr, COURT STAFF) (Filed on 12/22/2011)

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William C. McNeill, III, State Bar No. 64392
Claudia Center, State Bar No. 158255
Elizabeth Kristen, State Bar No. 218227
LEGAL AID SOCIETYEMPLOYMENT LAW CENTER
600 Harrison Street, Suite 120
San Francisco, CA 94107
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
[e-mail]
[e-mail]
Daniel S. Mason, State Bar No. 54065
Patrick Clayton, State Bar No. 240191
Zelle Hofmann Voelbel & Mason LLP
44 Montgomery St Ste 3400
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA (OAKLAND DIVISION)

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MICHAEL DRAGOVICH, MICHAEL
GAITLEY, ELIZABETH LITTERAL,
PATRICIA FITZSIMMONS, CAROLYN
LIGHT, CHERYL LIGHT, DAVID BEERS,
CHARLES COLE, RAFAEL V. DOMINGUEZ,
and JOSE G. HERMOSILLO, on behalf of
themselves and all others similarly situated,
Plaintiffs,
v.
UNITED STATES DEPARTMENT OF THE
TREASURY, TIMOTHY GEITHNER, in his
official capacity as Secretary of the Treasury,
United States Department of the Treasury,
INTERNAL REVENUE SERVICE, DOUGLAS
SHULMAN, in his official capacity as
Commissioner of the Internal Revenue Service,
BOARD OF ADMINISTRATION OF
CALIFORNIA PUBLIC EMPLOYEES’
RETIREMENT SYSTEM, and ANNE
STAUSBOLL, in her official capacity as Chief
Executive Officer, CalPERS,
Defendants.

Case No. CV 4:10-01564-CW
STIPULATION AND PROPOSED ORDER
REGARDING PLAINTIFFS’ EXPERT
WITNESSES

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WHEREAS, plaintiffs will be filing a Motion for Summary Judgment and/or Summary
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Adjudication on January 19, 2012;
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WHEREAS, plaintiffs intend to use expert declarations from the following experts:
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George Chauncey, Nancy F. Cott, Michael Lamb, Letitia Anne Peplau, and Gary Segura;
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WHERAS, these same experts submitted declarations and were deposed in connection
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with a similar pending case, Windsor v. United States, No. 10cv 08435 BSJ JCF (S.D.N.Y.);
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WHEREAS, these depositions were jointly captioned with another similar pending case,
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Pedersen v. OPM, 310 CV 1750 (VLB) (D. Conn.);
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WHEREAS, a May 27, 2011 scheduling order in Pedersen, attached as Exhibit A,
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coordinated the expert discovery in Pedersen and Windsor such that the same expert depositions
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could be used in both cases;
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WHEREAS, the expert declarations plaintiffs intend to submit in this case will be
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substantively identical to the declarations submitted in the Windsor and Pedersen cases;
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THEREFORE, IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS:
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When plaintiffs’ experts George Chauncey, Nancy F. Cott, Michael Lamb, Letitia Anne

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Peplau, and Gary Segura submit declarations in connection with the above-captioned action that
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are substantively identical to those submitted in Windsor and Pedersen, the experts will not be
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subject to deposition. The deposition transcripts of these experts taken in connection with
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Windsor may be used for all purposes in the above-captioned action.
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So stipulated,
LEGAL AID SOCIETY –
EMPLOYMENT LAW CENTER

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Dated: December 21, 2011

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By:

/s/ Claudia Center
Claudia Center, Counsel for Plaintiffs

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Stipulation and Proposed Order
Case No. CV 4:10-01564-CW

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BIPARTISAN LEGAL ADVISORY GROUP
OF THE HOUSE OF REPRESENTATIVES

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Dated: December 21, 2011

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By:

/s/ H. Christopher Bartolomucci
H. Christopher Bartolomucci, Counsel for BLAG

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Stipulation and Proposed Order
Case No. CV 4:10-01564-CW

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GENERAL ORDER 45 ATTESTATION

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In accordance with General Order 45, concurrence in the filing of this document
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has been obtained from each of the signatories and I shall maintain records to support

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this concurrence for subsequent production for the court if so ordered or for inspection

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upon request by a party.

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/s/

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Claudia Center
Claudia Center

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Stipulation and Proposed Order
Case No. CV 4:10-01564-CW

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ORDER
It is so ordered.

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12/22/2011
Dated

UNITED STATES DISTRICT JUDGE

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Stipulation and Proposed Order
Case No. CV 4:10-01564-CW

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