Marker v. City of San Jose et al

Filing 110

STIPULATION AND ORDER 104 to Strike the Original Declaration of Richard D. North in Support of Defendant's Opposition to Plaintiff's Motion In Limine #6. Signed by Judge Ronald M. Whyte on 6/18/14. (jgS, COURT STAFF) (Filed on 6/18/2014)

1
2
3
4
5
6
7

RICHARD DOYLE, City Attorney (#88625)
NORA FRIMANN, Assistant City Attorney (#93249)
RANDOLPH S. HOM, Senior Deputy City Attorney (#152833)
RICHARD D. NORTH, Deputy City Attorney (#225617)
Office of the City Attorney
200 East Santa Clara Street
San Jose, California 95113
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
Attorneys for Defendants
CITY OF SAN JOSE and SON VU

8

UNITED STATES DISTRICT COURT
NORTHERN DISTR!CT OF CALIFORNIA
SAN JOSE FACILITY

9
10
11
12

NO.: C09-05956 RMW

MERCEDES MARKER,
Plaintiff,

13

PARTIES STIPULATION AND REQUEST
TO STRIKE THE ORIGINAL
DECLARATION OF RICHARD D. NORTH
IN SUPPORT OF DEFENDANTS’
OPPOSITION TO PLAINTIFF’S MOTION
IN LIMINE #6 AND ATTACHMENT;
[PROPOSED] ORDER

V.

14

CITY OF SAN JOSE and SON VU,

15

Defendants.

16
17
18
19

STIPULATION
Plaintiff MERCEDES MARKER ("Plaintiff’) and defendants CITY OF SAN JOSE

2O and SON VU ("Defendants") (collectively the "Parties") hereby stipulate and agree as
21 follows:
22

(1)

The copy of Exhibit A, sole attachment to the original Declaration of Richard

23

D. North in Support of Defendants’ Opposition to Plaintiff’s Motion in Limine

24

#6, filed February 7, 2014 ("Original Declaration/Exhibit"), was, by

25

inadvertence and mistake, incompletely redacted at the time of filing.

26
27
28

(2)

The Exhibit A attached to the Amended Declaration of Richard D. North in
Support of Defendants’ Opposition to Plaintiff’s Motion in Limine #6, filed
1

PARTIES’ STIP. AND REQ. TO STRIKE THE ORIG. DECLARATION OF
RICHARD D. NORTH ISO DEFTS’ OPP. TO P’S MIL#6 AND ATTACHMENT;
[PROPOSED] ORDER

C09-05956 RMW
1058975

1

herewith on February 11, 2014 ("Amended Exhibit"), is fully redacted and

2

shall replace the Original Exhibit.

3

(3)

The Parties have a mutual interest in ensuring that confidential information is

4

appropriately redacted from documents filed with the Court and agree that

5

no penalty, sanction or consequence shall result from the substitution of the

6

Amended Declaration and Exhibit for the Original Declaration and Exhibit.

7
8

(4)

The Parties respectfully request that the Courl strike the Original Declaration
and Exhibit from the Court’s record of the above-captioned case.

9
Respectfully submitted,

10
11

Dated: February 11,2014

RICHARD DOYLE, City Attorney

12

By:

13
14

/s/
RICHARD D. NORTH
Deputy City Attorney

Attorneys for CITY OF SAN JOSE
and SON VU

15
16

Respectfully submitted,

17
18

Dated: February 11,2014

Law Office of Michael Millen

19

By:

2O
21

/s/
MICHAEL MILLEN

Attorney for MERCEDES MARKER

22
23
24
25
26
27
28

2
PARTIES’ STIP. AND REQ. TO STRIKE THE ORIG. DECLARATION OF
RICHARD D. NORTH ISO DEFTS’ OPP. TO P’S MIL#6 AND ATTACHMENT;
[PROPOSED] ORDER

C09-05956 RMW
1058975

[PROPOSED] ORDER

1
2

The Court has reviewed the Parties’ stipulation above and hereby approves.

3

(1)

The Declaration of Richard D. North in Support of Defendants’

4

Opposition to Plaintiff’s Motion in Limine #6 and attached Exhibit A,

5

filed February 7, 2014, shall be stricken from the Court’s record of

6

Marker v. City of San Jose, Case No: C09-05956 RMW.
(Docket #103)
(2)

7

The Amended Declaration of Richard D. North in Support of

8

Defendants’ Opposition to Plaintiff’s Motion in Limine #6 and attached

9

Exhibit A, filed February 11, 2014, shall be accepted by the Court.

10
11

Dated:

,2014

12
HON. RONALD M. WHYTE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3
PARTIES’ STIP. AND REQ. TO STRIKE THE ORIG. DECLARATION OF
~,ICHARD D. NORTH ISO DEFTS’ OPP. TO P’S MIL#6 AND ATTACHMENT;
[PROPOSED] ORDER

C09-05956 RMW
1058975