Opinion
LONGYEAR, O'DEA & LAVRA, LLP, John A. Lavra, CSB No. 114533, Amanda L. Butts, CSB No. 253651 Kelley S. Kern, CSB No. 221265, Sacramento, CA, Attorneys for Defendants County of Sacramento; Deputy Hoertsch; Deputy Hampton; Deputy Gregory (Sacramento County Employees)
ELLEN C. DOVE, Esq., CSBN 64034, Sacramento, CA, Attorney for Plaintiffs Dobrowski, McGowan, Trudeau, Sullivan, Zander, Wallace and Smith.
STIPULATION AND [PROPOSED] ORDER TO DEPOSE OUT OF STATE PRISONER PLAINTIFF BY REMOTE MEANS Local Rule 143
KENDALL J. NEWMAN, Magistrate Judge.
Pursuant to FRCP 29 and 30, the Parties hereto, by and through their respective counsel, stipulate to allow Defendants to depose Plaintiff, PETER TRUDEAU, by remote means, including videoconference, telephone, and/or teleconference.
Plaintiff PETER TRUDEAU is a Plaintiff in the instant case. Plaintiff PETER TRUDEAU is currently incarcerated in prison in Tutwiler, Mississippi. Plaintiff's counsel, Defendants and Defendants' counsel are all located in Sacramento County, California. The case is venued in the United States District Court, Eastern District of California, Sacramento Division.
In the interest of timely completing discovery and minimizing the costs associated with discovery, the parties jointly propose and STIPULATE as set forth below:
• Defendant may depose Plaintiff PETER TRUDEAU by remote means, including videoconference, telephone, teleconference and/or stenography;
• Plaintiff PETER TRUDEAU will be located in Tutwiler, Mississippi at the time of his deposition, while Plaintiff's counsel, Defendants, Defendants' counsel and officer administering the oath, will be located in Sacramento, California.
• The testimony provided by Plaintiff PETER TRUDEAU during his deposition shall carry the full weight and effect of testimony provided in person, in the presence of counsel and the officer administering the oath.
NOW, THEREFORE, IT IS HEREBY STIPULATED and agreed by Plaintiffs and Defendants, through their respective attorneys of record, that Defendants may depose Plaintiff, PETER TRUDEAU, by remote means, including videoconference, telephone, and/or teleconference. Plaintiff PETER TRUDEAU will be located in Tutwiler, Mississippi and all other parties to the deposition will be located in Sacramento, California. The testimony provided by Plaintiff PETER TRUDEAU during his deposition shall carry the full weight and effect of testimony provided in person, in the presence of counsel and the officer administering the oath.
IT IS SO STIPULATED.
ORDER
Pursuant to stipulation, it is ordered that Defendants may depose Plaintiff, PETER TRUDEAU, by remote means, including videoconference, telephone, and/or teleconference. Plaintiff PETER TRUDEAU will be located in Tutwiler, Mississippi and all other parties to the deposition will be located in Sacramento, California. The testimony provided by Plaintiff PETER TRUDEAU during his deposition shall carry the full weight and effect of testimony provided in person, in the presence of counsel and the officer administering the oath.
IT IS SO ORDERED.