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Gabales v. County of San Joaquin

December 16, 2008

SONJA GABALES INDIVIDUALLY, AND AS PERSONAL AND REPRESENTATIVE OF THE ESTATE OF PHILIP GABALES; L.C., A MINOR, BY AND THROUGH HER GUARDIAN AD LITEM, SONJA GABABLES; PLAINTIFFS,
v.
COUNTY OF SAN JOAQUIN, A MUNICIPAL CORPORATION; ROBERT HEIDLEBACH, IN HIS CAPACITY AS SHERIFF FOR THE COUNTY OF SAN JOAQUIN; ROBERT FOPPIANO, INDIVIDUALLY AND IN HIS CAPACITY AS A DEPUTY SHERIFF FOR THE COUNTY OF SAN JOAQUIN; WILLIAM INSKIP, INDIVIDUALLY; MATTHEW D'VALENTINE, INDIVIDUALLY, AND DOES 1-50, INCLUSIVE, DEFENDANTS.



NOTICE AND ORDER VACATING HEARING DATE RE: PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS BY DEFENDANT COUNTY

TO THE COURT AND ALL COUNSEL OF RECORD: Plaintiffs and Defendant COUNTY have met and conferred pursuant to the Local Rules governing discovery motions and have resolved their discovery dispute that led to the filing of Plaintiffs' Motion to Compel Production of Documents by Defendant COUNTY.

Plaintiffs and Defendant COUNTY have agreed that Defendant COUNTY shall produce Documents in response to Plaintiffs' written discovery that is the subject of Plaintiffs' Motion to Compel Production of Documents (set one) by Defendant COUNTY, as follows:

Plaintiff COUNTY shall produce under a stipulated Protective Order portions of Defendant Deputy FOPPIANO's personnel and Internal Affairs files, to be limited to formal and informal complaints, disciplinary records, training records, and assignment records for a period of five years preceding the subject incident date of December 20, 2005. In addition, Defendant COUNTY will also produce all post-incident documents (December 21, 2005 through present) contained in Deputy FOPPIANO's personnel and Internal Affairs files pertaining to complaints of excessive force, fabrication and/or dishonesty pursuant to the Stipulated Protective Order.

Defendant COUNTY shall produce all documents as noted-above no later than January 7, 2009.

In light of the parties agreement, the parties jointly request that the hearing date of December 19, 2008, at 10:00 a.m. before Honorable Magistrate Judge Dale A. Drozd set for Plaintiffs' Motion to Compel Production of Documents by Defendant COUNTY be vacated and removed from the Court's calendar.

Respectfully submitted,

STIPULATED AND AGREED: Dated: December 15, 2008 LAW OFFICE OF JOHN L. BURRIS

BENJAMIN NISENBAUM Attorneys for Plaintiffs SONJA GABALES, et al.

Dated: December 15, 2008

LAW OFFICES OF GERI LYNN GREEN

GERI LYNN GREEN Attorneys for Plaintiffs TED GABALES, et al.

Dated: December 15, 2008

MAYALL, HURLEY, KNUTSEN, SMITH & GREEN

MARK E.BERRY Attorney for Defendants COUNTY OF SAN JOAQUIN, ROBERT HEIDLEBACH, and ...


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