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THOMAS M. HERLIHY (SBN 83615) 

Email: thomas.herlihy@wilsonelser.com 

FRANCIS TORRENCE (SBN 154653) 

Email: francis.torrence(g),wilsonelser.com 

WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 

525 Market Street, 17th Floor 

San Francisco, California 94105 

Telephone: (415)433-0990 

Facsimile: (415)434-1370 

Attorneys for Defendant 

PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY 

J. DAVID OSWALT (SBN 073439) 

Email: doswalt@kantor.law.net 

CHRISTINA J. SMITH (SBN 193509) 

Email: egreen@kantorlaw.net 

KANTOR & KANTOR 

19839 Nordhoff Street 

Northridge, California 91324 

Telephone: (818)886-2525 

Facsimile: (818)350-6272 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

MARGARET HALL, ) Case No.: CV08 0114CRB 

) 

Plaintiff, ) 

) STIPULATION REGARDING THE 

vs. ) DEPOSITIONS OF DR. E. GARY STARR 

) AND MARY FULLER AND [PROPOSED] 

PROVIDENT LIFE AND ACCIDENT ) ORDER THEREON 

INSURANCE COMPANY, 

Defendant 

Plaintiff Margaret Hall and defendant Provident Life and Accident Insurance Company 

("Provident"), through their respective counsel, stipulate with respect to the following facts: 

STIPULATION REGARDING THE DEPOSITIONS OF DR. E. GARY STARR AND MARY FULLER 

USDC NDCA Case No.: CV 08 0114 CRB 

480091.1 

Case 3:08-cv-00114-CRB Document 81 Filed 04/12/10 Page 1 of 5
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1. Dr. E. Gary Starr is a physiatrist with an office in Reno, Nevada. On October 1, 

2007, Dr. Starr performed an independent medical examination of Plaintiff at the request of 

Provident. Provident relied upon Dr. Starr's report of the examination in deciding to terminate 

Plaintiffs disability benefits. 

2. Plaintiff served a deposition subpoena on Dr. Starr scheduling his deposition for 

January 19, 2010. 

3. Prior to the deposition, Dr. Starr's office demanded a deposition fee of $2,500 per 

hour. Plaintiffs counsel contend that they negotiated an agreement with Dr. Starr's office 

whereby he would appear for his deposition for a deposition fee of $1,000 per hour. Prior to the 

deposition, Plaintiffs counsel paid Dr. Starr $1,000 for the first hour of the deposition. 

4. On January 19, 2010, counsel for Plaintiff and Provident traveled to Reno, 

Nevada, for Dr. Starr's deposition. Dr. Starr appeared for his deposition, but left after thirty 

minutes stating: 

You purchased a half an hour of my time. So we made arrangements in the office 

that I would have patients after that. So, when you sent us a check for a thousand 

dollars, that was your request to buy a half an hour. So we have patients. So I 

need to go. 

(January 19, 2010 Deposition of Edward Gary Starr, M.D., at 17:14-17.) 

5. Plaintiff then filed a Petition and Application for an Order to Show Cause 

Regarding the Deposition of Dr. E. Gary Starr with the United States District Court for the 

District of Nevada, which was assigned Case No. 3:10-cv-00075 ("the OSC Action"). In the 

OSC Action, plaintiff seeks an order compelling Dr. Starr to appear for a deposition at a date and 

time set by the Court and awarding Plaintiff her actual losses incurred as a result of Dr. Starr's 

failure to comply with the deposition subpoena. 

6. On February 19, 2010, Magistrate Judge Valerie P. Cooke entered an order in the 

OSC Action directing Dr. Starr to appear on March 29, 2010, to show cause why he should not 

be held in contempt for his violation of the deposition subpoena and why Plaintiff should not be 

awarded compensatory damages, including costs and expenses incurred in connection with the 

-1-

STIPULATION TO REGARDING THE DEPOSITONS OF DR. E. GARY STARR AND MARY FULLER 

USDC NDCA Case No.: CV 08 0114 CRB 

Case 3:08-cv-00114-CRB Document 81 Filed 04/12/10 Page 2 of 5
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January 19, 2010 deposition and the costs and expenses incurred in bringing the OSC Action. 

