UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
January 9, 2012
AMERIPRIDE SERVICES, INC.,
VALLEY INDUSTRIAL SERVICES, INC., A FORMER CALIFORNIA CORPORATION, ET AL., DEFENDANTS.
[Additional Attorneys Listed on Signature Page]
STIPULATION AND ORDER PERMITTING THE USE OF NON- CERTIFIED DEPOSITIONS AT TRIAL AND ALL RELATED CROSS-ACTIONS.
Defendant TEXAS EASTERN OVERSEAS, INC., ("TEO") and Plaintiff AMERIPRIDE SERVICES INC., ("AmeriPride"), by and through their respective counsel, stipulate with respect to 3 the use of non-certified depositions at trial as follows: RECITALS
1. This action was filed on January 19, 2000.
2. A motion to consolidate was filed this action with Huhtamaki Foodservice, Inc v. AmeriPride Services, Inc. (the "Huhtamaki Action"). (Dkt. 175-4.) The motion was granted on November 3, 2005. (Dkt. 185.)
3. Since the filing of this action there have been over thirty (30) depositions taken in 10 this and the Huhtamaki Action. A large number of the depositions were taken between 2003 and 11 2006. As a result, some of the court reporters are no longer in business or no longer have the files 12 upon which to prepare a certified copy of the deposition and exhibits. 13
4. Further, as several parties have settled this matter the original certified transcripts
14 have been difficult to locate. 15
5. Both AmeriPride and TEO have designated deposition testimony to be read into the 16 record at trial. 17
6. The parties have agreed to prepare one set of depositions and designated deposition 18 exhibits for trial. 19
Based on the foregoing, AmeriPride and TEO request that the Court permit the use of non-
21 certified deposition transcripts and deposition exhibits at trial. The deposition text and exhibits will 22 be jointly submitted with designated testimony highlighted to distinguish the designating party. 23
However, this stipulation does not eliminate any objection to the authenticity of the deposition 24 previously made by the parties pursuant to the requirements of the Final Pretrial Order. The parties 25 waive any requirements that the depositions be certified copies, originals or that exhibits be 26 attached.
Dated: January 4, 2012 WILSON, ELSER, MOSKOWITZ, ELDELMEN & DICKER LLP By: /s/ Emily M. Weissenberger Ronald Bushner Bernard Gehlhar Emily M. Weissenberger 6 Attorneys for TEXAS EASTERN OVERSEAS, INC. 7 BASSI, EDLIN, HUIE & BLUM LLP 8 Fred M. Blum Erin Poppler 9 Attorneys for TEXAS EASTERN OVERSEAS, INC. Dated: January 4, 2012 HUNSUCKER GOODSTEIN & NELSON PC 11 10 By: ____/s/ Maureen B. Hodson 12 Philip C. Hunsucker Brian L. Zagon 13 Maureen B. Hodson Marc A. Shapp 14 Attorneys for AMERIPRIDE SERVICES INC. STOEL RIVES LLP 15 Lee N. Smith Attorneys for AMERIPRIDE SERVICES INC.
IT IS SO ORDERED.
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