Kidgell v. County of Santa Clara et al

Filing 167

STIPULATION AND ORDER re 164 Allowing Defendants to Issue Third Party Subpoena for Certain Records. Signed by Magistrate Judge Howard R. Lloyd on 4/13/2011. (hrllc2, COURT STAFF) (Filed on 4/13/2011)

1 MIGUEL MÁRQUEZ, County Counsel (S.B. #184621)
DAVID M. ROLLO, Deputy County Counsel (S.B. #111998)
2 NEYSA A. FLIGOR, Deputy County Counsel (S.B. #215876)
OFFICE OF THE COUNTY COUNSEL
3 70 West Hedding Street, East Wing, Ninth Floor
San Jose, California 95110-1770
4 Telephone: [phone]
Facsimile: [phone]
5
Attorneys for Defendants
6 OFFICERS WHEELER, QUIRO,
CUNNINGHAM, TAIARIOL, LOPEZ,
7 MORIN, ROGGY, RHODES, HELIKSON,
AND ASBAN
8
9 SAYURI K. SHARPER (S.B. #232331)
PRO BONO PROJECT SILICON VALLEY
10 480 N. First Street
San Jose, CA 95112
11 Telephone: [phone]
Facsimile: [phone]
12
Attorney for Plaintiff Gary H. Kidgell
13
14

UNITED STATES DISTRICT COURT

15

NORTHERN DISTRICT OF CALIFORNIA

16

SAN JOSE DIVISION

17
18 GARY H. KIDGELL,
19
20

Plaintiff,
v.

21 COUNTY OF SANTA CLARA, et al.,
22

No.: C 08-03396 JW
ORDER APPROVING
STIPULATION AND REQUEST FOR
ORDER ALLOWING DEFENDANTS TO
ISSUE THIRD PARTY SUBPOENA FOR
CERTAIN RECORDS
[Re: Docket No. 164]

Defendants.

23
24

Plaintiff Gary H. Kidgell (“Plaintiff”) and Defendants Sergeants Joseph Lopez and

25 Michael Morin, and Officers Elmer Wheeler, Jon Quiro, Andrew Cunningham, Anthony Taiariol,
26 Michael Roggy, Lynda Rhodes, Myrna Helikson, and Michelle Asban (“Defendants”) respectfully
27 submit this stipulated Request for Order Allowing Defendants to issue a third party subpoena for
28
Stipulation and Request for Order Allowing Defendants
to Issue Third Party Subpoena for Certain Records

1

C 08-03396 JW

1 certain records for the following reasons:
2

1.

The last day for fact discovery in this matter was January 8, 2010.

3

2.

Prior to close of discovery, Defendants had requested and obtained copies of the x-

4 rays that were taken of Plaintiff Gary Kidgell’s right wrist on January 2, 2008 at the Kaiser Santa
5 Clara Hospital related to his alleged injuries in this matter. Defendants, however, have misplaced
6 their copies and would like to obtain new copies in preparation for trial. (Declaration of Neysa
7 Fligor in support of Stipulation and Request for Order Allowing Defendants to issue a Third Party
8 Subpoena, ¶ 2.)
9

3.

The parties have agreed to allow Defendants to issue a third party subpoena to

10 Kaiser Santa Clara Hospital to obtain new copies of the subject x-ray.
11

4.

Therefore, the parties ask the Court to issue an order allowing Defendants to issue a

12 third party subpoena to Kaiser Santa Clara Hospital requesting copies of the subject x-ray.
13 Dated: April 5, 2011

Respectfully submitted,

14

MIGUEL MÁRQUEZ
County Counsel

15
16

By:

17
18

/S/
NEYSA A. FLIGOR
Deputy County Counsel

.

Attorneys for Defendants
OFFICERS WHEELER, QUIRO,
CUNNINGHAM, TAIARIOL, LOPEZ,
MORIN, ROGGY, RHODES, HELIKSON,
AND ASBAN

19
20
21
22

Dated: April 5, 2011

23

PRO BONO PROJECT SILCON VALLEY
By:

24

/S/ Sayuri K. Sharper
SAYURI K. SHAPRER

.

Attorney for Plaintiff
GARY H. KIDGELL

25
26
///
27
///
28
Stipulation and Request for Order Allowing Defendants
to Issue Third Party Subpoena for Certain Records

2

C 08-03396 JW

1
2

ORDER
Pursuant to the above stated stipulation by the parties, Defendants may issue a third party

3 subpoena to Kaiser Santa Clara Hospital requesting copies of the subject x-ray.
4 PURSUANT TO STIPULATION, IT IS SO ORDERED.
April 13, 2011
5 Dated: ______________________

_____________________________________
THE HORORABLE JAMES WARE
==========================
United States District Court Judge
==========
Magistrate

6
7

Howard R. Lloyd

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Stipulation and Request for Order Allowing Defendants
to Issue Third Party Subpoena for Certain Records

3

C 08-03396 JW