R.K. v. Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, et al

Filing 78

STIPULATION AND ORDER re: 77 Stipulation filed by Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, LDS Social Services. Signed by Judge Ricardo S Martinez. (SES)

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R.K. v. Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, et al Doc. 78 Case 2:04-cv-02338-RSM Document 78 Filed 01/23/2006 Page 1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 A. Recitals The Honorable Ricardo S. Martinez UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE KENNETH FLEMING, JOHN DOE, R.K. and T.D. v. Plaintiff, NO. 04-2338 RSM STIPULATION AND ORDER TO PERMIT JACK ONEFREY TO ENTER UNITED STATES FOR DEPOSITION THE CORPORATION OF THE PRESIDENT OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a Utah corporation sole, a/k/a "MORMON CHURCH"; LDS SOCIAL SERVICES a/k/a LDS FAMILY SERVICES, a Utah corporation Defendant. I. INTRODUCTION Whereas the Parties above-named are seeking to complete deposition discovery by February 27, 2006, they hereby represent and agree as follows: 1. Jack Onefrey has been identified by the parties as a key witness in the above-captioned matter; 2. Plaintiffs in the above described action have noted the deposition of Mr. Jack Onefrey for Friday, January 27, 2006; STIPULATION AND ORDER PERMITTING ONEFREY TO ENTER UNITED STATES - 1 04-2338 RSM 7566-025226 64244 TE L P R O F E S S I O N AL C O R P O R ATI O N 601 Union Street, Suite 3100 Seattle WA 98101.1374 206.623.9900 F AX 206.624.6885 Dockets.Justia.com Case 2:04-cv-02338-RSM Document 78 Filed 01/23/2006 Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 3. 4. Mr. Onefrey is a citizen and resident of British Columbia, Canada; The parties believe that the interest of justice will be served by Mr. Onefrey's appearance at the deposition on January 27, 2006; and 5. The parties wish to avoid any scheduling difficulties with the deposition which might arise should Mr. Onefrey be denied entry into the United States en route to his January 27, 2006 deposition which is scheduled to take place in Seattle, NOW, THEREFORE, the parties hereby stipulate as follows: II. STIPULATION OF THE PARTIES 1. Mr. Onefrey shall, subject to Order of this Court, be deposed in the United States of America, State of Washington, at the place and time designated on the attached Notice of Deposition; and 2. They (the parties) jointly request that the court enter the subjoined Order authorizing and directing (a) that Mr. Onefrey be allowed entry into the United States no earlier than January 25, 2006 and (b) that Mr. Onefrey return to Canada and depart from the United States no later than 6:00 pm on January 28, 2006. III. ORDER The Court, having considered the above mutual Recitals and Stipulation of the parties, and deeming itself fully advised of the premises, hereby ORDERS, ADJUDGES, AND DECREES as follows: 1. Mr. Jack Onefrey, a witness in the above captioned case, is hereby authorized to enter the United States no earlier than Wednesday, January 25, 2006 for the express purpose of appearing at the deposition scheduled for January 27, 2006; STIPULATION AND ORDER PERMITTING ONEFREY TO ENTER UNITED STATES - 2 04-2338 RSM 7566-025226 64244 TE L P R O F E S S I O N AL C O R P O R ATI O N 601 Union Street, Suite 3100 Seattle WA 98101.1374 206.623.9900 F AX 206.624.6885 Case 2:04-cv-02338-RSM Document 78 Filed 01/23/2006 Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 By: 2. Mr. Onefrey shall present himself to officials at the Aldergrove Port of Entry into the United States; 3. 4. Mr. Onefrey is authorized to meet with his attorney prior to the deposition. Upon completion of his deposition, Mr. Onefrey shall return to Canada and shall depart the United States no later than 6:00 pm on Saturday, January 28, 2006. 5. The United States Department of Homeland Security and the United States Border Patrol and any other U.S. government agencies or personnel are directed to and shall admit Mr. Onefrey into the United States at such time as he presents himself at the Aldergrove Port of Entry. DATED THIS 23 day of January, 2006. A RICARDO S. MARTINEZ UNITED STATES DISTRICT JUDGE Prepared and presented by: STAFFORD FREY COOPER By: /s/ Marcus B. Nash via ECF Thomas D. Frey, WSBA #1908 Marcus B. Nash, WSBA #14471 Attorneys for Defendants COP and LDS Family Services Agreed, approved as to form and substance, and stipulated: GORDON THOMAS HONEYWELL MALANCA & PETERSON By: /s/ Michael Pfau via ECF Michael Pfau, WSBA #24649 LAW OFFICES OF TIM KOSNOFF /s/ Timothy Kosnoff via ECF Timothy Kosnoff, WSBA #16586 STIPULATION AND ORDER PERMITTING ONEFREY TO ENTER UNITED STATES - 3 04-2338 RSM 7566-025226 64244 TE L P R O F E S S I O N AL C O R P O R ATI O N 601 Union Street, Suite 3100 Seattle WA 98101.1374 206.623.9900 F AX 206.624.6885 Case 2:04-cv-02338-RSM Document 78 Filed 01/23/2006 Page 4 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 STIPULATION AND ORDER PERMITTING ONEFREY TO ENTER UNITED STATES - 4 04-2338 RSM 7566-025226 64244 TE L P R O F E S S I O N AL C O R P O R ATI O N 601 Union Street, Suite 3100 Seattle WA 98101.1374 206.623.9900 F AX 206.624.6885

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