Opinion
GERI LYNN GREEN, LAW OFFICES OF GREEN & GREEN, LLP, San Francisco, California, Attorneys for Plaintiffs SHERIE LEMIRE, GERARD ST. JOVITE, NICOLE ST. JOVITE, THE ESTATE OF ROBERT ST. JOVITE.
KAMALA D. HARRIS Attorney General of California, CHRISTOPHER J. BECKER, Supervising Deputy Attorney General, Diana Esquivel, Deputy Attorney General, Attorneys for Defendants.
STIPULATION AND ORDER FOR EXTENSION OF DEADLINE TO TAKE THE DEPOSITION OF GERARD ST. JOVITE DUE TO HIS MEDICAL UNAVAILABILITY, FILE OBJECTIONS TO TRANSCRIPT DESIGNATIONS
GARLAND E. BURRELL, Jr., District Judge.
The undersigned hereby stipulate to and request extensions of the discovery deadline for the taking of the deposition of Gerard St. Jovite to July 27, 2015 and the filing Objections to transcript counter designations to August 4, 2015.
Gerard St. Jovite, father of the deceased and one of the Plaintiffs in this action, has recently suffered multiple cardiac events and is now suffering with various related medical conditions for which he has just had two successive major surgeries which will preclude his ability to testify at trial. Defendants did not take his deposition prior to this time, and Plaintiffs had anticipated his testimony to be presented, live, at trial. That is no longer possible given his medical condition.
The parties request that the Court extend the deadline for the taking of Mr. St. Jovite's deposition to July 27, 2015, in order to allow the parties to preserve his testimony for presentation at trial which is scheduled to start on August 4, 2015.
The parties agree that Mr. St. Jovite's deposition will be videotaped, with Plaintiffs bearing all costs related to the audio/video recording of the deposition and expediting the transcript. The parties further agree that the jury will not be told why Mr. St. Jovite could not appear in person at the trial (i.e., his medical conditions).
The parties also request that the Court allow them to file objections to designations of transcripts and audio visual recordings of that testimony. Designations and objections to be due no later than August 4, 2015.
IT IS SO STIPULATED.
ORDER
The parties' stipulated request for an extension of the discovery deadline for the limited purpose of taking the deposition of Gerard St. Jovite to preserve his testimony for trial is granted. The parties have until July 27, 2015 to complete the deposition, and designations and objections to the deposition transcript shall be filed no later than August 4, 2015.
IT IS SO ORDERED.