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Martinez v. City of Fresno

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


February 24, 2009

LUPE E. MARTINEZ AND RALPH C. RENDON, PLAINTIFFS,
v.
CITY OF FRESNO; JERRY DYER, CHIEF OF THE FRESNO POLICE DEPARTMENT; SGT. MICHAEL MANFREDI; OFFICER MARCUS K. TAFOYA, OFFICER BELINDA ANAYA, AND DOES 1 THROUGH 20, IN THEIR INDIVIDUAL AND OFFICIAL CAPACITIES, INCLUSIVE, DEFENDANTS.
CLAUDIA RENDON, GEORGE RENDON, PRISCILLA RENDON, LAWRENCE RENDON, RICARDO RENDON, JOHN NUNEZ, JR., ALFRED HERNANDEZ, AND VIVIAN CENTENO, PLAINTIFFS,
v.
CITY OF FRESNO, JERRY DYER, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS THE CHIEF OF POLICE FOR THE FRESNO POLICE DEPARTMENT; MICHAEL MANFREDI, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS POLICE SERGEANT FOR THE FRESNO POLICE DEPARTMENT; MARCUS K. TAFOYA, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS POLICE OFFICER OF THE FRESNO POLICE DEPARTMENT; BELINDA ANAYA, INDIVIDUALLY AND IN HER OFFICIAL CAPACITY AS A POLICE OFFICER FOR THE FRESNO POLICE DEPARTMENT; AND DOES 1 THROUGH 50, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Honorable Oliver W. Wanger Judge OF The United States District Court

STIPULATION REGARDING OFFICER MARCUS TAFOYA'S DEPOSITION AND ORDER THEREON

IT IS HEREBY STIPULATED by and between the parties, through their respective counsel of record, as follows:

(1) The deposition of defendant Marcus Tafoya was regularaly noticed for February 20, 2009 in the above-referended matter and no procedural objections have been, or will be, interposed to the taking or conducting of the deposition.

(2) Marcus Tafoya, after being duly sworn in and stating his name, will refuse to answer any and all questions whatsover which will be posed to him, regardless of who poses the questions.

(3) Marcus Tafoya's basis for refusing to answer each and every question is by virtue of his assertion of all his rights under the 5th Amendment of the United States Constitution due to being a defendant in a pending criminal case; The People of the State of California v. Marcus Tafoya, case no. 07900100.

(4) All parties will Stipulate to an Order Shortening time for the hearing on plaintiffs'Motion to Compel Marcus Tafoya to provide subtantive responses.

IT IS SO ORDERED:

20090224

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