STIPULATION AND PROPOSED ORDER REGARDING OFFICER MATTHEW MITCHELL 

SEDIE v. UNITED STATES POSTAL SERVICE; CASE NO.: C-08-4417 EDL

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SANFORD M. CIPINKO, Esq., SBN 88102 

JEREMY CLOYD, Esq. SBN 239991 

LAW OFFICES OF SANFORD M. CIPINKO 

55 FRANCISCO STREET, SUITE 403 

SAN FRANCISCO, CA. 94133 

VOICE: (415) 693-9905 

FACSIMILE: (415) 693-9904 

Attorneys for Plaintiff 

ERIC SEDIE 

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION

ERIC SEDIE, 

 Plaintiff, 

v.

UNITED STATES POSTAL SERVICE. 

DOES 1 TO 50, inclusive, 

 Defendants. 

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CIVIL ACTION NO: C08-4417 EDL

STIPULATION AND [PROPOSED] 

ORDER REGARDING TRIAL 

TESTIMONY OF OFFICER MATTHEW 

MITCHELL 

Case 3:08-cv-04417-EDL Document 142 Filed 01/22/10 Page 1 of 5 Case3:08-cv-04417-EDL Document140 Filed01/21/10 Page1 of 5
STIPULATION AND PROPOSED ORDER REGARDING OFFICER MATTHEW MITCHELL 

SEDIE v. UNITED STATES POSTAL SERVICE; CASE NO.: C-08-4417 EDL

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WHEREAS, on December 30, 2009, plaintiff served a subpoena for trial 

testimony on Corte Madera Police Officer Matthew Mitchell requesting his 

appearance for testimony on February 2, 2010; 

WHEREAS, plaintiff’s counsel informed defendant on January 20, 2010 

that Officer Mitchell was scheduled to be in Sacramento attending training during 

the week of February 1-5, 2010; 

WHEREAS, plaintiff’s counsel requested a stipulation from defendant on

January 20, 2010 to take Officer Mitchell’s trial testimony by videotape in 

advance of trial; 

WHEREAS, defense counsel responded on January 21, 2010 that despite 

the disruption to pretrial preparation defense counsel can be available to 

accommodate plaintiff’s request on January 27, 2010 at 2:00 p.m. at the Corte 

Madera location described below; 

WHEREAS, Officer Matthew Mitchell has agreed to appear for purposes 

of giving trial testimony by video deposition on January 27, 2010; 

WHEREAS, plaintiff’s counsel will provide defense counsel via messenger 

with a courtesy copy (i.e. free of charge) of the DVD and/or video recording of all 

of the testimony provided by Officer Mitchell on January 27, 2010 no later than 

3:00 p.m. on January 29, 2010. 

ACCORDINGLY, the parties agree that Officer Mitchell’s testimony at trial 

may be offered by way of video deposition, with said deposition to occur on 

January 27, 2010 at 2:00 p.m. at 5725 Paradise Drive, Suite E Building 900, 

Corte Madera, California 94925. Further, plaintiff’s counsel will provide defense 

counsel via messenger with a courtesy copy (i.e. free of charge) of the DVD 

Case 3:08-cv-04417-EDL Document 142 Filed 01/22/10 Page 2 of 5 Case3:08-cv-04417-EDL Document140 Filed01/21/10 Page2 of 5
STIPULATION AND PROPOSED ORDER REGARDING OFFICER MATTHEW MITCHELL 

SEDIE v. UNITED STATES POSTAL SERVICE; CASE NO.: C-08-4417 EDL

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and/or video recording of all of the testimony provided by Officer Mitchell on 

January 27, 2010 no later than 3:00 p.m. on January 29, 2010. 

DATED: January 21, 2010 LAW OFFICES OF SANFORD M. CIPINKO 

By: /s/

JEREMY CLOYD 

Attorneys for Plaintiff Eric Sedie 

DATED: January 21, 2010 JOSEPH P. RUSSONIELLO 

 United States Attorney 

By: /s/

MELISSA K. BROWN 

JONATHAN U. LEE 

Attorneys for Defendant United States Postal 

Service 

Case 3:08-cv-04417-EDL Document 142 Filed 01/22/10 Page 3 of 5 Case3:08-cv-04417-EDL Document140 Filed01/21/10 Page3 of 5
STIPULATION AND PROPOSED ORDER REGARDING OFFICER MATTHEW MITCHELL 

SEDIE v. UNITED STATES POSTAL SERVICE; CASE NO.: C-08-4417 EDL

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[PROPOSED] ORDER 

Pursuant to the stipulation of the parties and good cause appearing, 

Officer Matthew Mitchell’s testimony at trial may be offered by way of video 

deposition, with said deposition to occur on January 27, 2010 at 2:00 p.m. at 

5725 Paradise Drive, Suite E Building 900, Corte Madera, California 94925.

Further, plaintiff’s counsel will provide defense counsel via messenger with a 

courtesy copy (i.e. free of charge) of the DVD and/or video recording of all of the 

testimony provided by Officer Mitchell on January 27, 2010 no later than 3:00 

p.m. on January 29, 2010. 

Dated: 

ELIZABETH D. LAPORTE 

UNITED STATES MAGISTRATE JUDGE 

 

Case3:08-cv-04417-EDL Document140 Filed01/21/10 Page4 of 5

January 22, 2010

Case 3:08-cv-04417-EDL Document 142 Filed 01/22/10 Page 4 of 5
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Case 3:08-cv-04417-EDL Document 142 Filed 01/22/10 Page 5 of 5 Case3:08-cv-04417-EDL Document140 Filed01/21/10 Page5 of 5