McClure v. Prisoner Transportation Services of America, LLC ( 2019 )

1 TALIA L. DELANOY (SBN: 239973) tdelanoy@grsm.com 2 GORDON REES SCULLY MANSUKHANI, LLP 3 Park Center Drive, Suite 200 3 Sacramento, CA 95825 Telephone: (415) 875-3343 4 Facsimile: (916) 920-4402 5 Attorneys for Defendant/Cross-Defendant/Cross- 6 Claimant ALBERT T. GONZALEZ, JR. 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 TERRY RENEE MCCLURE, Case No.: 1:18-CV-00176-DAD-SKO 11 DUSTIN HUBBARD, 12 Plaintiffs, STIPULATION REGARDING COURT- ORDERED DEPOSITION OF PLAINTIFF 13 vs. DUSTIN HUBBARD; ORDER 14 PRISONER TRANSPORTATION SERVICES (Doc. 106) OF AMERICA, LLC, CLEVELAND 15 ROBERT WHEELER, LETICIA MONIQUE AVALOS, FAUSTO AVALOS 16 Defendants. 17 18 LETICIA MONIQUE AVALOS, FAUSTO AVALOS, 19 Third-Party Plaintiffs, 20 v. 21 ALBERT T. GONZALEZ, 22 Third-Party Defendant. 23 24 On November 20, 2019, the Court held a telephonic hearing on Plaintiff Dustin Hubbard's 25 Motion for Protective Order. (Doc. [102].) Stratton Barbee, Esq., appeared on behalf of Plaintiff 26 Hubbard. Quentin Cedar, Esq. and Brandon Gnekow, Esq. appeared on behalf of Defendants 27 Prisoner Transportation Services of America, LLC and Cleveland Robert Wheeler. Deborah 28 1 Bartlett, Esq., appeared on behalf of Defendants Leticia Monique Avalos and Fausto Avalos, and 2 Talia Delanoy, Esq., appeared on behalf of the Defendant Albert T. Gonzalez. Judge Oberto issued 3 a minute order on November 21, 2019 as follows: “As set forth on the record, to accommodate 4 Plaintiff Hubbard's request to conduct his deposition in the most cost-effective manner given his 5 indigency (and despite his having had adequate notice of the place and time of the deposition), the 6 Motion for Protective Order is GRANTED insofar as it seeks a continuance of Plaintiff Hubbard's 7 deposition, currently set for November 21, 2019, in Sacramento, California. See Douglas v. Shasta 8 Cty., No. CIV S-08-2058-FCD-CMK, 2010 WL 760643, at *3 (E.D. Cal. Mar. 4, 2010).” 9 The Court ordered that “Plaintiff Hubbard's deposition SHALL be conducted in person and 10 take place on December 11, 2019, at 11:00 A.M. in Sacramento, California, with Plaintiff Hubbard 11 to bear the expense of his travel to the deposition.” The Court further ordered that “Plaintiff's 12 Motion for Protective Order is in all other respects DENIED.” 13 The parties hereby stipulate and agree that the deposition of Plaintiff DUSTIN HUBBARD, 14 currently scheduled for December 11, 2019 at 11:00 a.m., will be rescheduled to December 10, 15 2019 at 11:00 a.m. per the agreement of the parties, and will take place at the offices of Gordon 16 Rees Scully Mansukhani, LLP, 3 Parkcenter Drive, Suite 200, Sacramento, CA 95825. All other 17 orders of the court as indicated in the November 21, 2019 minute order are unchanged. 18 IT IS SO STIPULATED. 19 Dated: November 22, 2019 GORDON REES SCULLY MANSUKHANI, LLP 20 By: /s/ Talia L. Delanoy 21 TALIA L. DELANOY 22 Attorneys for Defendant/Cross-Defendant/Cross- Claimant Albert T. Gonzales, Jr. 23 Dated: November 22, 2019 LAW OFFICES OF STRATTON S. BARBEE 24 25 By: /s/ Stratton S. Barbee 26 STRATTON S. BARBEE Attorney for Plaintiffs 27 28 1 Dated: November 22, 2019 WILKINS, DROLSHAGEN & CZESHINSKI, LLP 2 3 By: /s/ Quentin Cedar QUENTIN CEDAR 4 Attorneys for Defendant/Cross-Defendant/Cross- Claimant Prisoner Transportation Services of 5 America, LLC and Cleveland Robert Wheeler 6 Dated: November 22, 2019 PORTER SCOTT, APC 7 8 By: /s/ C.M. Brandon Genkow C.M. BRANDON GNEKOW 9 Attorneys for Defendant/Cross-Defendant/Cross- Claimant Prisoner Transportation Services of 10 America, LLC and Cleveland Robert Wheeler 11 Dated: November 22, 2019 POWERS MILLER 12 13 By: /s/ Deborah Lee Partlett 14 DEBORAH LEE PARTLETT Attorneys for Defendants/Cross-Claimants/Third 15 Party Plaintiffs Fausto Avalos and Leticia Monique Avalos 16 ORDER 17 18 Pursuant to the parties’ above Stipulation (Doc. 106), it is hereby ordered that the 19 deposition of Plaintiff Dustin Hubbard is rescheduled to take place on December 10, 2019, at 20 11:00 a.m. at the office of Gordon Rees Scully Mansukhani, LLP in Sacramento. All other 21 orders of the Court as set forth in the November 21, 2019 minute order remain unchanged. 22 IT IS SO ORDERED. 23 Sheila K. Oberto Dated: November 25, 2019 /s/ . 24 UNITED STATES MAGISTRATE JUDGE 25 26 27 28