Opinion
Case No. C07-4494 JSW.
February 3, 2009
DENNIS J. HERRERA, State Bar #139669, City Attorney, JOANNE HOEPER, State Bar #114961, Chief Trial Deputy, SCOTT D. WIENER, State Bar #189266, DANIEL A. ZAHEER, State Bar #237118, Deputy City Attorney, San Francisco, California, Attorneys for Defendants.
STIPULATION AND [ PROPOSED] ORDER RE DISCOVERY ON LOST-EARNINGS CLAIM BY PLAINTIFF
WHEREAS the parties disclosed experts on January 30, 2009;
WHEREAS plaintiff disclosed several experts who opined that Plaintiff has reduced ability to earn income in the future as a surgeon as a result of injuries sustained during the subject incident;
WHEREAS based on such expert opinions, Plaintiff is making a wage-loss claim that may be as large as $8,000,000;
WHEREAS the parties have a dispute about whether Plaintiff adequately disclosed this wage-loss claim during discovery, with Plaintiff contending that he did and that the claim is therefore proper, and Defendants contending that he did not and that the claim is therefore excludable on motion to strike or motion in limine;
AND WHEREAS the parties have met and conferred and determined that discovery into the wage-loss claim is appropriate at this point in time;
THE PARTIES HEREBY AGREE AND STIPULATE, subject to approval of the Court, that Defendants may take discovery into Plaintiff's wage-loss claim by subpoenaing Plaintiff's employment records and taking appropriate depositions.
SO ORDERED.