McClure v. Prisoner Transportation Services of America, LLC

1 TALIA L. DELANOY (SBN: 239973) [email protected] GORDON REES SCULLY MANSUKHANI, LLP Park Center Drive, Suite 200 Sacramento, CA 95825 Telephone: (415) 875-3343 Facsimile: (916) 920-4402 Attorneys for Defendant/Cross-Defendant/Cross- Claimant ALBERT T. GONZALEZ, JR. 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA TERRY RENEE MCCLURE, Case No.: 1:18-CV-00176-DAD-SKO DUSTIN HUBBARD, 12 Plaintiffs, STIPULATION REGARDING COURT- ORDERED DEPOSITION OF PLAINTIFF vs. DUSTIN HUBBARD; ORDER PRISONER TRANSPORTATION SERVICES (Doc. 106) OF AMERICA, LLC, CLEVELAND ROBERT WHEELER, LETICIA MONIQUE AVALOS, FAUSTO AVALOS Defendants.

18 LETICIA MONIQUE AVALOS, FAUSTO AVALOS, Third-Party Plaintiffs, v. ALBERT T. GONZALEZ, Third-Party Defendant.

24 On November 20, 2019, the Court held a telephonic hearing on Plaintiff Dustin Hubbard's Motion for Protective Order. (Doc. [102].) Stratton Barbee, Esq., appeared on behalf of Plaintiff Hubbard. Quentin Cedar, Esq. and Brandon Gnekow, Esq. appeared on behalf of Defendants Prisoner Transportation Services of America, LLC and Cleveland Robert Wheeler. Deborah Bartlett, Esq., appeared on behalf of Defendants Leticia Monique Avalos and Fausto Avalos, and Talia Delanoy, Esq., appeared on behalf of the Defendant Albert T. Gonzalez. Judge Oberto issued a minute order on November 21, 2019 as follows: “As set forth on the record, to accommodate Plaintiff Hubbard's request to conduct his deposition in the most cost-effective manner given his indigency (and despite his having had adequate notice of the place and time of the deposition), the Motion for Protective Order is GRANTED insofar as it seeks a continuance of Plaintiff Hubbard's deposition, currently set for November 21, 2019, in Sacramento, California. See Douglas v. Shasta 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 take place on December 11, 2019, at 11:00 A.M. in Sacramento, California, with Plaintiff Hubbard to bear the expense of his travel to the deposition.” The Court further ordered that “Plaintiff's Motion for Protective Order is in all other respects DENIED.”

13 The parties hereby stipulate and agree that the deposition of Plaintiff DUSTIN HUBBARD, currently scheduled for December 11, 2019 at 11:00 a.m., will be rescheduled to December 10, 2019 at 11:00 a.m. per the agreement of the parties, and will take place at the offices of Gordon Rees Scully Mansukhani, LLP, 3 Parkcenter Drive, Suite 200, Sacramento, CA 95825. All other orders of the court as indicated in the November 21, 2019 minute order are unchanged.

18 IT IS SO STIPULATED.

Dated: November 22, 2019 GORDON REES SCULLY MANSUKHANI, LLP

By: /s/ Talia L. Delanoy TALIA L. DELANOY 22 Attorneys for Defendant/Cross-Defendant/Cross- Claimant Albert T. Gonzales, Jr. Dated: November 22, 2019 LAW OFFICES OF STRATTON S. BARBEE By: /s/ Stratton S. Barbee 26 STRATTON S. BARBEE Attorney for Plaintiffs Dated: November 22, 2019 WILKINS, DROLSHAGEN & CZESHINSKI, LLP

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 Dated: November 22, 2019 PORTER SCOTT, APC 8 By: /s/ C.M. Brandon Genkow C.M. BRANDON GNEKOW 9 Attorneys for Defendant/Cross-Defendant/Cross- Claimant Prisoner Transportation Services of America, LLC and Cleveland Robert Wheeler Dated: November 22, 2019 POWERS MILLER By: /s/ Deborah Lee Partlett 14 DEBORAH LEE PARTLETT Attorneys for Defendants/Cross-Claimants/Third 15 Party Plaintiffs Fausto Avalos and Leticia Monique Avalos ORDER 18 Pursuant to the parties’ above Stipulation (Doc. 106), it is hereby ordered that the deposition of Plaintiff Dustin Hubbard is rescheduled to take place on December 10, 2019, at 11:00 a.m. at the office of Gordon Rees Scully Mansukhani, LLP in Sacramento. All other 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/ .

UNITED STATES MAGISTRATE JUDGE