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Maher v. City of Fresno

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


May 1, 2009

MICHELLE MAHER, PLAINTIFF,
v.
CITY OF FRESNO, AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Sandra M. Snyder U.S. Magistrate Judge

AGREED STIPULATION FOR DEPOSITION OF NON-PARTY WITNESS MICHAEL E. MITCHELL AND ORDER

IT IS STIPULATED BY AND BETWEEN THE PARTIES THROUGH THEIR ATTORNEYS AS FOLLOWS:

The Defendant CITY OF FRESNO originally scheduled the deposition of MICHAEL E. MITCHELL on May 8, 2009, at the Comfort Inn Suites, located at 1590 University Avenue, Riverside, California 92507; telephone number (951) 683-6000;

WHEREAS, deponent MICHAEL E. MITCHELL has relocated to Chicago, Illinois. The parties are stipulating that his deposition be rescheduled to take place on May 5, 2009, at a time to be agreed upon by the parties through their attorneys and Mr. Mitchell.

WHEREAS, the deposition will be taken telephonically at the McCorkle Court Reporting firm, located at 200 N. LaSalle Street, Ste. 300, Chicago, Illinois 60611; telephone number (312) 726-8897.

ORDER

IT IS HEREBY ORDERED

PROOF OF SERVICE

CCP §§ 1011, 1013, 1013a, 2015.5

FRCP 5(b)

STATE OF CALIFORNIA, COUNTY OF FRESNO

I am employed in the County of Fresno, State of California. I am over the age of 18 and not a party to the within action; my business address is 2600 Fresno Street, Fresno, CA 93721-3602.

On May 1, 2009, I served the document described as AGREED STIPULATION FOR DEPOSITION OF NON-PARTY WITNESS MICHAEL ERIC MITCHELL AND PROPOSED ORDER on the interested parties in this action o by placing the true copies thereof enclosed in sealed envelopes addressed as stated on the attached mailing list: n by placing o the original n a true copy thereof enclosed in sealed envelopes addressed as follows:

Dan Siegel, Esq. Debra Smith, Esq.

Jessica Albert, Esq. Equal Rights Advocates

Siegel & Yee 1663 Mission Street, Suite 250 499

14th Street, Suite 220 San Francisco, CA 94103

Oakland, CA 94612

lleebove@equalrights.org jalbert@siegelyee.com

Telephone: (415) 621-0672

Telephone: (510) 839-1200

FAX: (415) 621-6744 FAX: (510) 444-6698

BY MAIL o I deposited such envelope in the mail at Fresno, California. The envelope was mailed with postage thereon fully prepaid.

oAs follows: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at Fresno, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit.

o (BY E-FILING) The above noted individuals are registered with the Court to receive notice of electronic filed documents. Per ECF rules, hard copies must be served only on parties who are not set up for electronic notification.

o (Federal) I declare under penalty of perjury under the laws of the United States of America that the above is true and correct and that I am employed in the office of a member of the bar of this Court at whose discretion the service was made.

Executed on May 1, 2009, at Fresno, California

Emma L. Baker

20090501

© 1992-2009 VersusLaw Inc.



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