The opinion of the court was delivered by: The Hororable James Ware United States District Court Judge
MIGUEL MARQUEZ, County Counsel (S.B. #184621) DAVID M. ROLLO, Deputy County Counsel (S.B. #111998) 2 NEYSA A. FLIGOR, Deputy County Counsel (S.B. #215876) OFFICE OF THE COUNTY COUNSEL 3 70 West Hedding Street, East Wing, Ninth Floor San Jose, California 95110-1770 4 Telephone: (408) 299-5900 Facsimile: (408) 292-7240 5 Attorneys for Defendants OFFICERS WHEELER, QUIRO, CUNNINGHAM, TAIARIOL, LOPEZ, MORIN, ROGGY, RHODES, HELIKSON, AND ASBAN SAYURI K. SHARPER (S.B. #232331) PRO BONO PROJECT SILICON VALLEY 10 480 N. First Street San Jose, CA 95112 11 Telephone: (408) 998-5298 Facsimile: (408) 971-9672 Attorney for Plaintiff Gary H. Kidgell
APPROVING STIPULATION AND REQUEST FOR ORDER ALLOWING DEFENDANTS TO ISSUE THIRD PARTY SUBPOENA FOR CERTAIN RECORDS [Re: Docket No. 164]
Plaintiff Gary H. Kidgell ("Plaintiff") and Defendants Sergeants Joseph Lopez and Michael Morin, and Officers Elmer Wheeler, Jon Quiro, Andrew Cunningham, Anthony Taiariol, Michael Roggy, Lynda Rhodes, Myrna Helikson, and Michelle Asban ("Defendants") respectfully 27 submit this stipulated Request for Order Allowing Defendants to issue a third party subpoena for certain records for the following reasons: 2
1. The last day for fact discovery in this matter was January 8, 2010.
2. Prior to close of discovery, Defendants had requested and obtained copies of the x-4 rays that were taken of Plaintiff Gary Kidgell's right wrist on January 2, 2008 at the Kaiser Santa Clara Hospital related to his alleged injuries in this matter. Defendants, however, have misplaced 6 their copies and would like to obtain new copies in preparation for trial. (Declaration of Neysa Fligor in support of Stipulation and Request for Order Allowing Defendants to issue a Third Party 8 Subpoena, ¶ 2.)
3. The parties have agreed to allow Defendants to issue a third party subpoena to Kaiser Santa Clara Hospital to obtain new copies of the subject x-ray.
4. Therefore, the parties ask the Court to issue an order allowing Defendants to issue a 12 third party subpoena to Kaiser Santa Clara Hospital requesting copies of the subject x-ray.
Dated: April 5, 2011 Respectfully submitted,
Pursuant to the above stated stipulation by the parties, Defendants may issue a third party 3 subpoena to Kaiser Santa Clara Hospital requesting copies of the subject x-ray. 4
PURSUANT TO STIPULATION, IT IS SO ORDERED.