UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
August 11, 2009
ADVANCED MICROTHERM, INC.; HVAC SALES, INC., PLAINTIFFS,
NORMAN WRIGHT MECHANICAL EQUIPMENT CORPORATION; RICHARD LEAO; TEMPCO, INC.; AND F. W. SPENCER & SON, INC., ET AL DEFENDANTS.
The opinion of the court was delivered by: Mag. Judge Hon. Patricia V. Trumbull
STIPULATED ORDER REGARDING RICHARD YATES DEPOSITION
Judge Hon. James Ware
AND RELATED CROSS-CLAIMS
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
WHEREAS, Richard Yates has been subpoenaed by Plaintiffs to be deposed in Manhattan Beach, California on August 11, 2009 at the time and place noted on the subpoena and accompanying Notice of Deposition and Request to Produce Documents;
WHEREAS, Norman Wright's counsel requests that the deposition of Richard Yates be changed to August 12, 2009 or August 14, 2009 at the same time and location;
WHEREAS, counsel for Richard Yates is willing to make Mr. Yates available in San Francisco at a location, date, and time agreeable to Plaintiffs' counsel provided Mr. Yates is reimbursed for his air fare by counsel collectively or Plaintiffs' counsel, individually;
WHEREAS, counsel for Richard Yates will produce Mr. Yates in accordance with the above terms provided Mr. Yates is not re-deposed on the same exhibits and the same questioning that occurred during Mr. Yates previous depositions on April 5-6, 2007 when he was extensively cross- examined by Norman Wright Mechanical Equipment Company, Inc. and counsel for the Plaintiffs.
NOW, THEREFORE, the parties agree and the Court orders:
1. The deposition of Richard Yates will commence on August 14, 2009 at 10:00 a.m. at the Law Offices of Foreman & Brasso and will continue for no more than 7 hours.
IT IS SO ORDERED:
PATRICIA V. TRUMBULL United States Magistrate Judge
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