Marker v. City of San Jose et al

Filing 59

STIPULATION AND ORDER 58 Re: Expert Disclosure and Discovery - Motions Terminated: re 52 MOTION to Extend Time to Disclose Expert Witness Peter Cassini, MD - Independent Medical Examiner, 56 Reply to Opposition/Response, [55 ] Opposition/Response to Motion filed by Mercedes Marker, Son Vu, City of San Jose, 52 MOTION to Extend Time to Disclose Expert Witness Peter Cassini, MD - Independent Medical Examiner filed by Son Vu, City of San Jose. Signed by Judge Ronald M. Whyte on 5/22/13. (jg, COURT STAFF) (Filed on 5/22/2013)

1
2
3
4
5
6
7

RICHARD DOYLE, City Attorney (#88625)
NORA FRIMANN, Chief Trial 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 DISTRICT OF CALIFORNIA
SAN JOSI~ FACILITY

9
10
11
12

MERCEDES MARKER,
Plaintiff,

13
V.

14
15

CITY OF SAN JOSE and SON VU,
Defendants.

16
17
18
19
2O
21
22

25
26

PARTIES’ STIPULATION RE: EXPERT
DISCLOSURE AND DISCOVERY;
[PROPOSED ORDER]
May24, 2013
(off calendar by stipulation below)
TIME: 9 a.m.
CTRM: 6, 4th Floor
JUDGE: Hon. Ronald M. Whyte
DATE:

STIPULATION
Plaintiff MERCEDES MARKER ("Plainti~’) and defendants CITY OF SAN JOSE
and SON VU ("Defendants") (collective y the "Parties") hereby stipulate and agree as
follows:

(1)

Plaintiff accepts Defendants’ designation of Dr. Paul C. Cassini as a Rule
26(a)(2) expert in this case based upon the disclosures made to date and no

23
24

NO.: C09-05956 RMW

further Rule 26(a)(2)(B) disclosure need be made;
(2)

Plaintiff will take Dr. Cassini’s deposition at his Palo Alto office on May 22,
2013 at 10:00 a.m.;

27
28
PARTIES’ STIPULATION IRE: EXPERT DISCLOSURE AND DISCOVERY;
[PROPOSED] ORDER

C09-05956 RMW
976946

1

(3)

On or before May 22, 2013 at 10:00 a.m., Defendants and/or Dr. Cassini will

2

provide Plaintiff with: (a) all documents in Dr. Cassini’s possession

3

concerning the Plaintiff; and (b) all communications, including billings, if any,

4

between Dr. Cassini and Defendants’ counsel;

5

(4)

Plaintiff will have seven business days from the date of the deposition of Dr.

6

Cassini to designate a Rule 26(a)(2)(D)(ii) rebuttal expert to Dr. Cassini who

7

will then be subject to deposition no later than June 12, 2013. If plaintiff

8

designates Dr. Scott M Taylor as a rebuttal expert, no further disclosure

9

need be made except for a brief statement of the general substance of the
rebuttal testimony Dr. Taylor is expected to give.

10
11

(5)

Defendants accept Plaintiff’s designation of Dr. Scott M. Taylor as a Rule

12

26(a)(2) expert in this case based upon the disclosures made to date and no

13

further Rule 26(a)(2)(B) disclosure need be made;

14

(6)

15
16

Defendants will take Dr. Taylor’s deposition at his Oakland office on May 31,
2013 at 10:00 a.m.;

(7)

On or before May 31, 2013 at 10:00 a.m., Plaintiff and/or Dr. Taylor will

17

provide Defendants with: (a) all documents in Dr. Taylor’s possession

18

concerning the Plaintiff; and (b) all communications, including billings, if any,

19

between Dr. Taylor and Plaintiff’s counsel;

2O

(8)

Defendants will have seven business days from the date of the deposition of

21

Dr. Taylor to designate a Rule 26(a)(2)(D)(ii) rebuttal expert to Dr. Taylor

22

who will then be subject to deposition no later than June 12, 2013;

23

(9)

The Parties shall cover their own deposition costs;

24
25
26
27
28

2
PARTIES’ STIPULATION RE: EXPERT DISCLOSURE AND DISCOVERY;
[PROPOSED] ORDER

C09-05956 RMW
976946

1

(lO)

The May 24, 2013 hearing on Defendants’ Motion to Extend Time for Expert

2

Disclosure and Expert Discovery as to the Independent Medical Examiner

3

Only ("Motion") is taken off calendar.

4
Respectfully submitted,

5
6

Dated: May 21, 2013

RICHARD D

7

~"
~Clty At.torn~

By:
NORTH "-.
Deputy’~ity Attorney

8
9

Attorneys for CITY OF SAN JOSE
and SON VU

10
11

Respectfully submitted,

12
13

Dated: May 21, 2013

Law Office of Michael Millen

14

By:

15

M ;HAEL MILLEN

16

Attorney for MERCEDES MARKER

17
18

[PROPOSED] ORDER

19
20
21

The Court has reviewed the Parties’ stipulation above and hereby approves. The
May 24, 2013 hearing on Defendants’ Motion is taken off calendar.

22
23

Dated: May__., 2013

24
HON. RONALD M. WHYTE

25
26
27
28

3
PARTIES’ STIPULATION IRE: EXPERT DISCLOSURE AND DISCOVERY;
[PROPOSED] ORDER

C09-05956 RMW
976946