The hearing on the order to show cause has been continued to April 12, 2010. 

7. On February 23, 2010, Provident designated Dr. Starr as an expert witness in this 

action. 

8. The deposition of Mary Fuller, one of Plaintiff s designated expert witnesses, was 

originally scheduled for March 19, 2010 in Portland, ME. The parties have agreed to reschedule 

that deposition for a mutually convenient date that may be after the expert discovery cut-off date 

of April 1,2010. 

THEREFORE, Plaintiff and Provident, through their respective counsel, stipulate as 

follows: 

1. Provident will notice Dr. Starr's deposition at his office or another location in 

Reno, Nevada on a date that is mutually convenient for counsel for Plaintiff and Provident. 

2. The deposition of Dr. Starr may be taken after the expert discovery cut-off date of 

April 1,2010. 

3. Provident will pay Dr. Starr's deposition fee for a four hour deposition at a rate 

not to exceed a maximum of $6,000. 

4. Plaintiffs counsel will exam Dr. Starr first and will have up to three hours to 

complete the examination. Plaintiffs counsel may reserve a portion of the three hours for 

additional questions after the examination by Provident's counsel. 

5. Provident's counsel will then depose Dr. Starr for up to one hour. 

6. Provident will videotape the deposition and the parties agree that the deposition 

can be used at trial in lieu of live testimony, subject to evidentiary objections. 

7. Plaintiff will promptly dismiss the OSC Action. 

STIPULATION TO REGARDING THE DEPOSITONS OF DR. E. GARY STARR AND MARY FULLER 

USDC NDCA Case No.: CV 08 0114 CRB 

Case 3:08-cv-00114-CRB Document 81 Filed 04/12/10 Page 3 of 5
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8. The deposition of Mary Fuller may be taken after the expert discovery cut-off 

date of April 1,2010. 

Dated: April 6, 2010 WILSON, ELSER, MOSKOWITZ, EDELMAN & 

DICKER LLP 

By:. 

/s/ Thomas M. Herlihy 

Thomas M. Herlihy 

Francis J. Torrence 

Lisa S. Passalacqua 

Attorneys for Defendant 

Provident Life and Accident Insurance Company 

Dated: April 6, 2010 ICANTOR & KANTOR LLP 

/s/ J. David Oswalt 

By:_ 

J. David Oswalt 

Attorneys for Plaintiff Margaret Hall 

ORDER 

PURSUANT TO STIPULATION, IT IS ORDERED that: 

1. Provident will notice Dr. Starr's deposition at his office or another location in 

Reno, Nevada on a date that is mutually convenient for counsel for Plaintiff and Provident. 

2. The deposition of Dr. Starr may be taken after the expert discovery cut-off date of 

April 1,2010. 

3. Provident will pay Dr. Starr's deposition fee for a four hour deposition at a rate 

not to exceed a maximum of $6,000. 

4. Plaintiffs counsel will exam Dr. Starr first and will have up to three hours to 

complete the examination. Plaintiffs counsel may reserve a portion of the three hours for 

additional questions after the examination by Provident's counsel. 

STIPULATION TO REGARDING THE DEPOSITONS OF DR. E. GARY STARR AND MARY FULLER 

USDC NDCA Case No.: CV 08 0114 CRB 

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5. Provident's counsel will then depose Dr. Starr for up to one hour. 

6. Provident will videotape the deposition and the parties agree that the deposition 

can be used at trial in lieu of live testimony, subject to evidentiary objections. 

7. Plaintiff will promptly dismiss the OSC Action. 

8. The deposition of Mary Fuller may be taken after the expert discovery cut-off 

date of April 1,2010. 

Date: ,2010 

United States District Judge 

STIPULATION TO REGARDING THE DEPOSITONS OF DR. E. GARY STARR AND MARY FULLER 

USDC NDCA Case No.: CV 08 0114 CRB 

April 8

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORN

I

A

IT IS SO ORDERED

Judge Charles R. Breyer

Case 3:08-cv-00114-CRB Document 81 Filed 04/12/10 Page 5 of 5